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this our Realm, as much as apper-Magna Carta
nos pertinet, erga nostros, omnes taineth to us and our heirs, we shall as Eno, an I.
de regno nostro tam clerici quam lai
ci observent quantum ad se pertinet erga suos. Prohacautem donatione et concessione libertatum istarum et aliarum contentarum in carta nostra delibertatibus foreste, Archiepiscopi, Episcopi, Abbates, Priores, Comites, Baronnes, Milites, libere tenentes et omnes de regno nostro dederunt nobis quintamdecimam partem omnium mobilium suorum. Concessimus etiam eisdem pro nobis et heredibus nostris quod nec nos nec heredes nostrialiquid perquiremus per quod libertates in hac carta contente infringantur vel infirmentur. Et si ab aliquo contra hoc aliquid perquisitum fuerit nichil valeat et pronullo habeatur. Hiis testibus: domino S. Cantuar’Archiep'o, E. London’ Ep'o. J. Bathon' Ep'o. P. Winton’ H. Lincoln, R. Sarum, W. Roff, W. Wygorn' J. Elien' H. Hereforden' R. Cicestr W. Exon' Episcopis. Abbate sancti Edmundi, Abbate sancti Albani, Abbate de Bello, Abbate sancti Augustini Cantaur' Abbate de Evesham, Abbate de Westm’ Abbate de Burgo sancti Petri, Abbate de Reding, Abbate de Abyndon’ Abbate de Malmsbur' Abbate de Wynchecumbe, Abbate de Hide, Abbate de Certeseye, Abbate de Shirburn' Abbate de Cerne, Abbate de Abbotebir’, Abbate de Middleton' Abbate de Séleby, Abbate de Cirencestr' H. de Burgo Justiciario H. Comite Cestr' et Lincoln' W. Comite Sarum W. Comite Waren' G. de Clare Comite Gloucestr' et Hertford' W. de Ferrar' Comite Derb' W. de Mandeville Comite Essex’ H. de Bigod Comite Norff’ W. Comite Albemarlie H. Comite Hereford' J. Constabular' Cestro R. de Ros R. filio Walteri R. de Veteri Ponte W. de Bruer’ R. de Muntifichet P. filio Herberti W. de Aubeny, F. Gresley, F. de Breus' J. de Monemue.J. filio Alani H. de Mortuo Mari W.
observe ; and, all men of this our J
Realm, as well Spiritual as Temporal, as much as in them is, shall observe the same against all persons in likewise. And for this our gift and grant of these liberties, and of other contained in our charter of the liberties of our Forest, the Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Freeholders, and other our subjects, have given unto us the fifteenth part of all their moveables. And we have granted unto them, on the other part, that neither we, nor our heirs, shall procure or do any thing whereby the liberties in this Charter contained, shall be infringed or broken ; and if anything be procured by any person, contrary to the premises, it shall be had of no force nor effect. These being witnesses; Lord S. Archbishop of Canterbury, E. Bishop of London, J. Bishop of Bathe, P. of Winchester, H. ...} Lincoln, R. of Salisbury, W. of Rochester, W. of.
Worcester, J, of Ely, H. of Here- .
ford, R. of Chichester, W. of Exeter, Bishops; the Abbot of St. Edmonds, the Abbot of St. Albans, the Abbot of Bello, the Abbot of St. Augustines in Canterbury, the Abbotof Evesham, the Abbot of Westminster, the Abbot of Bourgh St. Peter, the Abbot of Reading, the Abbot of Abindon, the Abbot of Malmsbury, the Abbot of Winchcomb, the Abbot of Hyde, the Abbot of Certesy, the Abbot of Sherburn, the Abbot of Cerne, the Abbot of Abbotebir, the Abbot of Middleton, the Abbot of Seleby, the Abbot of Cirencester; H, de Burgh, Justice, H. Earl of Chester and Lincoln, W. Earl of Salisbury, W. Earl of Warren, G. de Clare, Earl of Gloucester and Hertford, W. de Ferrars, Earl of Derby, W. de Mandeville, Earl of Essex, H. de Bygod, Earl of Norfolk, W. Earl of Albemarle, H. Earle of Hereford, J. Constable of Chester, R. de Ros, R. Fitzwalter, R. de Vyponte, W.
