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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A83373	The petition of right: exhibited to His Maiestie, by the Lords and Commons assembled in Parliament, concerning divers rights, and the liberties of the subject; : with His Majesties severall answers to them. : Also His Majesties declaration upon the same. : Likewise, His Majesties Commission of Aray for Leicester Shire, / written by the King in Latine, and translated for the knowledge of the common-wealth. ; With the votes of both houses of Parliament concerning the same. ; John Browne cler. Parliamentorum. ; Together how Sir Henry Hastings and others had repulse, and were arested by a sergeant at armes in the execution of the said commission.	England and Wales. Parliament.; Charles I, King of England, 1600-1649.; Browne, John, ca. 1608-1691.; England and Wales. Sovereign (1625-1649 : Charles I)	1642 (1642)	Wing E2169A; ESTC R34431	7,929	8

THE PETITION OF RIGHT Exhibited to his MAIESTIE By the Lords and Commons assembled in Parliament concerning divers Rights and the Liberties of the Subject With his Majesties severall Answers to them Also his Majesties Declaration upon the same Likewise His Majesties Commission of Aray for Leicester Shire written by the King in Latine and translated for the knowledge of the Common-wealth With the Votes of both Houses of Parliament concerning the same Iohn Browne Cler. Parliamentrrum Together how Sir Henry Hastings and others had repulse and were arested by a Sergeant at Armes in the execution of the said Commission Printed at London for George Lindesay and are to bee sold by Iohn Gyles at his Shop in Holborne neere Davids Inne 1642. Iune 28. The Petition of Rights Exhibited to his Majestie by the Lords Spirituall and Temporall and Commons in Parliament assembled c. To the Kings most Excellent Maiestie HVmbly shew unto Our Soveraigne Lord the KING the Lords Spirituall and Temporall Commons in Parliament assembled That where as it is declared and enacted by a Satute made in the time of the Reigne of King Edward the first commonly called Statutum de Tallagio non concedendo That no Tallage or Ayde shall be laid or levyed by the King or his Heires in this Realme without the good will and assent of the Archbishops Bishops Earles Barons Knights Burgesses and other the Freemen of the Commonalty of this Realme And by Authority of Parliament holden in the five and twentieth yeare of the Raigne of King Edward the third it is declared and enacted That from hence forth no person should bee compelled to make any Loanes to the King against his will because such Loanes were against reason and the Franchise of the Land And by other Lawes of this Realme 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 Lawes and Statutes of this Realme your Subjects have inherited this Freedome That they should not be compelled ●o contribute to any Taxe Tallage Ayde or other like Charge not set by common consent in Parliament Yet neverthelesse of late divers Commissions directed to sundry Commissioners in severall Counties with instructions have issued by meanes whereof your people have been in divers places assembled and required to lend certaine summes of mony unto your Majesty and of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Lawes or Statutes of this Realme and have been constrained to become bound to make appearance and give attendance before your Privie Councell and in other places and others of them have been therefore Imprisoned confined and sundery other waies mo●ested and disquieted And divers other charges have been levyed upon your people in severall Counties by Lord Lieutenants Deputie-Lieutenants Commissioners for Musters ●ustices of Peace and others by Command of or Direction from your Majestie or your Privie Councell against the Lawes and free Customes of the Realme 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 Customes or be outlawed or exiled or in any manner de●troyed but by the lawfull Judgement of his Peeres or by the law of the Land And in the eight and twentieth yeare of the reigne of King Edward the third it was decla●ed 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 Processe of Law Neverthelesse against the tenure of the said Statutes and other the good Lawes and Statutes of your Realme to that end provided divers of your Subjects have of late been imprisoned without any cause shewed And when for their deliverance they were brought before you Justices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court should order and their keepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties speciall command signified by the Lords of your Privie Councell and yet were returned back to severall prisons without being charged with any thing to which they might make answer according to Law And whereas of late great Companies of Souldiers and Marriners have beene dispersed into divers Counties of the Realme and the inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to so journe against the Laws and Customes of this Realme and to the great grievance and vexation of the people And whereas also by authority of Parliament in the five and twentieth yeare of the Raigne of King Edward the third it is declared and enacted that no man should before judged of life or limbe against the forme of the Great Charter and the Law of the Land And by the sayd Great Charter and other the Lawes and Statutes of this your Realme no man ought to bee adjudged to death but by the Lawes established in this your Realme either by the Customes of the same Realme or by Acts of Parliament And whereas no offender of what kind soever is excepted from the proceedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realme Neverthelesse of late time divers Commissions under your Majesties great Seale have issued forth by which certaine persons have beene assigned and appointed Commissioners