THE PETITION OF RIGHTS, 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 several Answers thereunto.  
With his Majesties Declaration upon the same.  
LONDON, Printed for M. Walbancke and L. Chapman.  
1642.   

THE PETITION OF RIGHTS, Exhibited to His majesty, by the Lords spiritual and temporal, and Commons in Parliament assembled, &c.  
To the Kings most Excellent majesty.  
humbly show unto Our sovereign Lord the KING, the Lords spiritual, and temporal Commons in Parliament assembled, That whereas it is declared & 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 Heires 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 Authoriry of Parliament holden in the five and twentieth year of the reign of King EDWARD the third, it is decared and enacted, That from hencforth 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 Subiects have inherited this freedom; That they should not bee compelled to 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 you 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 apparance, 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, Iustices 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 Free hold, or Liberties, or his free customs, or be outlawed, or exiled, or in any manner destroyed, but by the lawful Iudgement 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 he bee, should be put out of his Land or Tenements nor taken nor imprisoned, nor disherited, nor put to death without being brought to anwere by due process of Law.  
nevertheless against the tenor of the said Statutes, and other the good laws and Statutes of your realm, to that end provided, divers of your Subiects have of late been imprisoned without any cause shewed: And when for their deliverance they were brought before your Iustices by your Maiestie● Writs of Habeas Corpus, there to undergo and receive as the Court should order, and their keepers commanded to certify the causes of th 〈…〉 detainer, no cause was certified, but th●t they were detained by your majesties special command, signified by the Lords of your privy council, and yet were returned back to several 〈…〉 without being charged with any thing to which they might m 〈…〉 to Law.  
And whereas of late, great Comp●●●e 〈…〉 and mariners, have been dispersed into divers Co 〈…〉 the realm, and the Inhabitants, against their wills, have been compelled to receive them into their houses, and there ●● suffer them to sojourn against the laws and customs of this realm 〈…〉 d 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 bee foreiudged 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 bee adiudged 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 excempted from the proceedings to bee used, and punishments to bee inflicted by the laws and Statutes of this your realm: nevertheless, of lat●… time divers Commissions under your majesties great seal hav●… issued forth by which certain persons have been assigned an●… appointed Commissioners with power and authority to proceed within the land, according to the Iustice of Martiall Law, against such Souldiers or mariners, or other dissolute persons io●…●ing with them, as should commit any murder, robbery, felon●… mutiny, or other outrage, ●or misdemeanour whatsoever, and 〈…〉 such summary course ●nd order, as is agreeable to Martiall La●… and as is used in Armies in time of war, to proceed to the try●… and condemnation of such offenders, and them to cause to be ex●…cuted and put to death according to the Law Martiall.  
By pretext whereof some of your majesties Subects 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 excemption 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 Iustice have unjustly refused or forbourne to proceed against such offenders, according to the same laws and Statures, upon pretence that the said offenders were punishable onely by Martiall 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 you most Excellent majesty, ●… hat no man hereafter bee compelled to make or yield any Gift, ●… ● loan, Benevolence, tax, or such like Charge, without com●… on consent by Act of Parliament. And that none bee called to ●… ache answer, or to take such Oath, or to give attendance, or be ●… onfined, or otherwise molested, or disquieted, concerning the ●… ●ne, or for refusal thereof. And that no Freeman, in any such ●… anner as is before mentioned, bee imprisoned or detained. And ●… hat your majesty would be pleased to remove the said Souldiers ●… nd mariners, and that your people may not bee so burdened in ●… me to come. And that the foresaid Commissioners for proceed●… g by Martiall Law, may be revoked, and annulled. And that here●… ter no Commissions of like nature may issue forth to any person or ●… rsons whatsoever, to be executed, as aforesaid, least by colour of ●… em any of your majesties Subiects be destroyed, or put to death, ●… trary to the laws and Franchise of the Land.  
All which they most humbly pray, of your most Excellent Ma●… y, and their Rights and Liberties, according to the laws and ●… tutes of this realm. And that your majesty would also vouch●… e to declare the Awards, doings and proceedings, to the preiu●… e of your people, in any of the premises, shall not bee drawn ●… ●after into consequence or 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 red, the Kings 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 bee 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 wisemen, that I could not have imagined, but that it should have given you full satisfaction, but to avoid all ambiguous interpretations, and to show you that there is no doubleness in my meaning, I am willing to please you in words, as well as in substance, red your Petition, and you shall have an answer, that I am sure will please you.   
And then causing the Petition to be distinctly red by the Clerk of the crown. The Clerk of the Parliamenr red 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 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 maxim is, That the Peoples Liberty strengtheners the Kings Prerogative, and that the Kings Prrogative, is to defend the Peoples Liberties.  
Ye see now, how ready I have shewed 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 Majesties 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 owe an account 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.  
Now since I am certainly informed that a second Remonstrance is preparing for me to take away my profit of Tonnage & 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 not to receive any more Remonstrances, to which I must give a harsh answer.  
And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition lest it be worse interpnted in the country, I will now make a Declaration concerning the true intent thereof.  
The profession of both Houses in the time of hamm ring 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 onely 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 subiects 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 Tonnage 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 Iudges for to you onely under me belongs the interpretation of laws; for none of the House of Parliament, jointly or separate,( what new doctrine soever may bee raised) have any power, either to make or declare a Law without my consent.   
FINIS.