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N. B.-After the Name of each Pursuer and Defender let the letter P.or A. be added, in order to mark whether the party was present or

absent when the cause was called'; let expences be also entered under the head of “ Interlocutors.

c. 55. 10 Geo. IV. No.XXXIV.

PART IV.

CLASS XVII.

Statutes relating to Personal Liberty. [ No. I. ] 9 Henry III. c. 29.–None shall be condemned

without trial. Justice shall not be sold or deferred. 9 H. 111. c. 29. : Nrfreeman shall be taken, or imprisoned, or be disseised of his

any otherwise destroyed : nor will we not puss upon him nor condemn him,(1) • but by lawful judgment of

peers, or by law of the land. We will sell • to no man, we will not deny, or defer, to any man, either justice or right.'

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[ No. II. ] 3 Charles I. c. 1.-The Petition exhibited to

his Majesty by the Lords_Spiritual and Temporal, and Commons, in this present Parliament assembled, concerning divers Rights and Liberties of the Subjects, with the King's Majesty's Royal Answer thereunto in full Parliament.

To the King's most excellent Mlujesty. 3 Charles I.

the c.l.

ritual and Temporal, and Commons, in Parlianieut assembled, The Petition " That whereas it is declared and enacted by a statute made in the time of Rigbt. • of the reign of King Edward the First, commonly called statutum de 34 Ed. 1. st. 4. ( tallagio non concedendo, That no tallage or aid shall be laid or levied by

• the King or his heirs in this realm, without the good will and assent of

• the archbishops, bishops, earls, barons, knights, burgesses, and other the 25 Ed. 3. st. 1. • freemen of the commonalty of this realm; and by authority of Parlia,

• ment holden in the five and twentieth year of the reign of King Edward 1 Ed. 3, st. 2. • the Third, it is declared and enacted, 'That from henceforth no person c. 6.

should be compelled to make any loans to the King against his will, 11 R. 2. c. 9.

« because such loans were against reason and the franchise of the land: 1 R. 3, c. 2.

• and by other laws of this realm it is provided, That none should be
• charged by any charge or imposition called a benevolence, nor by such
• like charge: By which the statutes before mentioned, and other the good
• laws and statutes of this realm, your subjects have inherited this free-
• dom, That they should not be compelled to contribute to any tax, tallage,
aid, or other like charge, not set by common consent in Parliament,
. ll. Yet nevertheless, of late divers commissions directed to sundry
commissioners in several counties with instructions, have issued; by

c. 1.

c. 6.

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(1) The words above, marked in Italics, do • the King's suit, either before the King in by no means express the sense of the original. his Bench, where the pleas are coram rege, The two verbs ibimus and mittemus evidenily • (and so are the words nec super eum ibimus, stand in contradistinction to each other, and ' to be understood) nor before any other comare indeed much easier expounded than trans- missioner or judge wbatever (and so are the lated; therefore, we cannot do better than re- ' words nec super eum mittemus, to be uncur to Lord Coke's expusition, which is as • derstood.') - Note to Rutthead's Edition of follows:- No mau shall be condemned at the Statutes.

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means whereof your people have been in divers places assembled, and No. II.
' required to lend certain sums of money unto your Majesty, and many 3 Charles I.
* of them, upon their refusal so to do, have had an oath administered

c. 1.
* unto them not warrantable by the law or statutes of this realm, and
• have been constrained to become bound to make appearance and give
'attendance before your privy, council and in other places, and others
• of them have been therefore imprisoned, confined, and sundry other
'ways 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
• council, against the laws and free customs of the realm.

. III. And where also by the statute called " The Great Charter of the 9 H. 3. st. 1.
• Liberties of England," 'it is declared and enacted, That no freeman c. 29.
'may be taken or imprisoned, or be disseised of his freehold or liberties,
• or his free customs, or be outlawed or exiled, or in any manner de-
stroyed, but by the lawful judgment of his peers, or by the law of the
land.
• IV. And in the eight and twentieth year of the reign of King Edward 28 Ed. 3. c. 3.
'the Third, it was declared and enacted by authority of Parliament,
* That no man, of what estate or condition that he be, should be put

out of his land or tenements, nor taken, nor imprisoned, nor dis-
herited, nor put to death, without being brought to answer by due
process of law :
• V. Nevertheless against the tenor of the said statutes, and other the 37 Ed. 3. c. 18.
good laws and statutes of your realm to that end provided, divers 38 Ed. 3. st. 2.
of your subjects have of late been imprisoned without any cause

c. 9.
shewed ; and when for their deliverance they were brought before your 17 R. 2. c. 6.

