The Online Library of Liberty

A project of Liberty Fund, Inc.

• Alphabetical List of Authors
• Illustrations
• Introduction
• Note On the Texts
• Part One: Colonial Settlements and Societies
• Virginia Articles, Laws, and Orders I610–11
• The Mayflower Compact November 11, 1620
• Fundamental Orders of Connecticut January 14, 1639
• The Massachusetts Body of Liberties December 1641
• Charter of Liberties and Frame of Government of the Province of Pennsylvania In America May 5, 1682
• Dorchester Agreement October 8, 1633
• Maryland Act For Swearing Allegiance 1638: Plymouth Oath of Allegiance and Fidelity 1625
• Little Speech On Liberty
• Copy of a Letter From Mr. Cotton to Lord Say and Seal
• Part Two: Religious Society and Religious Liberty In Early America
• The Bloody Tenent, of Persecution, For Cause of Conscience
• A Platform of Church Discipline
• Providence Agreement August 20, 1637: Maryland Act For Church Liberties 1638: Pennsylvania Act For Freedom of Conscience December 7, 1682
• Worcestriensis 1776
• Thanksgiving Proclamation and Letters to Religious Associations
• Farewell Address
• The Rights of Conscience Inalienable
• Letter to the Danbury Baptist Association
• Part Three: Defending the Charters
• Magna Charta 1215
• Petition of Right 1628
• An Account of the Late Revolution In New England and Boston Declaration of Grievances: Boston Declaration of Grievances
• The English Bill of Rights 1689
• The Stamp Act March 22, 1765
• Braintree Instructions
• Resolutions of the Virginia House of Burgesses June 1765: Declarations of the Stamp Act Congress October 24, 1765
• The Rights of the British Colonies Asserted and Proved
• The Act Repealing the Stamp Act March 18, 1766; the Declaratory Act, 1766
• Part Four: the War For Independence
• A Discourse At the Dedication of the Tree of Liberty
• Letters From a Farmer In Pennsylvania, Letters V and Ix
• Declaration and Resolves of the First Continental Congress October 14, 1774
• Virginia Bill of Rights June 12, 1776
• On Civil Liberty, Passive Obedience, and Non-resistance
• Common Sense
• The Declaration of Independence July 4, 1776
• Part Five: a New Constitution
• Thoughts On Government
• Articles of Confederation 1778
• The Essex Result April 29, 1778
• Northwest Ordinance 1787
• Albany Plan of Union July 10, 1754
• Virginia and New Jersey Plans 1787
• The Constitution of the United States of America 1787
• The Federalist , Papers 1, 9, 10, 39, 47–51, 78
• Address of the Minority of the Pennsylvania Convention December 12, 1787
• An Examination of the Leading Principles of the Federal Constitution
• Part Six: the Bill of Rights
• The Federalist , Papers 84 and 85
• Letter I
• Essay I
• Letter Iii
• Memorial and Remonstrance Against Religious Assessments: Virginia Bill For Establishing Religious Freedom
• Speech Introducing Proposed Constitutional Amendments: Debate Over First Amendment Language August 15, 1789: The First Ten Amendments to the Constitution, Or the Bill of Rights 1789
• Commentaries On the Constitution of the United States
• The People V. Ruggles
• Marbury V. Madison
• Barron V. The Mayor and City Council of Baltimore
• Part Seven: State Versus Federal Authority
• Essay V: “brutus” 1787
• Chisholm V. Georgia: U.s. Constitution, Eleventh Amendment 1787
• The Alien and Sedition Acts June 25, 1798: Virginia Resolutions December 21, 1798: Kentucky Resolutions November 10, 1798: Counter-resolutions of Other States 1799: Report of Virginia House of Delegates 1799
• The Duty of Americans, At the Present Crisis
• Report of the Hartford Convention 1815
• Commentaries On the Constitution of the United States: a Familiar Exposition of the Constitution of the United States
• Part Eight: Forging a Nation
• Opinion Against the Constitutionality of a National Bank: Opinion As to the Constitutionality of the Bank of the United States
• Veto Message
• Veto Message
• Commentaries On the Constitution of the United States
• Address to the Young Men’s Lyceum of Springfield, Illinois: Address to the Wisconsin State Agricultural Society, Milwaukee, Wisconsin
• Newspaper Editorials: “direct Taxation” April 22, 1834: “chief Justice Marshall” July 28, 1835: “the Despotism of the Majority” March 25, 1837: “morals of Legislation” April 15, 1837: “the Morals of Politics” June 3, 1837
• Speech On Electioneering
• Speech Before the U.s. Senate (webster): Speech Before the U.s. Senate (hayne)
• Fort Hill Address
• Part Nine: Prelude to War
• Laws Regulating Servants and Slaves, 1630–1852
• “slavery” “agriculture and the Militia”
• The Missouri Compromise 1820–21
• Newspaper Editorials: “governor Mcduffie’s Message” February 10, 1835: “the Question of Slavery Narrowed to a Point” April 15, 1837: “‘abolition Insolence’” July 29, 1837
• Senate Speeches On the Compromise of 1850 Speech On the Slavery Question
• Second Fugitive Slave Law September 18, 1850: Ableman V. Booth (62 Us 506)
• Scott V. Sandford
• The Relative Position and Treatment of the Negroes the Abolitionists—consistency of Their Labors
• What Is Slavery? Slavery Is Despotism
• Kansas-nebraska Act 1856: Fifth Lincoln-douglas Debate October 7, 1858
• Bibliography

