To the King's most Excellent Ma∣jesty.
HVmbly shew unto our Sove••eign 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 the First, 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 Arch∣bishops, Bishops, Earls, Barons, Knights, Burgesses, and other the Freemen of the Commonalty of this Realm: And by Autho∣rity of Parliament holden in the Five and twentieth year of the Reign of King Edward the Third, 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 Rea∣son, 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 be∣fore-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.
Yet nevertheless, of late, divers Commis∣sions, directed to sundry Commissioners in se∣veral Counties, with instructions, have is∣sued, by means whereof, your people have been in divers places assembled, and required to lend certain sums of money unto your Ma∣jesty, and many of them, upon their refusal so to do, have had an Oath administred unto them, not warrantable by the Laws or Sta∣tutes of this Realm, and have been con∣strained to become bound to make appear∣ance, and give attendance before your Privy-Council, and in other places, and others of them have been therefore imprisoned, confined, and sundry other waies molested and disqui∣eted: And divers other Charges have been laid and levied upon your people in several Counties, by Lords Lieutenants, Deputy-Lieutenants, Commissioners for Musters, Iustices of Peace, and others, by command and direction from your Majesty, or your Privy-Council, against the Laws and free Customs of this Realm.
And where also by the Statute called, The * 1.1 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 Out-lawed or Exiled, or in any manner destroyed, but by the lawful Iudgment of his Peers, or by the Law of the Land.
And in the eight and twentieth year of the * 1.2 Reign of King Edward the Third, it was Declared and Enacted by Authority of Par∣liament, That no man, of what estate or condition that he be, should be put out of his Lands or Tenements, nor taken, nor impri∣soned, nor disherited, nor put to death, with∣out being brought to answer by due process of Law.
Nevertheless, against the tenor of the said Statutes, and other the good Laws and Sta∣tutes * 1.3 of your Realm, to that end provided, divers of your Subjects have of late been im∣prisoned, without any cause shewed; and when for their deliverance they were brought before your Iustices, by your Majesties Writs of Habeas Corpus, there to undergo and receive as the Court should order, and their Keepers commanded to certifie the causes of their detainer; no cause was certified, but that they were detained by your Majesties Special Command, signified by the Lords of your Privy-Council, and yet were returned back to several Prisons, without being char∣ged with any thing to which they might make answer according to the Law.
And whereas of late great Companies of Souldiers and Marriners have been disper∣sed 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 vexa∣tion of the people.
And whereas also by Authority of Parli∣ament, in the 25 year of the Reign of King * 1.4 Edward the Third, it is Declared and Enact∣ed, That no man shall be fore-judged of life * 1.5 or ••imb against the form of the great Charter, and the Law of the Land; and by the said great Charter, and other the Laws and Sta∣tutes of this your Realm, no man ought to be adjudged to death, but by the Laws esta∣blished in this your Realm, either by the Cu∣stoms of the same Realm, or by Acts of Par∣liament: And whereas no offender of what kind soever, is exempted from the proceed∣ings to be used, and punishments to be in∣flicted by the Laws and Statutes of this your Realm; Nevertheless of late, divers Commissions under your Majesties Great Seal have issued forth, by which, certain per∣sons have been assigned and appointed Com∣missioners with Power and Authority to pro∣ceed within the Land, according to the Iu∣stice of Martial Law against such Souldiers and Marriners, or other dissolute persons joyning with them, as should commit any Murder, Robbery, Felony, Mutiny, or other Out-rage 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 tri∣al and condemnation of such offenders, and them to cause to be executed and put to death, according to the Law Martial.