his fubjects; and which juftified their attempts to vindicate their rights by force of arms. His impofitions upon trade, as arbitrary as they were injudicious, difaffected the merchants, who are always the firmeft fupporters of a good king. His, or what was the fame thing, Laud's unrelenting perfecution of the non-conformifts emptied the country of many of its moft ufeful inhabitants, who, undaunted by difficulties or dangers, fled to the wilds of America, to get beyond the reach of the spiritual arm*. In fhort, the whole tenor of Charles's conduct was fo fubverfive of all law and justice, that every true patriot is forced to approve, instead of pitying his fate; and must regard his execution as the triumph of national justice over royal delinquency,

Before Charles rafhly drew the fword, he had many opportunities of being undeceived with refpect to his falfe notions of the English governThe PETITION OF RIGHT, in particular,

ment.

* The number of emigrants was fo great, that a proclamation was iffued, forbidding all masters and owners of ships to carry any paffengers to America, without a fpecial licence from the privy-council; and, what is very remarkable, Cromwell, Hampden, and others of that party, unable to procure fuch a passport, were hindered from going to New England, after having been on fhip-board for that purpose. Charles had afterwards full leifure to repent of this impolitic and unwarrantable invasion of the liberty of his subjects.

and

and the TRIENNIAL BILL were fufficient to check in the career of ruin any prince less obftinate, or lefs incorrigible. After having vainly exerted all his influence first to prevent, and then to elude the former, he was at length obliged to give his affent to it in the cleareft and moft unequivocal manner. It was drawn up by fir Edward Coke and will do his memory immortal honour. Ą copy of this fecond charter, or grand confirmation of the rights of Englishmen, cannot be omitted, without cenfure, in any book that treats of the fubject.

THE PETITION OF RIGHT.

Humbly fhew unto our fovereign lord the king, the lords fpiritual and temporal, and commons in parliament affembled ;

"That whereas it is declared and enacted by a ftatute made in the time of the reign of king Edward I. commonly called Statutum de tallagio non concedendo, that NO TALLAGE OR AID SHALL BE LEVIED by the king or his heirs in this realm, WITHOUT THE GOOD WILL AND ASSENT of the archbishops, bishops, earls, barons, knights, burgeffes, and other freemen of the commonalty of this realm; and by authority of parliament, holden in the twenty-fifth year of king Edward III. it is declared and enacted, that from henceforth no

perfon

perfon fhall 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 fhould be charged by any charge. or impofition called a benevolence, nor by fuch like charge; by which the ftatutes before-mentioned, and other the good laws and ftatutes of this realm, your fubjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge, not fet by common confent of parliament :

"Yet, nevertheless, of late, divers commiffions, directed to fundry commiffioners in feveral counties, with inftructions, have iffued, by means whereof your people have been in divers places affembled, and required to lend certain fums of money to your majefty; and many of them, upon their refufal fo to do, have had an oath adminiftred unto them, not warrantable by the laws and ftatutes 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 imprifoned, confined, and fundry other ways molefted and difquieted; and divers other charges have been laid and levied upon your people in feveral counties, by lord-lieutenants, deputy-lieutenants, commiffioners for mufters, juftices of

VOL. I.

C

peace,

peace, and others, by command or direction from your majefty, or your privy-council, AGAINST

THE LAWS AND FREE CUSTOMS OF THIS REALM:

"And whereas alfo by the ftatute 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 FREEHOLDS, OR LIBERTIES, OR HIS FREE CUSTOMS, OR BE OUTLAWED OR EXILED, OR IN ANY MANNER DESTROYED, BUT BY THE LAWFUL JUDGMENT OF HIS PEERS, OR BY THE LAW OF THE LAND; and in the eight-and-twentieth year of king Edward III. it was declared and enacted by authority of parliament, that no man of what eftate or condition that he be, fhall be put out of his lands or tenements, nor taken, nor imprifoned, nor difinherited, nor put to death, without being brought to answer by due process of law:

L "Nevertheless, against the tenor of the said sta tutes, and other the good laws and ftatutes of your realm, to that end provided, divers of your fubjects have of late been imprifoned without any caufe fhewn; and when, for their deliverance, they were brought before juftice, by your majefty's writs of Habeas Corpus, there to undergo and receive as the court fhould order, and their keepers commanded

commanded to certify the cause of their detainer, no cause was certified, but that they were detained by your majesty's fpecial command, fignified by the lords of your privy-council; and yet were returned back to several prifons, without being charged with any thing to which they might make answer by due process of law :

"And whereas of late great companies of foldiers and mariners have been difperfed into divers counties of the realm, and the inhabitants, against their wills, have been compelled to receive them into their houses, and there to fuffer them to fojourn, against the laws and customs of this realm, and to the great grievance and vexation of your people :

"And whereas alfo by authority of parliament, in the twenty-fifth year of the reign of king Ed ward III. it is declared and enacted, that no man fhould be forejudged of life or limb against the form of the GREAT CHARTER, and laws of the land, and by the faid GREAT CHARTER, and other the laws and ftatutes of this your realm, no man ought to be adjudged to death but by the laws in this your realm, either by the customs of the fame realm, or by acts of parliament :

"And whereas no offender of what kind foever is exempted from the proceedings to be used, and punishments

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