The Leading Facts of English History Part 72

THE PEt.i.tION OF RIGHT

June 7, 1628

The Pet.i.tion exhibited to His Majesty by the Lords Spiritual and Temporal, and Commons in this present Parliament a.s.sembled, 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 MAJESTY: Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament a.s.sembled, that whereas it is declared and enacted by a statute made in the time of the reign of King Edward the First, commonly called Statutum de Tallagio non concedendo,[1] that no tallage [here, a tax levied by the King upon the lands of the crown, and upon all royal towns] or aid shall be laid or levied by the King or his heirs in this realm, without the goodwill and a.s.sent of the Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other the freemen of the commonalty of this realm: and by authority of Parliament holden in the five and twentieth year of the reign of King Edward the Third, it is declared and enacted, that from henceforth no person shall 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, or 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 freedom, that they shuld not be compelled to contribute to any tax, tallage, aid, or other like charge, not set by common consent in Parliament.

[1] A statute concerning tallage not granted by Parliament. This is now held not to have been a statute. See Gardiner's "Doc.u.ments of the Puritan Revolution," p. 1. It is considered by Stubbs an unauthorized and imperfect abstract of Edward I's Confirmation of the Charters-- which see.

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 a.s.sembled, and required to lend certain sums of money unto your Majesty, and many 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 laid and levied upon your people in several counties, by Lords 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 this realm:

And where also 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 disseized of his freeholds 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 eighth and twentieth year of the reign of King Edward 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 lands or tenements, nor taken, nor imprisoned, nor disenherited, nor put to death, without being brought to answer by due process of law:

Nevertheless, against the tenor 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 showed, 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 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 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 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 the reign of King Edward the Third, it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter, 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 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 inflicted by th elaws and statutes of this your realm; nevertheless of late divers commissions under your Majesty's Great Seal have issued forth, by which certain persons have been a.s.signed and appointed Commissioners with power and authority to proceed within the land, according to the justice of martial law against such soldiers and 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 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 some of the said Commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to have been, adjudged 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 laws and statutes, upon pretence that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid, which commissions, 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, 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 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 will 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 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.

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.

[Which Pet.i.tion being read the 2d of June, 1628, th eKing gave the following evasive and unsatisfactory answer, instead of the usual one, given below.]

The King willeth that right be done according to the laws and customs of the realm: and that the statutes be put in due execution, that his subjects may have no cause to complain of any wrong or oppressions, contrary to their just rights and liberties, to the preservation whereof he holds himself as well obliged as of his prerogative.

On June 7 the King decided to make answer in the accustomed form, Soit droit fait comme est desir'e. [Equivalent to the form of royal a.s.sent, "Le roi (or la reine) le veult," meaning "the King grants it." On the Pet.i.tion of Right, see Hallam and compare Gardiner's "England"; and his "Doc.u.ments of the Puritan Revolution."]

The Bill of Rights, 1689.

This Bill consists of thirteen Articles, of which the following is an abstract. It begins by stating that "Whereas the late King James II, by the advice of divers evil counsellors, judges, and ministers employed by him, did endeavor to subvert and extirpate the Protestant religion, and the laws and liberties of this kingdom:" 1. By dispensing with and suspending the laws without consent of Parliament.

2. By prosecuting worthy bishops for humbly pet.i.tioning him to be excused for concurring in the same a.s.sumed power. 3. By erecting a High Commission Court. 4. By levying money without consent of Parliament. 5. By keeping a standing army in time of peace without consent of Parliament. 6. By disarming Protestants and arming Papists.

7. By violating the freedom of elections. 8. By arbitrary and illegal prosecutions. 9. By putting corrupt and unqualified persons on juries.

10. By requiring excessive bail. 11. By imposing excessive fines and cruel punishments. 12. By granting fines and forfeiture against persons before their conviction.

It is then declared that "the late King James the Second having abdicated the government, and the throne being thereby vacant,"

therefore the Prince of Orange ("whom it hath pleased Almighty G.o.d to make the glorious instrument of delivering their kingdom from Popery and arbitrary power") did by the advice of "the Lords Spiritual and Temporal, and divers princ.i.p.al persons of the Commons "summon a Convention Parliament."

This Convention Parliament declares, that the acts above enumerated are contrary to the law. They then bestow the Crown on William and Mary--the sole regal power to be vested only in the Prince of Orange-- and provide that after the decease of William and Mary the Crown shall descend "to the heirs of the body of the said Princess; and, for default of such issue, to the Princess Anne of Denmark[1] and the heirs of her body; and for default of such issue, to the heirs of the body of the said Prince of Orange."

[1] The Princess Anne, sister of the Princess Mary, married Prince George of Denmark in 1683; hence she is here styled "the Princess of Denmark."

Here follow new oaths of allegiance and supremacy in lieu of those formerly required.