We, ratifying and approving these gifts and grants aforesaid confirm and make strong for us and our heirs perpetually, all the same, and by the tenour of these presents do renew the same ; willing and granting for us and our heirs, that this Charter and all and singular these Articles forever, shall be stedfastly, inviolably, and firmly observed, and if any article in the said Charter contained, yet hitherto, peradventure hath not been kept, we will, and by Authority Royal command, from henceforth firmly they be observed. In witness whereof, we have caused these our Letters Patents to be made. T. Edward our son, at Westminster, the twenty eighth day of March, in the twenty eighth" year of our reign.
* This ought to be the 25th year, A. D. 1297. See Statutes of the Realm, vol. 1, p. 119.
The following PETITION OF RIGHTS, presented to Charles the First, on the second day of June, 1628, is adopted by the “Act of 1712, of our Province Laws, to put in force the several British Statutes, therein enumerated.”—Trott’s }. page 236 and 249.
This Petition was drawn up by Sir Edmund Coke.—Coke, 207, Edition of 1697. Edit.
TO THE KING'S MOST EXCELLENT MAJESTIE,
Humbly shew unto our Sovereign Lord the King, the Lords Spiritual Act
and Temporal, and Commons in Parliament assembled, that, whereas it is P.
Jeclared and enacted by a Statute, made in the tyme of the Raigne of Rushworth
King Edward the first, commonly called, “Statutum de Tallagio non con-T. i
... p. 588, cedendo,” that no Tallage or Aide should be laid or levied, by the King Anot p. 103.
or his heires, in this Realme ; without the good-will and assent of the Arch Bishopps, Bishopps, Earles, Barons, Knights, Burgesses and other the freemen of the cominalty of this realme: And by Authority of Parliament houlden in the five and twentieth yere of the Raigne of King Edward the third, it is declared and enacted, that from thenceforth noe person should be compelled to make any loanes to the King against his will, because such loanes were against reason, and the franchise of the land; and by other lawes of this realme it is provided, that none should be charged by any charge or imposition, called a Benevolence, nor by such like charge, by which the Statuts before mentioned, and other the good Hawes and statuts of this Realme, your Subjects have inherited this freedom, that they should not be compelled to contribute to any Tax, Tallage, Aide, or other like charge, not sett by common consent in Parliament.
Yet nevertheless of late, divers commissions, directed to sundrie commissioners in severall Counties, with instructions, have been issued, by means whereof your People have bene in divers places assembled, and required to lend certaine sommes of money unto your Majestie, and many of them upon their refusall soe to doe, have had an oath administered unto them, not warrantable by the Lawes or Statuts of this Realme, and have been constrained to become bound to make appearance, and give attendance before your Privie Councell, and in other places; and others of them have beene therefore imprisoned, confined, and sundrie other wayes molested and disquieted: And divers others charges have bene laid and leavied upon your People in severall Counties, by Lord Lieutenants, Deputie-Lieutenants, Commissioners for musters, Justices of peace and others, by commaunde or direction from your Majestie, or your Privie-Councell, against the lawes and free customes of the realme.
No-,-,” 9 Hen. 3, 29. 28 Ddw. 3, 3.
37 Edw. 3, 18. 38 Edw. 3.9. 42 Edw. 3. 3.
17 Rich. 2.6.
25 Edw. 3.9. 9 IIen. 3.29. 25 Edw. 3.4.
28 do. 3.