42 Ed. 3. c. 3. justices by your Majesty's writs of habeas corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that

they were detained by your Majesty's special command, signified by • the Lords of your privy council, and yet were returned back to several

prisons, without being charged with any thing to which they might • make answer according to the law.

• VI. And whereas of late great companies of soldiers and mariners • bave been dispersed into divers counties of the realm, and the inhabit. "ants against their wills have been compelled to receive them into their • huuses, and there to suffer them to sojourn, against the laws and cus'toms of this realm, and to the great grievance and vexation of the people :

Vii. And whereas also by authority of Parliament, in the five 25 Ed. 3. st. 5. and twentieth year of the reign of King Edward the Third, it is declared c. 4. and enacted, That no man should be forejudged of life or limb against 9 H. 3. st. 1. * the form of the Great Charler and the law of the land ; and by the said c: 29. • Great Charter and other the laws and statutes of this your realm, no

25 Ed. 3. st. 5. man ought to be adjudged to death but by the laws established in this

28 Ed. 3, c. 3. your realm, either by the customs of the same realm, or by Acts • of Parliament: And whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be in

flicted by the laws and statutes of this your realm: Nevertheless of late
• time divers commissions under your Majesty's great seal have issued
• forth, by which certain persons have been assigned and appointed com-

missioners, with power and authority to proceed within the land, ac-
'cording to the justice of martial law, against such soldiers or mariners,

or other dissolute persons joining with them, as should commit any
'murther, robbery, felony, mutiny or other outrage or misdemeanor

whatsoever, and by such summary course and order as is agreeable to
'martial law, and as is used in armies in time of war, to procced to the
• trial and condemnation of such offenders, and them to cause to be exe-
*cuted and put to death according to the law martial.

VIII. By pretext whereof some of your Majesty's subjects have been
.by some of the said commissioners put to death, when and where, if

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No. II. by the laws and statutes of the land they had deserved death, by the 3 Charles I. same laws and statutes also they might, and by no other ought to have

• been judged and executed : c. 1.

* IX. 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 divers of your officers • and ministers of justice have unjustly refused or forborn to proceed against such offenders according to the same laws and statutes, that

upon pretence the said offenders were punishable only by martial law, • and by authority of such commissions as aforesaid: Which commis*sions, and all other of like nature, are wholly and directly contrary to

• the said laws and statutes of this your realm : The Petition. X. They do therefore humbly pray your most excellent Majesty, 25 Ed. 1. st. 1. That no man hereafter be compelled to make or yield any gift, loan, c. 6.

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 confined, or otherwise molested or disquieted concerning the same, or for refusal thereof; and that no freeman, in any such manner as is before-mentioned, be imprisoned or detained ; and that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burthened in time to come ; and that the aforesaid commissions, for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions 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 Majesty's subjects be destroyed, or put to death contrary to the laws and franchise of the land.

XI. All which they most humbly pray of your most excellent Majesty as their rights and 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 into consequence or example ; and that your Majesty would be also graciously pleased, for the further 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 realm, as they tender the honour of your Majesty, and the prosperity of this kingdom. Qua quidem petitione lecta & plenius intellecta per dictum Dominum Regem taliter esl responsum in pleno Parliamento, viz. Soit droit fait comme est desiré.

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tutes.

[ No. III. ] 16 Charles I. c. 10.-An Act for the regu.

Jating of the Privy Council, and for taking away the

Court commonly called the Star-Chamber. 16 Charles I.

WHEREAS by the Great Charter many times confirmed in Parliac. 10.

ment, it is enacted, That no freeman shall be taken or impriRecital of Mag- «soned, or disseised of bis freehold or liberties, or frec customs, or be na Charta and

"outlawed or exiled or otherwise destroyed, and that the King will not several sta

pass upon him, or condemn him, but by lawful judgment of his peers,

or by the law of the land : And by another statute made in the fifth 9 H. 3. st. 1. year of the reign of King Edward the Third, it is enacted, That no c. 29.

man shall be attached by any accusation, nor forejudged of life or limb, 5 Ed. 3. c. 9. 3 H. 7. c. 1.

