may we receive comfort from his majesty gracious care over we we dispute here  of our liberty but his majesty care watch over we now be the axe lie to the  root of the tree that that proceed from his majesty be great his majesty  desire we to let he know whether we will rely upon his gracious promise or no  let we consider of it against tomorrow may that royal word have reference to  some message former send his majesty word be that they may secure themselves  any way by bill or otherwise and he promise to give way to it and to the end  that this may not touch his majesty honour it be propose that the bill come  not from this house but from the king We will and grant for we and our  successor that we and our successor will do thus and thus and it be to the  king honour that he can speak but by record other desire the house to consider  when and where the late promise be make be it not in the face of both house  cruel king have be careful to perform their promise yea though they have be  unlawful as Herod therefore if we rest upon his majesty promise we may assure  ourselves of the performance of it beside we bind his majesty by rely on his  word we have law enough it be the execution of they that be our life and it be  the king that give life and execution may misconceive be the mother of misdo  sure I be misreports bring forth delay we will not strain or enlarge anything  we agree upon the substance a I find we err much in send message Henry num the  king ought not to take any information what be do here till it be resolve here  a going to be are to touch let we absolute confess we do not encroach on his  prerogative may let we go in a parliamentary way for any not to rely on the  king it be not fit trust in he be all the confidence we have under God he be  God lieutenant trust he we must be it ever know that general word be a  sufficient satisfaction to particular grievance be ever a verbal declaration  of the king word palace when grievance be the parliament be to redress  grievance and mischief that happen imprisonment be our grievance billet of  soldier unnecessary loan etcetera do ever parliament rely on message they ever  put up petition of their grievance and the king ever answer they the king  answer be very gracious but what be the law of the realm that be the question  I put no diffidence in his majesty the king must speak by a record and in  particular and not in general let we have a conference with the lord and join  in a petition of right to the king for our particular grievance do you ever  know the king message come into a bill of subsidy all succeed king will say  you must trust I as well as do your predecessor and trust my message but  message alone never come into a parliament let we put up our petition not that  I distrust the king but because we can take his trust but in a parliamentary  way may it be agree that the article be not now for this climate they be not  under the great seal and so no man can have warrant from they and so not  accord to law for the commission itself-the learned man himself dislike these  word that it go to any but to soldier then this commission must be against law  Edward a annuity grant for counsel the counsel be to be give in that  profession the grantee be of secundum discrecionem vestram-it be per law to  discern quid sit justice but it be a great difference that be between  jurisdiction and execution execution be in debelland et in war when it be  to flame crimine but may they now in time of peace execute this martial law  without all question they can I observe in all the commission if it be for a  thing do within the realm there the commission go only per incarceracionem  substantial object etcetera to fine law show I a act of parliament against  Henry no may I pray your lordship to excuse we for we have be this day till  one of the clock about the great business and bless be God we have dispatch it  in some measure and before this time we be not able to attend your lordship  but I hope that this meeting will prove to be a great blessing to we my lord I  be command from the house of Commons to express the singular care and  affection they have of concurrence with your lordship in these urgent affair  and proceed in this parliament both for the good of the commonwealth and  principal for his majesty and this I must say in this particular if we have  hundred of tongue we be not able to express that desire which we have of that  concurrence with your lordship but I will leave that without any further  expression my lord it be evident what necessity there be both in respect of  ourselves and our posterity to have good success of this business we have  acquaint your lordship with the reason and the ground and after we have some  conference we receive from your lordship five proposition and it behoof I to  give your lordship some reason why you have not hear from we before now for in  the meantime as we be consult of this weighty business we have receive diverse  message from our great sovereign the king and they consist of five part first  that his majesty will maintain all his subject in the just freedom both of  their person and estate second that he will govern we accord to the law and  statute three that we shall find much confidence in his royal word I pray  observe it fourthly that we shall enjoy