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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
first seised and those Agitators who lately intended violence to his Royall Person and Life may be apprehended and proceeded against 6. That the imprisoned Aldermen and Citizens of London may be forthwith enlarged restored and repayred and the repealed Ordinance for their new Militia revived the Tower of London put into the Citizens hands as formerly and firm Reconciliation made between the City and both Houses 7. That the Isle of Wight and all Garrisons by Land and the Navy by Sea may be put into the command and custody of those who enjoyed them by Votes and Orders of both Houses before the 26 of July last past unless just exemptions can be taken to any of them by the Houses 8. That all Votes and Ordinances formerly made and repealed only by the menaces and over-awing power of the Army may be revived and all new Votes and Ordinances made by their threats and violence when divers Members were driven away by their terror repealed and made voyd especially that Ordinance for nulling all Proceedings in Parliament during the Speakers wilful absence at least five times layd aside by Vote of the House Commons and forced to pass by a particular menacing Remonstrance from Sir Thomas Fairfax and the Army and a party of a thousand Horse drawn up in Hide-Parke to over-awe the Houses besides an armed Guard then standing at their doors 9. That the true grounds of the Speakers and other Members deserting the Houses and repairing to the Army and their entering into an Engagement to the Army may be fully examined and what Members subscribed their names thereto and who of them that sate in the Houses at any time during the Speakers absence in the Army 10. That all recruited Soldiers in the Army entertained since the taking in of Oxford may be presently disbanded without pay the residue reduced only to five or six thousand and none to be continued but such who have taken the Solemn League and Covenant and shal be sworn to be obedient to both Houses commands 11. That no Free-quarter shal from henceforth be taken by any Officer or Soldier in any Gentlemans Husbandmans Ministers Merchants or Tradesmans House without his free consent and pay duly for the same under pain of death unless in a March for one night or two upon special service when no other quarters can be procured but only in Inns Alehouses and common Victualing Houses And that no Troopers Horses may be allowed Oats or Provender whiles they lie stil and are out of actual service 12. That all Commissions for Martial Law may be revoked and all Soldiers for all Misdemeanors and offences punishable by Law made and declared to be subject to the Jurisdiction and power of the Judges of Assise Justices of Peace and chief Officers in any County and City and liable to arrests and executions for their just debts and other Actions at the common Law 13. That the Tax for sixty thousand pound a moneth for the Armies pay may be wholy remitted and taken off us and a moderate Assessment only laid on the Kingdom for the necessary relief of Ireland and pay of such few Soldiers as shal be necessary to continue til the wel-affected in each County be put into a posture to defend it self and the Kingdom 14. That Lieut. General Cromwel Commissary Ireton and other Members of the House of Commons residing in the Army and the Councel of War and Agitators who compiled and drew up the late insolent and Treasonable Remonstrances and Representations to both Houses especially that of the fifth of this instant December may be forthwith apprehended and impeached of High Treason of which they are far more guilty then any Members or Citizens formerly accused or impeached by their means out of the ruines of whose estates they desire the satisfaction of their own pretended Arrears 15. That the General and Army together with the Councel of War Officers and Soldiers of the Army may be presently sent to and give an answer to both Houses whether they continue together as an Army by vertue of any Commission and Authority derived from the Houses only and if so to take an Oath to be obedient to all their just Commands or else keep together in a body only by their own private Engagement and Authority as a pretended cal from the people as John Lilburn in late printed Papers affirmes they do which if really true we can repute them no other but a most riotous Assembly of Rebels and Traitors against King Kingdom and Parliament and their taking of free quarter on us against our wils no better then Burglary and Felony for which they ought to suffer death 16. That the extraordinary dammages the Kingdom City and Country have sustained by free quarter and loss of trade through the Armies refusal to disband and late recruits contrary to the Votes of both Houses for their disbanding which dammages amount to above twenty times their pretended Arrears may be satisfied out of their Arrears as far as they wil go to be totally struck off for that purpose and the residue out of the estates of such Officers and others who have been the chief instruments of continuing and recruiting the Army and free quartering them neer the City and consequently the original causes of these damages The rather because it is Sir Thomas Fairfax and the Councel of the Armies own Law and Justice in their Arrogant Representation to the Houses Decem. 7. 