punishments to be inflicted by the laws and ftatutes of this your realm:

"Nevertheless of late divers commiffions, under your majesty's great feal, have iffued forth, by which certain perfons have been affigned and appointed commiffioners, with power and authority to proceed within the land, according to the juftice of martial law, against fuch foldiers and mariners, or other diffolute perfons joining with them, as fhould commit any murder, robbery, felony, mutiny, or other outrage, or misdemeanor whatsoever; and by fuch fummary courfe 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 fuch offenders, and them to cause to be executed and put to death, according to the law-martial; by pretext whereof some of your majesty's fubjects have been, by fome of the faid commiffioners, put to death; when and where, if by the law and ftatutes of the land they had deferved death, by the fame laws and ftatutes alfo they might, and by no other ought to have been adjudged and executed:

"And also fundry grievous offenders, by colour thereof claiming an exemption, have escaped the punishments due to them by the laws and ftatutes of this your realm, by reason that divers of your officers and minifters of juftice have unjustly re

fufed

fused or forborn to proceed against such offenders, according to the fame laws and ftatutes, upon pretence that the faid offenders were punishable only by martial law, and by authority of fuch commiffions as aforefaid; which commiffions, and all other of like nature are wholly and directly contrary to the faid laws and ftatutes of this your realm.

"They do therefore humbly pray your most excellent majesty, that no man hereafter be compelled to make, or yield any gift, loan, benevolence, tax, or fuch-like charge, without common confent by act of parliament; and that none be called to make anfwer, or take fuch oath, or to give attendance, or to be confined, or otherwise molested, or difquieted concerning the fame, or for the refufal thereof; and that no freeman, in any fuch manner as is before mentioned, be imprifoned, or detained; and that your majesty would be pleased to remove the faid foldiers and mariners, and that your people may not be fo bur thened in time to come; and that the forefaid commiffions for proceeding by martial law may. be revoked and annulled, and that hereafter no commiffions of like nature may iffue forth to any perfon or perfons whatfoever to be executed as aforefaid, left, by colour of them, any of your majefty's fubjects be destroyed, or put to death, contrary to the laws and franchises of the land:

"All which they moft humbly pray your most excellent majesty, AS THEIR RIGHTS AND LIBER

TIES, ACCORDING TO THE LAWS AND STATUTES

OF THIS REALM; and that your majefty would alfo vouchfafe to declare, that the awards, doings, and proceedings, to the prejudice of your people, in any of the premises, fhall not be drawn hereafter into any confequence or example; and that your majefty would be alfo graciously pleased, for the future comfort and fafety of your people, to declare your royal will and pleasure, that, in the things aforefaid, all your officers and ministers shall serve you according to the laws and ftatutes of this realm, as they tender the honour of your majefty, and the profperity of the kingdom."

Though nothing could be plainer, or more pointed than the language of this petition; and though Charles confirmed it in the fulleft manner; he foon attempted to explain away with wretched sophistry the most important part of it, and thereby forfeited the confidence of his parliament, and of his people. The commons being employed in preparing a remonftrance on the illegality of exacting tonnage and poundage, without their confent, and contrary to the very firft article in the petition. of right, the king fuddenly commanded their attendance in the houfe of lords, and prorogued the parliament with a speech fo full of despicable eva

fions, and fo void of good fenfe, integrity, and honour, as renders it, indeed, "a difficult matter to determine which of the two, his head, or his heart, moft deferves cenfure."

The other act, of conftitutional importance, paffed in this reign, which we mean to notice, was the TRIENNIAL BILL. Charles being quite difgufted with parliaments on account of their uniform refiftance to all his arbitrary measures, feemed refolved at length never to convene them, but when he had exhaufted every other resource for defraying the expences of his government *. This was a fatal resolution, and, to use the words of Lord Digby," the caufa caufarum of all the mifchiefs of thofe times t." By neglecting frequently to take the sense of the nation upon his measures, he was hurried by the violence of his own temper, and by the illufions of court flattery, into fuch unwarrantable exceffes as could only be atoned for by the forfeiture of his life. The enlightened parlia

* This is evident by his difcontinuing parliaments for twelve years, when he hoped to raise fufficient fupplies by his own arbitrary impofitions.

"Surely there is no man," faid his lordship," but will conclude with me, that as the want of parliaments hath been the caufa caufarum of all the mischiefs and diftempers of the present times; fo frequency of parliaments is the fole antidote, that can preferve and fecure us, for the future, from the fame danger."

ment of 1640 faw the alarming progress of this evil, and endeavoured to apply an effectual remedy. This gave rife to the TRIENNIAL BILL, which was framed for the exprefs purpose of preventing inconveniencies, which muft arife from the long intermiffion of parliaments,

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But as Mr. Hume has called this famous bill "an innovation in the conftitution," we fhall oppose to fo daring an untruth his own account of the bill itself, which will clearly demonstrate what inconfiftencies the ableft writers are liable to be betrayed into by the blindness of their prejudices, or by the prostitution of their talents to party purposes. "During the reign of Edward III." fays Mr. Hame, it had been enacted that parliaments should be held once every year, or more frequently if neceffary. But as no provifion had been made. in cafe of failure, and no precife method pointed out for execution, this ftatute was dispensed with at pleasure. This defect was fupplied by thofe vigilant patriots, who now affumed the reins'of government." If then, in the earlieft period of our parliamentary hiftory, a law was made for frequently convening thofe national affemblies, how could it be innovating; was it not rather bringing back the conftitution to its firft principles, to enforce the ftrict obfervance of fo falutary a meafure? This was the great object of the TRIENNIAL,