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A91239 The petition of right of the free-holders and free-men of the kingdom of England: humbly presented to the Lords and Commons (their representatives and substitutes) from whom they expect a speedy and satisfactory answer, as their undoubted liberty and birth-right. Prynne, William, 1600-1669. 1648 (1648) Wing P4029; Thomason E422_9 14,940 23

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THE PETITION OF RIGHT OF THE FREE-HOLDERS and FREE-MEN OF THE KINGDOM OF ENGLAND Humbly presented to the Lords and Commons their Representatives and Substitutes from whom they expect a speedy and satisfactory Answer as their undoubted Liberty and Birth-right Printed in the Year 1648. THE PETITION OF RIGHT OF THE Free-holders and Free-men OF THE Kingdom of England In all humbleness shew unto the Lords and Commons now in Parliament assembled THat whereas the Lords Spiritual and Temporal and Commons in Parliament assembled in the third year of his Majesties reign that now is did in their most famous Petition of Right among other things claim these ensuing as their and our undubitable Rights and Liberties according to the Laws and Statutes of this Realm viz. That no Free-man in England should be compelled to contribute to make or yeeld any Gift Loan or Benevolence Tax Tallage or other such like charge without common consent by Act of Parliament That no Free-man may be taken or imprisoned or disseised of his Free-hold or Liberties or free Customs or be out-lawed or exiled or in any manner destroyed or be adjudged to death but by the Lawful Judgment of his Peers by the Law of the Land and due process of Law That the quartering of Soldiers and Mariners in any Freemens houses against their wils and compelling them to receive them is against the Laws and Customs of this Realm and a great grievance and vexation of the people Notwithstanding the Commons in this present Parliament in their Remonstrance of the State of the Kingdom 15 Decemb. 1641. published to all the Kingdom That the charging of the Kingdom with billeted Soldiers complained of in the Petition of Right as aforesaid and the Concommitant Design of German Horse that the Land might either submit with fear or be inforced with rigor to such ARBITRARY CONTRIBVTIONS as should be required of them was a product and effect of the Jesuited Councels of Iesuites Papists Prelates Courtiers and Counsellors for private ends And therefore not to be approved or endured in themselves or in any Officers or Soldiers under their command raised purposely to defend and not invade our just Rights and Properties especially since the Wars determination in this Realm since they desire in that Remonstrance That all Sheriffs Iustices and other Officers be sworn to the due execution of the Petition of Right and those Laws which concern the Subject in his Liberty And that all Commissioners for the executing and putting of men to death by Martial Law except only in Armies in time of War are wholy and directly contrary to the Laws and Statutes of this Realm And did in their said Petition grievously complain That by means of divers Commissions directed to sundry Commissioners in several Counties his Majesties people have been in divers places assembled and required to lend certain sums of Money to his Majesty pretended for the publick safety and many of them upon their refusal so to do have had an Oath tendred to them not warrantable by the Laws and Statutes of this Realm and been constrained to become bound to make appearance and give attendance before the Privy Councel and in other places and other of them have been therefore imprisoned censured and sundry other ways molested and disquieted and divers other Charges have been layd and levyed on the people in several Counties by Lord Lieutenants Deputy Lieutenants Commissioners for Ministers Justices of Peace and others against the Laws and free Customs of this Realm And that divers Subjects have of late been imprisoned without any cause or any just or lawful cause shewn and when for their deliverance they were brought before his Majesties Justices by Writs of Habeat Corpora there to undergo and receive as the Court should order and their Keepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by his Majesties special command signified by the Lords of his Privy Councel and yet were returned back to several prisons without being charged with any thing to which they might make answer according to the Law And that of late great companies of Soldiers and Mariners have been dispersed into divers Counties of the Realm and the inhabitants 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 to the great grievance and vexation of the people And that divers Commissions under the great Seal had been granted to proceed according to Martial Law against Soldiers Mariners and others by colour and pretext whereof some of his Maiesties Subiects had been illegally put to death and executed And also sundry grievous offendors by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this Realm by reason that divers Officers and Ministers of Justice have uniustly refused or forborn to proceed against such Offendors according to the said Laws and Statutes upon pretence that the said Offenders were punishable by Martial Law and by Authority of such Commissions as aforesaid And therefore they did then in their said Petition most humbly pray his most Excellent Maiesty that no man hereafter be compelled to make or yeeld 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 censured or otherwise molested or disquieted concerning the same or the refusal thereof And that no Free-man in any such manner as is before mentioned be imprisoned or detained And that his Maiesty would be pleased to remove the said Soldiers and Mariners and that his people may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoked recalled and annulled And that hereafter no Commissions of the like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of his Maiesties Subiects be destroyed or put to death contrary to the Laws and Franchises of the Land All which they then most humbly prayed of his Maiesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that his Majesty also would vouchsafe to declare that all the awards doings and proceedings to the preiudice of his people in any of the premises shal not be drawn hereafter into consequence or example To all which the King then fully condescended and gave this royal Answer in Parliament Let Right be done as is desired These undoubted Rights Franchises and Liberties and that our Knights and Burgesses ought to enioy their ancient Priviledges and Freedom and to be present at all binding Votes and Ordinances we do here claim and challenge as our Birth-right and Inheritance not only from his Maiesty but from both the Houses of Parliament now sitting who have in sundry printed Remonstrances