all our right and liberty with as much  freedom as ever any subject have do in former time five that whether we shall  think it fit either by way of bill or otherwise to go on in this great  business his majesty will be please to give way to it these gracious message  do so work upon our affection that we have take they into deep consideration  my lord when we have those message I deal plain for so I be command by the  house of Commons we do consider in what way we may go for our most secure way  nay you we do think it the safe way to go in a parliamentary course for we  have a maxim in our house of Commons and write on the wall of our house that  old way be the safe and sure way and at last we fall upon that which we do  think if that your lordship do consent with we be the most ancient way of all  and this be my lord way of favorable omen both to his majesty to your lordship  and to ourselves for my lord this be the great bind that any subject can have  in any parliament word king this be a high point of honour but this shall be  do by the lord and Commons assent unto by the king in parliament this be the  great obligation of all and this be for the king honour and our safety  therefore my lord we have draw a from of a petition desire your lordship to  concur with we therein for we do come with a unanimous consent of all this  house of Commons for there be great reason your lordship shall do so for your  lordship be involve in the same common periculum require common help and so I  have do with the first part and now I shall be bold to read that which we have  so agree on I shall desire your lordship that I may read it which he do and be  as follow to the king most excellent majesty humble show unto our sovereign  lord the king the lord spiritual and temporal and Commons in this present  parliament assemble that whereas it be declare and enact by a statute make in  the time of the reign of king Edward the first common call to cause to stand  de Tallagio non  to go away that no tallage or aid shall be lie or levy by the  king or his heir in this realm without the good will and assent of the  archbishop bishop earl baron knight burgess and other the free man of the  commonalty of this realm and by a authority of parliament hold in the xxu_t__h  year of the reign of king Edward the three it be declare and enact that from  thenceforth no person shall be compel to make any loan to the king against his  will because such loan be against reason and the franchise of the land and by  other law of this realm it be provide that none shall be charge by any charge  or imposition call a benevolence or by such like charge by which the statute  beforementioned and other the good law and statute of this realm your subject  have inherit this freedom and they shall not be compel to contribute any tax  tallage or aid or other like charge not set by common consent in parliament  yet nevertheless of late diverse commission direct to several commissioner in  several county with instruction have issue by pretext whereof your people have  be in diverse place assemble and require to lend certain sum of money to your  majesty and many of they upon their refusal so to do have have a unlawful oath  administer unto they and have be constrain to become bind to make appearance  and to give attendance before your privycouncil and in other place and other  of they have be therefore imprison confine and sundry other way molest and  disquiet and diverse other charge have be lie and levy upon your people in  several county by lord lieutenant deputy lieutenant commissioner for muster  justice of peace and other by command and direction from your majesty or your  privycouncil against the law and free custom of the realm and where also by  the statute call the magnacarta of the liberty of England it be declare and  enact that no free man may be take or imprison or be seize of his freehold or  liberty or his free custom or be outlaw or exile or in any manner destroy but  by the lawful judgement of his peer or by the law of the land and in the that  year of the reign of king Edward the three it be declare and enact by  authority of parliament that no man of what state or condition that he be  shall be put out of his land or tenement nor take nor imprison nor disinherit  nor put to death without be bring to answer by due process of law nevertheless  against the tenor of the say statute and other the good law and statute of the  realm to that end provide diverse of your subject have be of late imprison  without any cause show and when for their deliverance they be bring before  your justice by your majesty writ of habeas corpus there to undergo and  receive as the court shall order and their keeper command to certify the cause  of their detainer no cause be certify but that they be detain by your majesty  special command signify by the lord of your privycouncil and yet be return  back to several prison without be charge with anything to which they may make  answer accord to the law and whereas of late great company of soldier and  mariner have be disperse into diverse county of the realm and the inhabitant  against their will have be compel to receive they into their house and there  to suffer they to sojourn against the law and custom of this realm and to the  great grievance and vexation of the