| 1628 |
Charles I's third Parliament in four years met
on March 17th 1628, and immediately started discussing recent grievances
against the way the King had been treating them.
The Commons leader Sir Edward Coke, a lawyer, came up with the Petition
of Right...a statement of a person's fundamental rights which the King
should agree to honour.
It made reference to the Magna Carta (see section III) and asserted
that a person should have...
- freedom from arbitrary arrest and imprisonment
- freedom from non-parliamentary taxation
- freedom from the enforced billeting of troops
- freedom from martial law.
The full text is shown here...
The King reluctantly accepted it in the hope that he would receive
subsidies from parliament.
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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. (PETITION OF RIGHT 1628:8)
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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