1647. p. 21. where they thus declare their desires Yet now IN JUSTICE we cannot but desire that besides the levying of the Cities Arrears at last for which we have been put to stay so long there may now likewise be SOME REPARATION thought on from the City to the parts adjacent for abeve one hundred thousand pounds damage through the ARMIES attendance here on the Cities defaults and delays which reparation we if necessitated thereunto or called upon by the Country must in their behalf demand from the City to the ful and now also the rather in order to that we must earnestly desire that the proceedings against those Citizens and others lately impeached may be hastned and out of their fines or confiscations SOME PART OF REPARATION MAY BE MADE TO THE COUNTRIES ADJACENT FOR THE AFORES AID DAMAGES which the crimes of those persons they should have said the Rebellion and Disobedience of the Officers and Army to both Houses did first bring upon them c. And what reparation of Damages they thus prey from others who are innocent and no causes of them is just they should first make themselves being the real Authors thereof by their own confession All which we humbly pray as our just Rights and Liberties in our own and the whole Kingdoms behalf who shal by Gods assistance with our Lives and Fortunes resolutely maintain and defend his Majesties Person and lawful Power the Ancient Priviledges and Freedom of Parliament and our own unquestionable Rights Properties and Franchises according to our Solemn Vow and Covenant against all Encroachments Powers and private Factions whosover for the honor benefit and safety of us and our posterities and wil no longer suffer the King Parliament City Country and Kingdom to be enslaved and trambled upon by a dangerous and perfidious Combination of self-ended men who endeavor nothing but to advance themselves by our publick ruines and confusions FINIS a So they term them b To wit the fug●tive Members who withdrew unto engaged with the Army and by their engagement are made parties incompetent Iudges c No it was only for their own just defence against the Armys force rebellious reproaches against them * They ran away before they were driven might have set on the said day as wel as others without disturbance as they did the very next morning after the tumult d A detestable Parenthesis and horrid scandal * This is their maintenance of the Parliaments Priviledges freedom the Liberty of Conscience the Army contends for e This disables all your fugitive Members f Those who treacherously fled to you brought you up against the City and signed your Engagement are no such Members but ingaged Parties
Declarations and Protestations and in the Solemn League and Covenant oft times promised and seriously vowed and covenanted in the presence of Almighty God inviolably to maintain and preserve the same and to bring the Infringers of them to condign and exemplary punishment and have engaged all the wel-affected Free-born people of England by like solemn Protestations Leagues and Covenants to maintain and defend the same with their lives and estates And therefore we at this present not only humbly desire but also require both the said Houses and every Member of them even in point of Justice Right Duty and Conscience not of favor or indulgence inviolably without the least diminution to maintain defend and preserve these our Hereditary Rights and Liberties intailed on us and our posterities by so many Statutes confirmed and ratified by such a multitude of late Declarations Protestations Remonstrances Vows and Solemn Covenants wherein they have mutually engaged us together with themselves and for the preservation wherof against the Kings Malignant Counsellors and Forces and Party now totally subdued have of late years put us and the whole Kingdom to such a vast expence of Treasure and Gallant English blood and likewise pray their publick Declaration against and exemplary Justice upon the present open professed Invaders and Infringers of them in a more superlative degree then ever heretofore For not to enumerate the manifold Encroachments on and Violations of these our undoubted Priviledges Rights and Franchises by Members Committees and all servants of persons military and civil imployed by both Houses during the late uncivil Wars occasioned the inevitable Law of pure necessity all which we desire may be buried in perpetual oblivion we cannot but with weeping eys bleeding hearts complain remonstrat to your honors that contrary to these undoubted rights Priviledges and Franchises many of us who have always stood wel-affected to the Parliament and done and suffered much for it have partly through the power malice and false suggestions either of some Members of both Houses who have born a particular speen against us but principally through the malice and oppression of divers City and Country-Committees Governors Officers Souldiers and Agents imployed by Parliamentary Authority been most injuriously and illegally imprisoned sequestered plundered put out of our Offices Benefices Livings Lands Free-holds enforced to send divers sums of money without any Act or Ordinance to take unlawful Oaths enter into bonds to make appearance and give attendance upon severall persons and Committees both in the Country London Westminster and other places for divers moneths together and have been confined restrained and sundry other ways oppressed molested and disquieted and utterly ruined of which when we have complayned to the Houses we can find either no Redress at all or such slender and slow relief as is as bad or worse then none at