people and whereas also by authority of  parliament in the that year of the reign of king Edward the three it be  declare and enact that no man shall be forejudged of life or limb against the  from of the magnacarta and the law of the land and by the say magnacarta and  other the law and statute of this your realm no man ought tobeadjudged to  death but by the law establish in this your realm either by the custom of the  say realm or by act of parliament and whereas no offender of what kind soever  be exempt from the proceed to be use and punishment to be inflict by the law  and statute of this your realm nevertheless of late time diverse commission  under your majesty great seal have issue forth by which certain person have be  assign and appoint commissioner with power and authority to proceed within the  land accord to the justice of martial law against such soldier or mariner or  other dissolute person join with they as shall commit any murder robbery  felony mutiny or other outrage or misdemeanour whatsoever and by such summary  course and order as be agreeable to martial law and as be use in army in time  of war to proceed to the trial and condemnation of such offender and they to  cause to be execute and put to death accord to the law martial by pretext  whereof some of your majesty subject have be by some of the say commissioner  put to death when and where if by the law and statute of the land they have  deserve death by the same law and statute also they may and by no other ought  to have be judge and execute and also sundry grievous offender by colour  thereof claim a exemption have escape the punishment due to they by the law  and statute of this your realm by reason that diverse of your officer and  minister of justice have unjust refuse or forbear to proceed against such  offender accord to the say law and statute upon pretense that the say offender  be punishable only by martial law and by authority of such commission as  aforesaid which commission and all other of like nature be whole and direct  contrary to the say law and statute of this your realm they do therefore most  humble pray your most excellent majesty that none hereafter be compel to make  or yield any gift loan benevolence tax or such like charge without common  consent by act of parliament and that none be call to make answer or to take  such oath or to give attendance or to be confine or otherwise molest or  disquiet concern the same or for refusal thereof and that no free man in any  such manner as be before mention be imprison or detain and that your majesty  will be please to remove the say soldier and mariner and that your people may  not be so burden in time to come and that the aforesaid commission for proceed  by martial law may be revoke and annul and that hereafter no commission of  like nature may issue forth to any person or person whatsoever to be execute  as aforesaid lest by colour of they any of your majesty subject be destroy or  put to death contrary to the law and franchise of the land all which they most  humble pray of your most excellent majesty as their right and liberty accord  to the law and statute of this realm and that your majesty will also vouchsafe  to declare that the award do and proceed to the prejudice of your people in  any of the premise shall not be draw hereafter in consequence or example and  that your majesty will be also gracious please for the further comfort and  safety of your people to declare your royal will and pleasure that in the  thing aforesaid all your officer and minister shall serve you accord to the  law and statute of this realm as they tender the honour of your majesty and  the prosperity of this kingdom may to say a man shall have counsel in every  cause-if in the star Chamber they confess it they be to be over as far as and  to have no counsel and if in any action a man confess the fact he be to have  no counsel for so much as he have confess may I have rather give account to  God for mercy than forjustice the end of all punishment be penalty and few  metus and all these gentleman have ill fortune that have light ed on gentleman  of this house of great worth and service that that move I be that they have  enter into the king breast as to say his majesty will be just provoke and  suppose that we countenance you against he thus they climb up to the king  heart the acknowledgement below draw no blood let they do it may this petition  bring in question the right of imposition which be clear can be impose and so  this house do resolve if imposition be set they will be multiply and when  trade be overburden merchandise will cease for the imposition upon currant I  know Fleming be then chief baron and they confer with other judge who differ  from they in their opinion this S be now super add we know the king want to be  great and so never question this revenue shall this moderation of we bring in  these new imposition why be this seizure the good ought not to be seize for  nonpayment of the new imposition let the party have a replevin a first he  mention the great care and correspondency of the house then the happy hope of  a good issue for at the last conference he say the study be to sweeten all  thing for the king and since that the debate of the Upper house have be whole  spend in the argument of imprisonment the lord he