Source.—Somers, Tracts. Vol. iv., p. 117.

Whereas it is declared and enacted by a statute made in the time of the reign of King Edward I., commonly called Statutum de 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 freemen of the commonalty of this realm; and by authority of the Parliament holden the five and twentieth year of the reign of King Edward III., it is decreed and enacted: that from henceforth no person should be compelled to make any loans to the King against his will, because such loans were against reason, and the franchise of the land. 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 aforementioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom that they should not be compelled to contribute to any tax, tallage, or other the like charge, not set by common consent in parliament.

Yet nevertheless of late, divers commissions directed to sundry commissioners in several counties with instructions, have issued, by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and [some] of them, upon their refusal so to do, have had an oath administered unto them, not warrantable by the laws 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 levied upon your people in several counties, by lord lieutenants, deputy lieutenants, commissioners for musters, justices of the peace, and others by command of or direction from your majesty, or your privy council, against the laws and free customs of the realm.

And whereas by the Statute called the Great Charter of the Liberties of England, it is declared and enacted, that no freeman 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 destroyed, but by the lawful judgment of his peers or by the law of the land.

And in the eight and twentieth year of the reign of King Edward III., it was declared and enacted by the authority of Parliament that no man of what estate or condition that he be, should be put out of his lands or tenements, nor taken, nor imprisoned, nor disherited, nor put to death, without being brought to answer by the process of law.

Nevertheless, against the tenour 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 any cause shewed. And when for their deliverance they were brought before your 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 cause 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 anything to which they might make answer according to law.

And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm; and the inhabitants, against their wills, 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 authority of Parliament in the 25th year of Edward III. it is declared and enacted, that no man should be forejudged of life or limb against the form of Magna Charta, 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 be adjudged to death, but by the laws established in this realm, either by the customs of the said realm, or by acts of parliament. And whereas no offender of what kind soever is exempted from the proceedings to be used, or punishments to be inflicted by the laws and statutes of this your realm: Nevertheless divers commissioners under your Majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners, with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanour 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 proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.

By pretext whereof, some of your Majesty's subjects have been by the said commissioners put to death, when and where, if by the laws and statutes of the realm 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 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 forborne to proceed against such offenders, according to the same law and statutes, upon pretence that the said offenders were punishable only by martial law, and by authority of such commissioners as aforesaid. Which commissioners and all other of like nature are wholly and directly contrary to the said laws and statutes of this your realm.

They do therefore humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any gift, or loan, benevolence, tax, or such like charge, without common consent by act of parliament. And that none be called to make answer, or to 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 burdened in time to come. And that the foresaid commissioners 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....