all And when we have sought our Enlargement from our unjust imprisonments in a Legal way by writs of Habeas Corpora in the Kings Courts our Keepers have either refused to obey them or to certifie the causes of our detainer or else have certified generally that we were detained by order or command of one or both Houses or of some Committees or Members of Parliament whereupon we have been remended to our respective prisons without being charged with any particular offence to which we might make answer according to Law And if we seek to right our selves against those who have thus unjustly and maliciously imprisoned oppressed plundered and disseised us of our Free-holds Lands and Goods by actions of false imprisonment Trespass Trover Assise or the like at the Common Law which is our Birthright These Members and their Servants who have injured and ruined us plead exemption from our suits by reason of their Priviledges so as we neither can nor dare to sue them and Committee-men and others when we sue them for any injuries Trespasses or oppressions by Land or Sea plead the Ordinances of Indempnity to justifie their most unjust and exorvitant actions warranted by no Law nor Ordinance whatsoever and by colour thereof stay both our Judgments and Executions at Law after verdicts given against them for our relief and force us to travail from all parts of the Kingdom unto Westminster and there to dance attendance upon Committees of Indempnity and the like for many weeks and moneths til they enforce us to spend more then the dammages we justly recovered and to release our just Actions and Executions at the last contrary to our just Rights and Priviledges the expres● Letter of Magna Charta We will deny we wil deferr right and justice to no man And to the very purport of the Ordinances of Indempnity which never intended to exempt any Committees or other Officers Agents Souldiers or Sea-men imployed by the Houses from any unjust or injurious actions done out of private malice or for private ends or lucre without besides or against all Ordinances or from any gross abuses of their power and trust to the peoples prejudice and oppression all which are now patronized and maintained by pretext thereof but only to secure them from unjust vexations and suits for what they sincerely acted for the publike good according to their trust and duties And which is yet more sad and dolefull the very greatest Malignants who have been most active against the Parliament and for our good affections and service to it have burnt down much of our Houses seized upon our goods and estates imprisoned beaten wounded and mained our persons imposed heavy taxes on us indicted us of high Treason for bearing Armes in the Parliaments defence and enriched themselves with our spoyles and estates by colour of the Articles of Oxford Exeter Winchester and the like exempt themselves from our Actions and Arrests stay our Judgments and Executions after our expence in suits and Recoveries at the Law when we have received not one quarter of the damages we sustained by them by verdict and tryall and summon us from all parts of the Kingdom to appear and wait for divers weeks before the Committe of Complaints at Westminster to our intolerable vexation and expence where they find more friends and favour commonly then we and force us to release both our damages and costs of suit to our utter undoing The very extremity both of Injustice and ungratitude which makes Malignants to insult and triumph over us out of whose estates we wer by divers Remonstrances and Declarations of both Houses promised full satisfaction for all our losses and sufferings in the Parliaments cause who are now on the contrary thus strangely protected against our just suits against them for our sufferings by them and are promised a general act of Indempnity and oblivion as we hear to secure themselves for ever against us whom they have quite undone which if obtained wil break all honest mens herats and discourage them ever hereafter to act or suffer any thing for the Parliament who insteed of recompencing them
danger as the other faithful Members did and to which they might safely have returned without the strength of the whole Army to guard them And to add to our pressures and afflictions this godly religious Army of disobedient Saints who pretend only our Liberty and Freedom from Tyranny Taxes and Oppression demand not only this new heavy monethly Tax and the remainder of Bishops and all Deans and Chapters and Forrest Lands in the Kingdom and Corporation stocks for their Arrears which if cast up only during the time of their actual service til the time they were voted and ordered to disband wil prove very smal or little their free-quarter exactions and receipts for the Parliament and Country being discompted but which is our forest pressure do violently enter into our Houses against our wils and there lie in great multitudes many weeks and moneths together til they quite ruine and eat out both us our families stocks and cattel with their intolerable Free quarter and that in these times of extraordinary dearth and scarcity for which they raise and receive of us of late twice or thrice as much as their whole pay amounts unto devouring like so many Locusts and Caterpillars all our grass hay corn bread beer fewel and provisions of all sorts without giving us one farthing recompence and leaving us our wives children families cattel to starve and famish the very charge of their free-quarter besides their