. nor his lands, tenements, goods nor chattels seized into the King's

• hands, against the form of the great charter, and the law of the land : 25 Ed. 3. st. 5. • And by another statute made in the five and twentieth year of the reign of C. 4.

• thesame King Edward the Third, it is accorded, assented and established, • That none shall be taken by petition or suggestion made to the King, or * to his council, unless it be by indictment or presentment of good and law'ful people of the same neighbourhood where such deeds be done, in due manner or by process made by writ original at the common law, and that none be put out of his franchise or freehold, unless he be duly

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• brought in to answer, and forejudged of the same by the course of the No. III. • Jaw, and if any thing be done against the same, it shall be redressed 16 Charles I. * and holden for none ; And by another statute made in the eight and

c. 10. • twentieth year of the reign of the same King Edward the Third, it is 'amongst other things enacted, That no man of what estate or condition soever he be, shall be put out of his lands or tenements, nor taken, nor 28 Ed. 3. c. 3.

imprisoned, nor disinherited, without being brought in to answer by * due process of law : And by another statute made in the two and forti. . eth year of the reign of the said King Edward the Third, It is enacted, 42 Ed. 3. c. 3.

That no man be put to answer, without presentment before justices, or * matter of record, or by due process and writ original, according to the

old law of the land, and if any thing be done to the contrary, it shall • be void in law, and holden for error : And by another statute made in • the six and thirtieth year of the same King Edward the Third, It is 36 Ed. 3. c. 15. * amongst other things enacted, That all pleas which shall be pleaded in * any courts before any the King's justices, or in his other places, or be

fore any of his other ministers, or in the courts and places of any other · lords within the realm, shall be entered and enrolled in Latin : And • whereas by the statute made in the third year of King Henry the 3 H. 7. c. 1. • Seventh power is given to the Chancellor, the Lord Treasurer of Eng.

land for the time being, and the Keeper of the King's Privy Seal, or * two of them, calling unto them a bishop and a temporal lord of the • King's most honourable council, and the two chief justices of the • King's Bench and Common Pleas for the time being, or other two jus* tices in their absence, to proceed as in that Act is expressed, for the * punishment of some particular offences therein mentioned: And by the • statute made in the one and twentieth year of King Henry the Eighth, 21 H. 8. c. 20. * the president of the council is associated to join with the Lord Chan• cellor and other judges in the said statute of the third of Henry the • Seventh mentioned; but the said judges have not kept themselves to * the points limited by the said statute, but have undertaken to punish * where no law doth warrant, and to make decrees for things having no * such authority, and to inflict heavier punishments than by any law is warranted.

• II. And forasmuch as all matters examinable or determinable before All matters exthe said judges, or in the court commonly called the Star-Chamber, aminable in the may have their proper remedy and redress, and their due punishment Star Chamber, and correction, by the common law of the land, and in the ordinary may be examina course of justice elsewhere; and forasmuch as the reasons and motives able and reinducing the erection and continuance of that court do now cease ; dressed by the * and the proceedings, censures and decrees of that court, have by ex

common law, 'perience been found to be an intolerable burthen to the subjects, and the means to introduce an arbitrary power and government; and forasmuch as the council-table hath of late times assumed unto itself a * power to intermeddle in civil causes and matters only of private interest between party and party, and have adventured to determine of

the estates and liberties of the subject, contrary to the law of the • land and the rights and privileges of the subject, by which great and • manifold mischiess and inconveniences have arisen and happened, and

much incertainty by means of such proceedings hath been conceived • concerning men's rights and estates ;' for settling whereof, and preventing the like in time to come,

III. Be it ordained and enacted by the authority of this present Par- Court of Star liament, That the said court commonly called the Star-Chamber, and all Chamber, and jurisdiction, power and authority belonging unto, or exercised in the all its powers, same court, or by any the judges, officers or ministers thereof, be from dissolved. the first day of August in the year of our Lord God, One thousand six hundred forty and one, clearly and absolutely dissolved, taken away and determined ; and that from the said first day of August neither the Lord Chancellor, or Keeper of the Great Seal of England, the Lord Treasurer of England, the keeper of the King's Privy Seal, or president of the council, nor any Bishop, Temporal Lord, Privy Counsellor or Judge, or justice whatsoever, shall have any power or authority to hear,

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