say have resolve nothing  conclusive but by way of addition to make the petition easy and passable with  his majesty present some few word to be add at the end the lord keeper read  those word for he say he will not alter the narrative nor the prayer of the  petition last he desire all convenient expedition and leave it to the house to  consider whether theywould sit this afternoon or no if they will the lord will  do so also the word of addition be these we humble present to your majesty  this petition not only with a care of preserve our own liberty but with due  regard to leave entire your sovereign power wherewith your majesty be trust  for the protection safety andhappiness of your people may we be about the king  revenue let we withdraw unnecessary expense this question grow upon Henry that  there shall be a precedent and Council of Wales and the march I know these  county have ever sue to be discharge but these four county be never part of  the march of Wales Edward ass ass direct all vic de Shropshire vic return and  Le lieu you to be in Le march de Wales where breve domini king non to run e  dower direct all vic de Shropshire et to be dit and it gist en lieu you de  march de Wales where breve domini king non to run Edward send for Richard num  et parliament roll less county complain and ils fuer county et nul part deal  Wales et ils pry aid par less inroad etcetera Henry to know facias vic de  Salop return and ill to be in march de Wales et breve domini king non to run  la Henry cap Henry cap march be where limit etcetera as Northumberland be part  of the march of Scotland there be a earl of the march but he be never earl of  Shropshire there be a council in York Henry in the general pardon the king be  at a great charge to find a council in Cornwall etcetera then the Cornish man  petition the king they may live under the law and not under a precedent we  begin and show the reason and ground we have to refuse their propound  alteration we begin with the word pretext but that must be construe accord to  the precedent matter but for that word we be content to yield to it second for  that the loan be upon urgent occasion etcetera to that we say first all loan  be against law second it may imply some loan upon press occasion be lawful  three it be not agreeable to our conclusion for our prayer be that no loan  etcetera fourthly if we allege urgent reason reason of state we must look into  what be pass that may hinder we in our end the bishop of Lincoln say that this  be but to make the matter more sweet and passable and that the king be jealous  of his honour and desirous to render himself fair to posterity but the good  bishop say it be no weighty matter but he argue if the king can take loan no  not even when urgent and press occasion be then much less when there be none I  reply that to choose in law ut judgment how few to leave behind and let we  leave nothing to posterity and it be not a fit shaft for our quiver for we the  house of Commons to say land be upon urgent affair etcetera three unlawful  oath we think it be unlawful and I say there be never a lord there but think  so the lord keeper say this oath be not in the commission but in the  instruction also the lord precedent say that oath be but to discover a  practice in some that dissuade and not for they that refuse the lord say reply  that it be his own collection and that he have no warrant from the house so to  say also they say that the lord most of they be employ in the loan I reply  under term of sweetness we must not go from our end and though the word be not  in the commission yet they be in the instruction that be print and if the  party refuse every such party be examine nay witness be examine these be  chiefs  impression and let we beginning to stand before as for the lord I will  not meddle with they but for the gentleman that be use therein I say I hope  well of this parliament and that a general pardon will amend all but in itself  the great seal be to protect man from wrong this seal be use to oppress man  fourthly for the word privycouncil they will have it at London I say the truth  of the cause be not at London but before the Council also we hope this will be  a law for hereafter five for the word superior power I say that be to leave a  word for the king and his council but I think this and the former be yield  unto by the lord six as for martial law I say it be difficult to say when the  king army be on foot and how many man make a army and if they be on foot if  they be not in war they can hang none the lord keeper reply if a rebellion be  in the far part if you stay for a attainder all be lose I answer there be a  difference if they resist the king power you may slay they in the field but  for jurisdiction afterward they must be try by law also we complain of what be  do in time of peace the noble duke say I will fain know if a general lead a  army and there be those that be disobedient that will obey nothing so that the  expedition do nothing but bring home damnum et shameful appearance shall we  come to the commonlaw I ask if this case be within the land or without he say  he mean without then say I the marshal and constable may try it the lord say  they come with a intent to bring all to a happy end and that they will  acquaint their house with what be do the duke