insufferable insolencies and abuses of all sorts amounting in many places to above six times or in most places to double or treble our annual Revenues Besides the abuses in their quartering are insufferable Many of them take and receive money for their quarters double or treble their pay from two or three persons at once and yet take Oats and other provisions from them besides or free-quarter upon others Some of them demand and receive free-quarter in money and provisions the double or treble the number of their Troops and Companies Others take free-quarter for their wives truls boys and those who were never listed Others of them wil be contented with none but extraordinary diet wine strong beer above their abilities with whom they quarter thereby to extort money from them and if an complain of these abuses he is sure to be relieved with an addition of more and more unruly quarterers then he had before If they march from their quarters to any randezvouz or to guard the Houses they must have victuals and money too til their return Divers of the Troopers and Dragooners must have quarter for two or three horses a peece which must have at least a peck of corn or more every day though they lye still both Winter and Summer their 7200 Horse and 1000 Dragoons devouring above two thousand bushels of corn besides grass hay and straw every day of the week and this time of dearth when the poorer sort are ready to starve for want of bread In brief the abuses of free quarter are innumerable and the burthen of it intollerable amounting to three times more then the whole Armies pay who are doubly payd all their pretended Arrears in the money provisions they have received only for freequarter upon a just account and therfore have litle cause to be so clamorous for their pretended Arrears from the State who have received double their Arrears of us and yet pay us not one farthing for all our Arrears for quarters when they receive their pay Which free quartering we do now unanimously protest against as an high Infringement of our Hereditary Rights Liberties Properties and Freedom and contrary to Magna Charta the Petition of Right and warranted by no express Ordinance of Parliament now the Wars are ended and the Army long since voted to disband and such an excessive oppression and undoing heart-breaking vexation to us that we neither can nor are any longer able to undergo it And therefore we humbly pray and desire this of both Houses of Parliament as our unquestionable Liberty and Birth-right of which they cannot in justice deprive us without the highest treachery tyranny perjury and injustice that all these forementioned Grievances and unsupportable Pressures under which we now groan and languish may be speedily and effectually redressed without the least delay to prevent a generall Insurrection of oppressed and discontented people whose patience if any longer abused we fear wil break out into unappeasable fury and by their publike votes and Remonstrances to declare and order for our general satisfaction and ease 1. That no Habeas Corpus shall be denyed to any free Subject imprisoned by any Committe whatsoever or by any Officers or Agents of Parliament and that any such person shal be bayled and discharged by the Keepers of the Great Seal in vocation time of the Judges in the Term upon an Habeas Corpus if no legal cause of commitment or continuance under restraint shal be returned 2. That every person who hath been wel-affected to the Parliament may have free liberty to prosecute his just remedy at Law against every Member of Parliament Committee-man Officer or Agent imployed by the Parliament who hath maliciously or injuriously imprisoned beaten sequestred plundred or taken away his money or goods or entered into his bounds and possessions contrary to Law and the Ordinances of Parliament and the power and trust committed to him notwithstanding any priviledg or the Ordinances or any Orders made for their Indempnity which we humbly conceive were only made to free those who acted for the Parliament from unjust suits and vexations for acting according to their duties and not exempt any from legal prosecutions for apparent unjust malicious and oppressive actions and abuses of their trust and power 3. That no wel affected person may be debarred from his just and legal actions against Malignants in Commission or Arms against the Parliament who have imprisoned plundered and abused them for their adhering to the Parliament by colour or pretext of any Articles Surrender made by the General or any other or by any future Act of Oblivion so as they prosecute their Actions within the space of 3 years next ensuing and that the Committee of Complaint may be inhibited to stay any such proceedings such Judgments or Executions as prejudicial to the Parliament and injurious to their suffering friends 4. That all Members of either House of Parliament lately suspended imprisoned impeached or ejected by the Armys menaces and violence without legall tryall may be forthwith enlarged restored and vindicated and both Houses and their Members righted and repayred against all such who have violated their Priviledges and Freedom and freed from the guards and power of the Army 5. That the Kings person may be forthwith delivered up by the Army into the Custody and possession of both Houses under pain of high Treason in any who shall detain him from them that so a firm speedy peace may be established between him and his people for their comfort And Cornet Joyce who