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A87640 The new Returna brevium or the law returned from Westminster and restored in brief to its native, antient, and proper habitation, language, power, puritie, integritie, cheapness, briefness, plainness. Rescued out of the sacrilegious hands, barbarous disguises, ænigmatical intricacies, lucrative constructions, extorted verdicts, fals judgments, & bribeful executions of her perjured impostors, fals interpreters, iailers, catchpols, attorneys, &c whereunto is added the Petition of Right, granted by Parliament in the 3 year of King Charls, and confirmed by this (although to bee found in larger volumes) for cheapness to the generalitie to inform themselvs what is their rights. Written by John Jones of the Neyath in com. Brecon Gent. Jones, John, of Neyath, Brecon. 1650 (1650) Wing J972; Thomason E1411_2; ESTC R202637 18,638 94

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That no Freeman may bee taken or imprisoned or bee disseised of his Free-hold or Liverties or his free Customs or bee outlawed or exiled or in anie manner destroyed but by the lawful Iudgment of his Peers or by the Law of the Land And in the eight and twentieth yeer of the reign of king Edward the third it was declared and enacted by autoritie of Parliament that no man of what estate or condition that hee bee should bee put out of Land or Tenements nor taken nor imprisoned nor dis-herited nor put to death without being brought to answer by due Process of Law 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 ante caus shewed and when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergo and receiv as the Court should order and their Keepers commanded to certifie the causes of their detainer no caus was certified but that they were deteined by your Majesties special command signified by the Lords of your Privie-Councel and yet were returned back to several prisons without being charged with ante thing to which they might make auswer according to the Law And whereas of late great Companies of Souldiers and Mariners have been dispersed into divers Counties of the Realm the inhavitants against their wils 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 And whereas also by autoritie of Parliament in the five and twentieth year of the Reign of King Edward the third it is declared and enacted that no man should bee fore-judged 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 bee 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 kinde soever is exempted from the proceedings to bee used and punishments to bee inflicted by the Laws Statues of this your Realm Nevertheless 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 untoritie to proceed within the land according to the Iustice of Martiall Law against such Souldiers or Mariners or other dissolute persons jeyning with them as should commit anie murther robberie felonie mutinie or other outrage or misdemeanor whatsoever and by such summarie cours and order as is agreeable to Martial Law and as is used in Armies in time of War to Proceed to the tryal and condemnation of such offenders and them to caus to bee executed and put to death according to the Law Martial By pretext whereof som of your Majesties Subjects have been by som 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 And also sundrie grievous offenders by color thereof claming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Of ficers and ministers of Iustice have unjustly refused or forborn to proceed against such offendors according to the same Laws and Statutes upon pretence that the said offenders were punishable only by Martial law and by autoritie of such Commissions as aforesaid Which Commissions and all other of like nature are wholly and directly contrarie to the said Laws and Statutes of this your Realm They do therefore humbly pray your most excellent Majestie that no man hereafter bee compelled to make or yield anie Gist Loan Benevolence Tax or such like Charge without common consent by Act of Parliament And that none bee called to make answer or take such Oath or to give attendance or bee confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Freeman in anie such manuer as is before mentioned bee imprisoned or detained And that your Majestie would bee pleased to remove the said Souldiers and Mariners and that your people may not bee so burthened in time to com And that the foresaid Commissions for proceeding by Martial Law may bee revoked and annulled And that bereaster no Commisions of like nature may issue forth to ante person or persons whatsoever to bee executed as aforesaid lest by color of them ante of your Majesties Subjects bee destroyed or put to death contrarie to the Laws and franchise of the Land All which they most humbly pray of your most Excellent Majestie as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majestie would also vouchsafe to declare that the Awards doings and proceedings to the prejudice of your people in anie of the premisses shall not bee drawn hereafter into consequence or example And that your Majestie would bee also graciously pleased for the further comsort and saretie of your people to declare your Royall will and pleasure That in the things aforesaid all your Officers and Ministers shall serv you according to the Laws and Statutes of this Realm as they tender the Honor of your Majestie and the prosperitie of this Kingdom Which Petition beeing read the second of June 1628. the Kings Answer was thus delivered unto it THe King willeth that Right bee don according to the Laws and Customs of the Realm And that the Statutes bee put in due Execution that His Subjects may have no caus to complain of anie wrong or oppressions contrarie to their just Rights and Liberties To the preservation whereof Hee hold's Himself in conscience aswel obliged as of his Prerogative But this Answer not giving satisfaction the King was again petitioned unto that hee would give a full and satisfactorie Answer to their Petition in full Parliament Whereupon the King in person upon the seventh of June made this second ANSVVER My Lords and Gentlemen THe answer I have alreadie given you was made with so good deliberation and approved by the Judgments of so manie wise men that I could not have imagined but that it should have given you full satisfaction but to avoid all ambiguguous interpretations and to shew you that there is no doubleness in my meaning I am willing to pleas you in words as well as in substance Read your Petition and you shall have an answer that I am sure will pleas you And then causing the Petition to bee distinctly read by the Clerk of the Crown The Clerk of the Parliament read the Kings Answer thereto in these words *