Petition of Right
1628

The unpopular foreign wars waged by England’s Charles I had led his Parliament to refuse to grant him increased tax monies. Charles had responded by forcing wealthy subjects to lend money to his government, quartering his troops in private homes, and arbitrarily arresting and imprisoning important figures who publicly opposed his policies. In response, Parliament, led by the famous lawyer Sir Edward Coke, drafted and sent to the king the Petition of Right. In this document, Parliament sets forth its view that long-standing law and custom established its right to consent to all taxes, and the right of the people to be free from arbitrary imprisonment, the forced quartering of soldiers, and martial law during time of peace. In return for Charles’s assent to this Petition, Parliament granted him increased subsidies.

Petition of Right

The Petition exhibited to his Majesty by the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, concerning divers Rights and Lib-erties of the Subjects, with the King’s Majesty’s royal answer thereunto in full Parliament

To the King’s Most Excellent Majesty,

Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament assembled, that whereas it is declared and enacted by a statute 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 laid or levied by the king or his heirs 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 authority of Parliament holden in the five-and-twentieth year of the reign of King Edward III., it is declared and enacted, that from thenceforth no person shall 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 subjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge not set by common consent, in Parliament:

• II. 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 your Majesty, and many 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 and make appearance and give utterance 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 laid and levied upon your people in several counties by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace and others, by command or direction from your Majesty or your Privy Council, against the laws and free customs of the realm.
• III. And whereas 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 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.
• IV. And in the eight-and-twentieth year of the reign of King Edward III., it was declared and enacted by authority of Parliament, that no man, of what estate or condition that he be, should be put out of his lands or tenements, nor taken, nor imprisoned, nor disherited, nor put to death without being brought to answer by due process of law.
• V. 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 subjects have of late been imprisoned without any cause showed; and when for their deliverance they were brought before your justices, by your Majesty’s writs of habeas corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty’s special command, signified by the lords of your Privy Council, and yet were returned back to several prisons, without being charged with anything to which they might make answer according to the law.
• VI. And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn against the laws and customs of this realm, and to the great grievance and vexation of the people.
• VII. And whereas also by authority of Parliament, in the five-and-twentieth year of the reign of King Edward III, it is declared and enacted, that no man shall be forejudged 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 be adjudged 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 exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm; nevertheless of late time divers commissions under your Majesty’s great seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanour whatsoever, and by such summary course 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 such offenders, and them to cause to be executed and put to death according to the law martial.
• VIII. By pretext whereof some of your Majesty’s subjects 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.
• IX. 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 realm, 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 laws and statutes, upon pretence that the said offenders were punishable only by martial law, and by authority of such commissions 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.
• X. 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 such like charge, without common consent by act of Parliament; and that none be called to make, answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same or for refusal 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 soldiers and mariners, and that your people may not be so burdened in time to come; and that the foresaid commissions, for proceeding by martial 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 Majesty’s subjects be destroyed or put to death contrary to the laws and franchise of the land.
• XI. All which they most humbly pray of your most excellent Majesty as their rights and liberties, according to the laws and statutes of this realm; and that your Majesty would also vouchsafe to declare, that the awards, doings, and proceedings, to the prejudice of your people in any of the premises, shall not be drawn hereafter 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 read the 2nd of June, 1628, the King’s answer was thus delivered unto it.

The King willeth that right be done according to the laws and customs of the realm; and that the statutes be put in due execution, that his subjects may have no cause to complain of any wrong or oppressions, contrary to their just rights and liberties, to the preservation whereof he holds himself as well obliged as of his prerogative.

This form was unusual and was therefore thought to be an evasion; therefore on June 7 the King gave a second answer in the formula usual for approving bills: Soit droit fait comme il est désire.]