say that he will do his best  service to make a good end of this parliament and to do the best service he  can for king and people as for the word pretext it be order that it be yield  unto may lord keeper deliver their desire of correspondence with this house  that the lord agree to all part of our petition and waive all their alteration  except the word pretext and the word unlawful reason to alter that last word  it be too high and too rigid unlawful may be against the law of God nature and  reason lie it may be understand against the law divine and moral lie that they  will instead of new and unlawful change it to a oath not warrant or  warrantable by the law or statute of this realm desire expedition if we will  sit this afternoon they will desire to know our mind in that a this be magnum  in little this be propound to be a conclusion of our petition it be a matter  of great weight and to speak plain it will overthrow all our petition it  trench to all part of it it fly at loan at the oath at imprisonment and at  billet of soldier this turn all about again look into all the petition of  former time they never petition wherein there be a save of the king  sovereignty I know that prerogative be part of the law but sovereign power be  no parliamentary word in my opinion it weaken great Charta and all the statute  for they be absolute without any save of sovereign power and shall we now add  it we shall weaken the foundation of law and then the building must needs fall  take we heed what we yield unto great Charta be such a fellow that he will  have no sovereign I wonder this sovereign be not in great Charta or in the  confirmation of it if we grant this by implication we give a sovereign power  above all law power in law be take for a power with force the sheriff shall  take the power of the county what it mean here God only know it be repugnant  to our petition that be a petition or right ground on act of parliament our  predecessor can never endure a salvo jure his no more than the king of old can  endure for the church salvo honor God ec clesiae we must not admit of it and  to qualify it be impossible let we hold our privilege accord to the law that  power that be above this be not fit for the king and people to have it dispute  further I have rather for my part have the prerogative act and I myself to lie  under it than to have itdisputed may I like not that we shall say that this be  not aparliamentary way a negative be dangerous and when wise man differ in  opinion quoth to waver in opinion ne to make this addition come not out of our  choir but from the lord and we have confer with they and better we have never  meddle with this than to add this that be in fair term and at first I be take  with it and it seem glorious but now I see it be as dangerous a thing as ever  come in parliament now shall we decline all and come to new proposition and  declaration and what to accommodate let we know if the lord be satisfy or not  if they be not then it must sleep if I have any understanding this addition  wound the fundamental law let we go to the lord and say if you be not satisfy  give we your reason may report to the house from the lord thus I be almost  dead for joy a lord factum be this et be miracle in eye our men  etcetera my  lord keeper say he have many time deliver from the lord word of friendship and  good correspondency to the house of Commons but now their lordship be resolve  not to show word but deed for a good issue towards the happiness of king and  kingdom concern the petition of right he say in a matter of such weight their  lordship have proceed with long and serious debate since the last conference  but now they be in omnibus agree with we and stand upon no alteration but  those which be already grant the word mean for pretext and not warrantable by  the law and statute of this kingdom instead of the word unlawful the petition  he say remain with you and as the lord have already vote it in the Upper house  so they expect we shall do here and have so do they say they will move the  king for a speedy hear there remain yet one excellent circumstance the lord do  desire that as we do touch upon military matter in our petition so we will  take into consideration the right regulate of they and by way of bill to  settle the charge andthe office of deputy lieutenant and thus I hope you shall  see a bless end of this parliament may to render they their most hearty thank  for their noble and happy concurrence with they all this parliament and they  acknowledge that their lordship have not only deal noble with they in word but  also in deed that this petition which they be now to deliver contain the true  liberty of the subject of England and a true exposition of the magnacarta not  great for the word thereof but in respect of the weight of the matter contain  therein the liberty of the people that their lordship concur with the commons  have crown the work and therefore they doubt not but as the first parliament  of king James be call happy parliament so this may be just style parliament  blessed one sir Edward conclude with the humble desire of the commons that the  lord will join with they to beseech his majesty for the more strength of this  petition and the comfort of his love subject to give a gracious answer to the  same in full parliament