And whereas alsoe by the Statute called “The greate Charter of the Liberties of England,” it is declared and ennacted, that moe freeman may be taken or imprisoned, or be disseised of his freehold or liberties, or his free customes, or be outlawed or exiled, or in any manner destroyed, but by the lawfull judgment of his Peeres, or by the lawe of the land. And in the eight and twentieth yere of the reigne of King Edward the third, it was declared and ennacted by Authoritie of Parliament, that no man, of what estate or condition that he be, should be putt out of his lands or tenements, nor taken nor imprisoned, nor disherited, nor putt to death, without being brought to answer by due process of law.e. Nevertheless against the tenour of the said Statutes, and other the good lawes and Statuts of your Realme, to that end provided, divers of your subjects have of late beene imprisoned without any cause showed ; and when for their deliverance they were brought before your Justices, by your Majestie's Writ of Habeas Corpus, there to undergoe and receive, as the Court should order, and their Keepers commaunded to certify the causes of their detayner; noe cause was certified, but that they were detayned by your Majestie's special commaund, signified by the Lords of your I'rivie Councell, and yet were returned back to severall prisons, without being charged with any thynge to which they might make answeare according to the lawe. And whereas of late, great companies of souldiers and marriners have bene dispersed into divers Counties of the Realme, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojorne, against the lawes and customes of this realme, and to the great grievance and vexation of the People. And whereas alsoe, by authority of Parliament, in the 25th yere of the raigne of King Edward III., it is declared and enacted that moe man should be forejudged of life or lymbe, against the forme of the great Charter, and the lawe of the land, and by the said great Charter, and other the Laws and Statuts of this your Realme, no man ought to be adjudged to death, but by the lawes established in this your realme, either by the customes of the same realme, or by Acts of Parliament; And whereas noe offender, of what kind soever, is exempted from the proceedings to be used, and the punishments to be inflicted by the lawes and statutes of this your realme; nevertheless of late time, divers commissions under your Majestie's Greate Seale have issued forth, by which certaine persons have been assigned and appointed commissioners, with power and authoritie to proceed within the land, according to the justice of martiall lawe, against such souldiers and marriners, or other dissolute persons joyning with them, as should commit any murder, robbery, felonie, meeting, or other outrage or misdemeanour whatsoever; and by such summarie course and order as is agreeable to martiall lawe, and as is used in armies in tyme of war, to proceed to the tryal and condemnation of such offenders, and them to cause to be executed and putt to death, according to the lawe martiall. By pretext whereof, some of your Majestie's Subjects have bene by some of the said commissioners put to death, when and where, if by the lawes and statuts of the land they had deserved death, by the same lawes and statuts alsoe they might, and by noe other ought, to have been judged and executed. And alsoe sundrie grievous offenders, by colour thereof clayminge an exemption, have escaped the punishments due to them by the lawes and statuts 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 lawes and statuts, upon pretence that the said offenders were punishable only by martiall lawe, and by au- Petroios thority of such commissions as aforesaid : which commissions, and all Riors. others of like nature, are wholely and directlie contrary to the said laws and \*N*/ statuts of this your realme. They doe therefore humbly pray your most excellent Majestie, That no Petition. man hereafter be compelled to make or yielde any guifte, loane, benevolence, tax, or such like charge, without common consent by Act of Parliament; and that none be called to make answeare, or take such oath, or to give attendance, or be confyned, or otherwise molested or disquieted concerning the same, or for refusall thereof: And that noe freeman, in any such manner as is before mentioned, be imprisoned or detayned: And that your Majestie would be pleased to remove the said souldiers and marriners, and that your People may not be soe burthened in the tyme to come: And that the aforesaid commissions for proceedinge by martiall lawe, may be revoaked and annulled ; and that hereafter, noe commissions of like nature, may issue forth to any person or persons whatsoever, to be executed as aforesaid, least by colour of them, any of your Majestie's subjects be destroyed, or putt to death, contrary to the laws and franchise of the land. All which they do most humbly pray of your most excellent Majestie, as their Rights and Liberties, accordinge to the lawes and statuts of this Realme : And that your Majestie would also vouchsafe to declare, that the awardes, doeings, and proceedings, to the prejudice of your People, in any of the premisses, shall not be drawn hereafter into consequence or example: And that your Majestie would be alsoe graciously pleased, for the further comfort and safetie 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 lawes and statuts of this realme, as they tender the honour of your majestie, and the prosperity of this Kingdom.
THE KING'S ANSWER TO THE PETITION OF RIGHTS.
The King willeth that Right be done, according to the laws and customs Thong's of the realme ; and that the Statutes be put in due execution, that his sub- nswer. jects may have no cause to complain of any wrong or oppressions, contrary Rushworth, to their just Rights and Liberties, to the preservation whereof he holds T. 1. p. 390. himself in conscience as well obliged, as of his prerogative.
Petition of both Houses to the King, on the 7th day of June, 1628, wherein a more full and satisfactory answer to the above Petition, is prayed for.
d Petition of both
May it please your most excellent Majestie, The Lords Spiritual an Houses.
Temporal, and Commons in Parliament assembled, taking in consideration that the good intelligence between your Majestie and your People, doth