The Asserter of the Peoples Liberty, Section 3
To the Kings most excellent Majesty.
HUmbly sheweth, unto our Soveraign Lord the King, the Lords Spiritual and Temporal, and Commons in this present Parliament assembled; That whereas it is declared and enácted, by a Statute made in the time of King Edward the I. commonly called … de Tallagio non concedendo; That no Tallage or …id shall be taken or levied by the King or his … in this Realm, without the good will or assent of th… Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other the Freemen of the Commonalty of this Realm. And by an Authority of Parliament holden the 25 year of the reign of King Edward the 3d. 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 Franchises of the Land. And by other Lawes of this Realm it is provided; That none shall be charged by any Charge or Composition, called a Benevolence, nor by any 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 any Tax, Tallage, or Aid, or other like Charge, not set by common Assent by Act of Parliament. Yet neverthelesse of late divers Commissions (directed to sundry persons in several Counties, with their instructions) have issued, by pretext whereof your people have been in divers places assembled, and required to lend certain sums of mony to your Majesty. And many of them upon their refusal so to doe, have had an Oath not warranted by the Laws and Statutes of this Realm administred unto them; and h…ve been constrained to become bound to make appearance, and to give attendance before your Privy Counsel at London, and in other places: and others of them have been therefore imp…isoned, confined, and certain otherways 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 Counsel, against the Laws and free Customs of the Realm.
And whereas also by the Statute called the Great Charter of the Liberties of England, it is declared and enacted, That no Free-man may be taken or imprisoned, or be disseised of his Freehold or Liberties, or free Customs,… or be out lawed, or exiled, or in any manner d… stroyed, nor passed upon, nor condemned, but by the lawfull Iudgement of his Peers, or by the Law of th… Land. And in the 28 year of King Edward the 3. it was enacted and declared by an Authority of Parliament, that no man of what State or condition soever, shall be put out of his Lands or Tenements, nor taken, nor imprisoued, nor disinherited, nor put to death, without being brought to answer by due process of Law. Neverthelesse 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 shewed: and when for their deliverance they were brought before your Justices, by your Majesties writs of Habeas Corpus, there to undergo and receive as the Court should order; and the Keepers commanded to certifie the causes of their deteiner; no cause was certified but that they were deteined by your Majesties special command, signified by the L…rds of your Privy Council: And yet were returned back to several Prisons without being charged with any thing, towhich they might make answer according to Law.
And whereas of late great companies of Souldiers and Mariners have been dispersed into divers Counties of the Realm, and the Inhabitants again…t their Wills have been compelled to receive them into their Houses, and there to suffer them to …, against the Laws and Customes of this Realm, to the great Grievance and Vexation of the people. And whereas also by authority of Parliament, in the 25 year of King Edward the third, it was declared and enacted: That … man should …e forejudged of life or limbs against the form of the Great Charer: And by other the Laws and Statutes of this Realm, No man ought to be adjudged to death, but by the Laws established in this your Realm, either by th… Customes of the same Realm, or by Act of Parliame…t. And whereas no Offender of what kind soever is exempted from the proceedings to to be used, and punishments to be infflicted by the Laws and Statutes of this your Realm. Neverthelesse of late time, divers 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 custome of Martial Law, against such Souldiers or Seamen, or other dissolute Persons, joining with them, as should commit any Murther, Robbery, Felony, Mutiny, or other Outrage or misdemeanour whatsoever; and by such Summary Caurse and Orders as is agreeable to Martial Law, and as is used in A…mies in tim… of Wars, to proceed to the Trials and condemna…ion of such Offenders, and them to cause to be executed and put to death, according to the Law Martial. By pretext whereof, some of your Majesties Subjects have been by some of your Majesties Commissioners put to death, when and where, if by the Laws and Statutes of the Land, they had deserved death, by the … Laws and Statutes also they might, and by no other ought to be judged 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 d… vers of your Officers and Ministers of Justice have unjustly refused or forborn to proceed against such Offenders according to the same Laws and Statutes, upon pretence, 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, extended to any except Souldiers, or Mariners, or to be executed in time of Peace, or when or where, your Majesties Army is not on foot, are wholly and directly contrary to the said Laws and Statutes of this your Real….
They do therefore humbly pray your most excellent Majesty, that none 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 auswer, or take such Oath, …r to give attendance, or be confined or other wise molested or disqu…eted concerning the same, or for refusal thereof; And that no Freeman in any such manner as is before mentioned, be imprisoned or deteined; And that your Majesty would be pleased to remove the said Souldiers, and Mariners, and that your People may not be so burthened in time to to come; And that the aforesaid Commission for proceeding by Martial Law may be revoked, and anulled; And that hereafter no Commission 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 franchises of the Land.
All which, they humbly pray of your most excellent Majesty as their Rights of 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 in consequence, or example; And that yonr Majesty would also be gracionsly pleased for the futher 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 Re…lm, as they tender the honor of your Majesty, and the Prosperitie of this Kingdome.
To which Petition King Charles at last gave this full and satisfactory Answer: Soit droit …ait come il est desire par le Petition: that is, Let All Right be done as it is desired by the Petition. To the unspeka…ble joy of this Parliament and all his Subjects. Adding withall thereunto: I assure you my Maxim is, That the Peoples Liberties strengthen the Kings Prerogative: and that the Kings Prerogative is to defend the Peoples Liberties.
The benefit of which most excellent Law, …, and of all the precedent Parliamentary Votes, Lawes (with the present repealing, and vacating all Acts, Votes, Orders, Ordinances, Declarations, Resolutions, Iudgements, Instruments repugnant thereunto, as meerly void in Law, by the express Statutes of 25 E. 1. c. 2. 42 E. 3. c. 3. and the Petition of Right) we all now jointly and severally claim as our undoubted Birthrights, and as the Price, Crown, Trophy, Guerdon of all our late Parliamentary Counsels, expended Treasures, Bloudsheds, Wars, Victories, over the real or pretended Enemies of these our just Liberties, Franchises, Rights, Laws, and Introducers of an Arbitrary, and Tyrannicall Government repugnant thereunto (wherein many thousands of the Nobility, Gentry and Commons of the realm of chiefest rank hazarded their estates, bloud, lives in the field, as well as the Army-Officers, to preserve and enjoy the forementioned fundamental Laws, Liberties, Rights and Properties) which we hope no true-bred English Freeman or Swor…man whatsoever can have the hearts or faces to deny unto us, against all their former Protestations, Remonstrances, Vows, Oaths, Covenants, Engagements, both to God and the English Nation, for fear of being made shorter by the head, as the most perfidious Traytors, or rolled into their graves in bloud by the over-oppressed… enraged people, as the most insolent oppressing Tyrants, yea tumbled headlong into Hell flames for all eternity Soul and Body, by God himself, as the most perjured execrable Hypocrites and Impost…rs that ever Engla…d bred.
Gal. 5. 1, 13, 14, 15. Stand fast therfore in the Liberty wherewith Christ hath made us free, and be not intangled again with the yoke of Bondage. For Brethren, ye have been called unto Liberty: only use not Liberty for an occasion to the flesh, but by love serve one another. For all the Law is fulfilled in one word, even this, Thou shalt love thy Neighbour as thy self. But if ye bite and devour one another, take heed that ye be not consumed one of another.