with power and authority to proceed within the Land according to the Justice of Martial law against such souldiers or Marriners or other dissolute persons joyning 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 Martiall Law and as is used in Armies in time of Warre to proceed to the tryall and condemnation of such offenders and them to cause to be executed and be put to death according to the Law Martiall By pretext whereof some of your Majesties Subjects have beene by some of the said Commissioners put to death when and where if by the Lawes and Statutes of the Land they had deserved death by the same Lawes and Statutes also they might and by no other ought to have beene 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 Realme by reason that divers of your Officers and Ministers of Justice have unjustly refused or forborne to proceed against such offenders according to the same Lawes and Statutes 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 wholy and directly contrary to the said Lawes and Statutes of this your Realme They do therfore humbly pray your most Excellent Majesty hat no man hereafter be compelled to make or yeeld any Gift or Loane Benevolence Taxe 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 refusall 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 Souldiers and Marriners and that your people may not be so burthened in time to come And that the foresaid Commissioners for proceeding by Martiall 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 Maj●sties Subjects be destroyed or put to death contrary to the Lawes 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 Realme And that your Majesty would also vouchsafe to declare the Awards doings and proceedings to the prejudice of your people in any of the premisses shall not be drawne 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 Royall will and pleasure that in the things aforesaid all your Officers and Ministers shal serve you according to the Laws and Statutes of this Realm as they tender the honour of your Majestie and the prosperity of this Kingdome Which Petition being read the Kings answer was thus delivered unto it THe King willeth that Right be done according to the Lawes and Customes of this Realme And that the Statutes be put in due execution that his subjects may have no cause to complaine of any wrong or oppositions contrary to their just rights and liberties To the preservation whereof He holds himselfe in conscience as well obliged as of His Prerogative But this answer not giving satisfaction the King was againe 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 al ambiguous interpretations to shew you that there is no doublenesse 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 Clerke of the Crowne the Clerke 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 then I granted you in my first answer for the meaning of that was to confirme all your Liberties knowing according to your owne protestations that you neither meane nor can hurt my Prerogative And I assure you my Maxime is That the peoples Liberty strengthens the Kings Prerogative awd that the Kings Prerogative is to defend the peoples Liberties Ye see now how ready I have shewed my selfe to satisfie 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 seeme 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 occount of my actions to none but God alone It is knowne to every one that a while agoe the House of Commons gave mee 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 justifie 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 chiefe maintenances of the Crowne by alledging that I have given away my right thereof by my answer to your Petition This is prejudiciall unto me that I am forced to end this Sessions some few houres 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 begins 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 wayes 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 shew the clearnesse of my intentions that I neither repent nor meane to recede from any thing I have promised you I doe here declare that those things which have beene done whereby men had some cause to suspect the Liberty of the subjects to be trencht upon which indeed was the first and true ground of the Petition shall not hereafter be drawne 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 aske 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 bee 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 Lawes 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 Majesties Commission of Aray for Leicestershire CHarles by the grace of God King of England Scotland France Ireland Defender of the Faith c. To our deare and well-beloved Henry Earle of Huntington and William Earle of Devon and to our loving and faithfull Henry Hastings Knight sonne to the said Earle of Huntington Henry Berkley

George Villers Thomas Burton Baronets Henry Skipwith Iohn Skeffington and Richard Halford Knights and Baronets Wolstan Dix●y Richard Roberts Iohn Bale Thomas Hartop Erasmus de la Fountaine and William Iones Knights Henry Hastings of Humberston George Ashby and Iohn Pate Squires and to our Sheriffe 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 Kingdome of England which be farre absent are willing by the Divine grace favouring Us to resist and to dispose and order the same for the safety and defence of our Selfe and of our Kingdome 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 arme themselves viz. whosoever of them according to his state and faculty both to asside and contribute according to the advisemen● and discretion of you or any three or more of you and also to straine and command all those who are able in land or goods and impotent by reason of the weaknesse of their bodies t● labour to finde according to the quantity of his Lands and goods as he may beare it rationably his state being secure to be armed Men of