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The Petition exhibited to his Majesty by the Lords
Spiritual and Temporal, and Commons, in this present
Parliament assembled, concerning divers Rights and Liberties
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
assembles, that whereas it is declared and enacted by a
statute made in the time of the reign of King Edward I,
commonly called Stratutum de Tellagio 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 should 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 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 custom 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
disseized of his freehold 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 land or tenements, nor taken, nor
imprisoned, nor disinherited 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
misdemeanor whatsoever, and by such summary course and order
as is agreeable to martial law, and 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 color
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
pretense that the said offenders were punishable only by
martial law, and by authority of such commissions as
aforesaid; which commissions, 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 aforesaid 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 color 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 honor of your Majesty, and the prosperity of this
kingdom.
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