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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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for their losses and sufferings according to promise and justice in a Parliamentary way do even against Magna Charta it self and all Justice and Conscience thus cut them off from all means and hopes of recompence or relief in a Legall way and put Cavaleers into a far better and safe condition then the faithfulest and most suffering Parliamenteers a very ingrate and unkind requital Besides we cannot but with deepest grief of soul and spirit complain that contrary to these our undoubted Rights and Priviledges many of our faithfullest Knights and Burgesses whom we duly chose to consult and vote for us in Parliament have through the malice practise and violence of divers mutinous and Rebellious Souldiers in the Army and some of their Confederates in the House without our privity or consents or without any just or legal cause for their very fidelity to their Country for things spoken done and voted in the Houses maintaining the Priviledges of Parliaments and opposing the Armies late mutinous Rebellious Treasonable and Seditious Practises been most falsly aspersed slandered impeached and forced to desert the House and Kingdom too others of them arrested and stayed by the Army and their Officers without any warrant or Authority others of them suspended the House before any Charge and Proofs against them others expelled the House and imprisoned in an Arbitrary and Illegal manner when most of the Members were forced thence by the Armies violence without any just cause at all or any witnesses legally examined face to face and without admitting them to make their just defence as they desired And that divers Lords and Members of the House of Peers have likewise been impeached of High Treason sequestred that House and committed to Custody only for residing constantly in the House and acting in and as an House of Parliament for which to impeach them of Treason is no lesse then Treason and so resolved in the Parliaments of 11. R. 2. 1. H. 1. in the case of Tresilian and his Companions when others who dis-honorably deserted the House and retired to the mutinous Army then in professed disobedience to and opposition against both Houses are not so much as questioned and all this by meer design and confederacy to weaken the Presbyterians and honest party in both Houses which were far the greatest number and enable the Independent Faction to vote and carry what they pleased in both Houses who by this Machivilian Policy and power of the Army under whose Guard and power the King both Houses City Tower Country have been in bondage for some moneths last past have extraordinarily advanced their designs and done what they pleased without any publike opposition to the endangering of all our Liberties and Estates Nay more then this we must of necessity Remonstrate 〈◊〉 the Representative body of the Kingdom and both House of Parliament by their late Seditious and Rebellious Army have not only been divers ways menaced affronted disobeyed but like wise over-awed and enforced to retract and null divers of their just Votes Declarations and Ordinances against their Judgments and Wills to passe new Votes Orders and Ordinances sent and presented to them by the Army to grant what demands and release what dangerous Prisoners they desired of them to declare themselves no Parliament and the Acts Orders and Ordinances passed in one or both Houses from the 26 of July to the 6 of August meer Nullities during the Speakers absence in the Army by a publike Ordinance then layd aside by the major votes and at last enforced to passe by a party of one thousand horse a far greater force then that of the Apprentices drawn up into Hide-Park to over-awe the Houses because the Generall and Army had voted them no Parliament and their proceedings null Since which they have in their printed Treasonable Remonstrance of the 18th of August not only protested and declared against the Members Vote● and Proceedings of both Houses both during the Speakers absence and since but likewise thus Traiterously and Rebelliously close up their Remonstrance with this protest and declaration to all the world p. 23. 24. That if any of those Members who during the absence of the Speakers and the rest of the Members of both Houses did sit or vote in the a pretended Houses then continuing at Westminster that hereafter intrude themselves to sit in Parliament before they have given satisfaction to the b respective Houses whereof they are concerning the ground of their said sitting at Westminster during the absence of the said Speakers and shall have acquitted themselves by sufficient evidence That they did not procure nor give their consent unto any of those pretended Votes Orders or Ordinances tending to the c raising and levying of a war 〈◊〉 is before falsly declared or for the Kings coming forth with to London WE CANNOT ANY LONGER SVFFER THE SAME but shal do that right to the Speakers and Members of both Houses who were * driven away to us to our selves with them d all whom the said Members have endeavoured in an hostile manner to destroy and also to the Kingdom which they endeavoured to embroyle in a new war 〈◊〉 to take some speedy and effectual course * WHEREBY TO RESTRAIN THEM FROM BEING THEIR OWN AND OVRS AND THE KINGDOMS IVDGES in these things wherein they have made themselves e parties and by this means to make War that both they and others who are guilty of and parties to the aforesaid treasonable and destructive practises and proceedings against THE FREEDOM of PARLIAMENT and Peace of the Kingdom may be brought to condign punishment and that at the judgment of A FREE PARLIAMENT consisting duly and properly of such f Members of both Houses respectively who stand clear from such apparant and treasonable breach as is before expressed Since which they have in their General Councel at Putney and in their printed Papers Voted down the House of Peers and their negative Votes prescribed the period of this present Parliament and a new model for the beginning ending Members and Priviledges of all succeeding Parliaments received and answered many publick Petitions presented to them and voted and resolved upon the question the greatest affairs of State as if they only were the Parliament and Superior Councel both of State and War voted the Sale of Bishops Deans and Chapters and Forrest Lands for the payment of their supposed Arrears notwithstanding the Commons Votes to the contrary after sundry large debates voted against the Houses sending Propositions to the King to prevent which as they first traiterously seised upon his person and rescued him out of the custody of the Commissioners of both Houses at Holdenby and ever since detained him in their power per force from the Parliament so they have lately conveyed him into the Isle of Wight and there shut him up Prisoner without the privity and contrary to the desires of both Houses All which unparaleld insolencies and treasonable
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