Historical collections of private passages of state Weighty matters in law. Remarkable proceedings in five Parliaments. Beginning the sixteenth year of King James, anno 1618. And ending the fifth year of King Charls, anno 1629. Digested in order of time, and now published by John Rushworth of Lincolns-Inn, Esq;

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 Kings Majesties Royal Answer thereunto in full Parliament.

To the Kings most Excellent Majesty.

HUmbly shew unto our Soveraign Lord the King, the Lords Spi∣ritual [ E] 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 aide shall be laid or le∣vied 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 twen∣tieth year of the Reign of King Edward the third, it is Declared and [ F] 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 the Statutes before mentioned, and other the good Laws and Statutes of this Realm, your Subjects have inheri∣ted this Freedom, That they should not be compelled to contribute to any Tax, Tallage, Aid, or other like Charge, not set by common cen∣sent in Parliament.

Yet nevertheless, of late divers Commssions directed to sundry Commissioners in several Counties with instructions have issued, by means whereof your People have been in divers places assembled, [ A] 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 admini∣stred unto them, not warrantable by the Laws or Statutes of this Realm, and have been constrained to become bound to make appear∣ance and give attendance before your Privy Councel, and in other places, and others of them have been therefore Imprisoned, Consi∣ned, and sundry other ways molested and disquieted: And divers other charges have been layed and levied upon your People in several Counties, by Lords, Lieutenants, Deputy Lieutenants, Com∣missioners for Musters, Iustices of Peace, and others by command [ B] or direction from your Majesty or your Privy Councel, against the Laws and free Customs of the Realm.

And where also by the Statute called,* 1.1 The great Charter of the Liber∣ties 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 destroy∣ed, but by the lawful Iudgement of his Peers, or by the Law of the Land.

And in the eight and twentieth year of the reign of King Edward the third,* 1.2 it was declared and enacted by Authority of Parliament, That [ C] no man of what Estate or condition that he be, should be put out of his Land or Tenements, nor taken, nor imprisoned, nor disherited, nor put to death, without being brought to answer by due process of Law.

Nevertheless,* 1.3 against the tenor of the said Statutes, and other the good Laws & Statutes of your Realm,* 1.4 to that end provided, divers of your Subjects have of late been imprisoned without any cause shewed,* 1.5 and when for their deliverance they were brought before your Iustices,* 1.6 by your Majesties Writs of Habeas Corpus, there to undergo and re∣ceive as the Court should order, and their Keepers commanded to cer∣tifie [ D] 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 Councel, and yet were returned back to se∣veral Prisons, without being charged with any thing to which they might make answer according to the Law.

And whereas of late great companies of Soldiers and Mari∣ners, 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 [ E] the Laws and Customs of this Realm, and to the great grievance and vexation of the people.

And whereas also by Authority of Parliament,* 1.7 in the 25 year of the reign of King Edward the third, it is declared and enacted, That no man shall be forejudged of life or limb against the form of the great Charter,* 1.8 and the Law of the Land:* 1.9 And by the said great Charter and other the Laws and Statutes of this your Realm,* 1.10 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 Par∣liament: [ F] And whereas no offender of what kinde 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 di∣vers Commissions under your Majesties 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 Iustice of Martial Law, against such Sol∣diers and Mariners, or other dissolute persons joyning with them, as should commit any Murther, 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 tryal and condemnation of such of∣fenders, and them to cause to be executed and put to death, accord∣ing to the Law Martial.

By pretext whereof, some of your Majesties Subjects have been by [ A] 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 adjudged and executed.

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 Iustice have unjustly refused, or forborn to proceed against such offenders according to the same Laws and Statutes, up∣on [ B] pretence, that the said offenders were punishable onely 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.

* 1.11They do therefore humbly pray your most Excellent Majesty, That no man hereafter be compelled to make or yield any Gift, Loan, Be∣nevolence, 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 he confined, or otherwise [ C] molested or disquieted concerning the same, or for refusal thereof: And that no Freeman, in any such maner as is before mentioned, be imprisoned or detained: And that your Majesty will be pleased to re∣move the said Soldiers and Mariners, and that your People may not be so burthened in time to come: And that the foresaid Commissi∣ons 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 Majesties Subjects be destroyed or put to death, contrary to the Laws and Franchise of the Land. [ D]

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 graci∣ously 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 [ E] and Statutes of this Realm, as they tender the Honor of your Maje∣sty, and the prosperity of this Kingdom.

Which Petition being read, the 2 of June 2628. The Kings Answer was thus delivered unto it.

Notes

• * 1.1

  9. Hen. 3.29.
• * 1.2

  28. Ed. 3.3.
• * 1.3

  37. Ed. 3.18.
• * 1.4

  38. Ed. 3.9.
• * 1.5

  42. Ed. 3.3.
• * 1.6

  17. Ric. 2.6.
• * 1.7

  25. Ed. 3.9.
• * 1.8

  9. Hen. 3.29.
• * 1.9

  25. Ed. 3.4.
• * 1.10

  28. Ed. 3.3.
• * 1.11

  The Petition