Armes and men armed either with Bows or Arrowes so that they shall not delay or cause to be delayed at his owne house in his owne Countrey in defence of the said Kingdome against our enemies if danger should happen that for their delay they endanger not the Kingdome And to the said men of Armes or armed men and Archers so arrayed and furnished continually in their arrayment as in an hundred thousand or other-wise as it shall be held necessary and convenient but wee doe assigne you or any three or more of you of whom we intend you Henry Earle of Huntington aforesaid and in your absence you William Earle of Devon or you Henry Hastings aforesaid sonne to the said Earle of Huntington should be one to command and enjoyne these men of Armes or men armed and Archers so arrayed and habilited as well at the Sea-coasts as in any other places where and as often as it shall be necessary to expell beat back and destroy our enemies from time to time when any danger shall appeare We assigne also you and any three or more of you to muster or cause those men of Armes men armed and Archers from time to time as often as need shall require diligently to be done and supervised And also to proclaime order and diligently examine that all and singular of these men of Armes men armed or Archers to bee armed with their owne and no other Armes upon punishment of losing them those onely excepted who ought to be armed at the expences of others as is aforesaid and to arest and take all and singular whom you shall finde contrary and rebellious in this case and to commit them to our prison and to remaine in the same till they bee freed by the Law Therfore Wee command and enjoine you more strictly that Wee may by the faith and allegation whereby Wee are bound that these Presents being seene that you may be more securely arayed and prepared before you at certaine dayes and places which shall seeme more competent and expedient and lesse hurtfull to our people that all men staying in your Countrey by whom the Arayment and Ammunition may be better performed come and are called and those to be arayed armed and habilited those so arayed habilited in this arrayment be cōpleated and that you cause the signes to be set up called Beakins in the accustomed places by which the Country may be fore-armed and fore-warned of the comming of our enemies in congruent times And that you cause those men so arayed habilited when danger shall be feared ●o march out in defence of the King and Countrey 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 intend that you Henry Earle of Huntington and in your absence William Earle of Devon or you Henry Hastings son to the aforesaid Earl of Huntington shal be one that shall command them to march out as is aforesaid so that for the defect of the defence arayment or marching out of the said men of Armes or by your negligence the losse of the Countrey be not caused by our enemies in any manner But wee doe grant to all and singular Earles Barons Knights Maiors Bailiffes Constables Ministers and other faithfull and liege Earles aforesaid as well within the liberty as without firmly by the tenour 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 doe meet before you or before any three or more of you at certaine dayes and places which you or any three or more of you as aforesaid shall ordaine most convenient by whom the arayment assession and ordination may be the better execute and those to whom it shall happen to be taken and arested for rebellion to be kept in prison as is aforesaid In testimony wherof we have made these our Letters Patents Witnesse our Selfe the eleventh day of June in the eighteenth yeare of Our reigne By the King W●llis Die Sabbathi 18. Iunit 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 Iunii 1642. Resolved upon the Question c. 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 Kingdome 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 Kingdome Ioh. Brown Cler. Parliamentorum The Commission of Aray put in Execution HIS Majesty having sent this Commission of Aray unto the above-name● which was not with little acceptation received by Sir Henry Hastings sonn● to the Earle of Huntington Mr. Hofford of Wistoe c. 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 behalfe 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 c. On Wednesday the 22. of this present June in the afternoone the fore-named Henr● Hastings with others came to Leicester with a great number of attendants who sided wit● them to put their Commission of Aray in execution thereby to nullifie what the other ha● already performed and to imprison those that should not assist them in this designe or shoul● side with the other so that great commotions began to rise for this hostile number so suddenly comming upon them made the inhabitants feare they came to surprise the Towne Th● Lord Ruthin and Sir Arthur Hasselridge giving their personall attendance in the fore-noon● and had with their owne hands and others stuck upon posts in the market place other pl●ces 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 Townesme● took it very heynously 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 wisedome of the P●…liament had provided that if whom they had appointed Lieutenants for that County sho●… have any opposition a Sergeant at Armes who was there present and did in the Kings nam●… and in the name of the high Court of Parliament arest the said Henry Hastings and oth●… and would have their bodies put into safe custody This sudden act perswaded their mindes to desist as was thought by the changing of th●… colour and now began the Townesmen to bestirre themselves to have the Sergeant at Ar●… his Prisoners forth-comming But by reason of the multitude of the one and the paucity of the other after much striv●… for the space of two houres at length got the Prisoners mounted on Horse-backe and 〈◊〉 once rode all away together FINIS