The subsequent articles are as follows: IV. Recites the acceptance of the Crown by William and Mary. V. The Convention Parliament to provide for "the settlement of the religion, laws, and liberties of the Kingdom." VI. All the clauses in the Bill of Rights are "the true, ancient, and indubitable rights and liberties of the people of this Kingdom." VII. Recognition and declaration of William and Mary as King and Queen. VIII. Repet.i.tion of the settlement of the Crown and limitations of the succession. IX. Exclusion from the Crown of all persons holding communion with the "Church of Rome" or who "profess the Popish religion" or who "shall marry a Papist." X. Every King or Queen hereafter succeeding to the Crown to a.s.sent to the Act [i.e. Disabling Act of 1678 (S478)] "disabling Papists from sitting in either House of Parliament." XI. The King and Queen a.s.sent to all the articles of the Bill of Rights. XII. The Dispensing Power (S488, note 1) abolished. XIII. Exception made in favor of charters, grants, and pardons made before October 23, 1689.

The Act of Settlement, 1700-1701.[2]

Excludes Roman Catholics from succession to the Crown; and declares that if a Roman Catholic obtains th eCrown, "the people of these realms shall be and are thereby absolved of their allegiance." Settles the Crown on the Electress Sophia,[3] and "the heirs of her body being Protestants." Requires the sovereign to join in communion with the Church of England. No war to be undertaken in defence of any territories not belonging to the English Crown except with the consent of Parliament. Judges to hold their office during good behavior. No pardon by the Crown to be pleadable against an impeachment by the House of Commons (S488).

[2] This act, says Taswell-Langmead, is "the t.i.tle Deed of the reigning Dynasty, and a veritable original contract between the Crown and the People."

[3] The Electress Sophia was the granddaughter of James I: she married the Elector of Hanover, and became mother of George I. See genealogical table of Descent of the English Sovereigns in the Appendix.

MISCELLANEOUS ACTS AND LAWS

I. The Const.i.tutions of Clarendon, 1164.

These measures (S165), says Bishop Stubbs, were "really a part of a great scheme of administrative reform." They were drawn up by a committee of bishops and barons, with the Justiciar or Chief Minister at the head. The object of the Const.i.tutions was "to a.s.sert the supremacy of the State over clergy and laity alike." They limited the jurisdiction of the ecclesiastical courts; they established a more uniform system of justice; and, in certain cases, they provided for a kind of jury trial (see Stubb's "Const.i.tutional History," I, 525; or, for a brief abstract of the Const.i.tutions, see Acland and Ransome's "Political History," p. 24).

II. Bill of Attainder, 1321.

This was a bill (first used apparently in 1321) pa.s.sed by Parliament, which might in itself decree sentence of death (SS351, 356).

Originally, the blood of a person held to be convicted of treason or felony was declared to be *attainted* or corrupted so that his power to inherit, transmit, or hold property was destroyed. After Henry VIII's reign the law was modified so as not to work "corruption of blood" in the case of new felonies. Under the Stuarts, Bills of Attainder were generally brought only in cases where the Commons believed that impeachment would fail,--as in the cases of Strafford and Laud. It should be noticed that in an Impeachment the Commons bring the accusation, and the Lords act as judges; but that in a Bill of Attainder the Commons--that is, the accusers--themselves act as judges, as well as the Lords.

III. The Great Statutes of Praemunire, 1393.

This statute, (first pa.s.sed in 1353) was reenacted in 1393 to check the power claimed by the Pope in England in cases which interfered with power claimed by the King, as in appeals made to the Court of Rome respecting Church matters, over which the King's court had jurisdiction. The statute received its name from th ewrit served on the party who had broken the law: "Praemunire facias, A.B."; that is, "Cause A.B. to be forewarned" that he appear before us to answer the contempt with which he stands charged. Henry VIII made use of this statute in order to compel the clergy to accept his supremacy over the English Church (SS265, 346, 348).

IV. Habeas Corpus Act, 1679.

The name of this celebrated statute is derived from its referring to the opening words of the writ: "Habeas Corpus ad subjiciendum."

Sir James Mackintosh declares that the essence of the statute is contained in clauses 39, 40 of Magna Carta--which see. The right to Habeas Corpus was conceded by the Pet.i.tion of Right and also by the Statute of 1640. But in order to better secure the liberty of the subject and for prevention of imprisonments beyond the seas, the Habeas Corpus Act of 1679 was enacted, regulating the issue and return of writs of Habeas Corpus.

The princ.i.p.al provisions of the Act are: 1. Jailers (except in cases of commitment for treason or felony) must within three days of the reception of the writ produce the prisoner in court, unless the court is at a distance, when the time may be extended to twenty days at the most. 2. A jailer, refusing ot do this, forfeits 100 pounds for the first offence, and 200 pounds for the second. 3. No one set at liberty upon any Habeas Corpus to be recommitted for the same offsense except by the court having jurisdiction of the case. 4. The Act not to apply to cases of debt.

V. Abstract of the Parliament Act (or Veto Act, S631), 18th August, 1911.

The Preamble states that "it is intended to subst.i.tute for the House of Lords, as it at present exists, a Second Chamber *const.i.tuted on a popular instead of hereditary basis,* but such subst.i.tution cannot be immediately brought into operation": therefore "it is expedient oto make such provision as in this Act appears for restricting the existing powers of the House of Lords" (i.e. the power of the Lords to veto bills sent them by the Commons).

1. If a Money Bill--that is, a Public Bill concerning taxation or the appropriation of money or the raising of a loan, etc.--shall be pa.s.sed byy the House of Commons, but shall not be pa.s.sed by the House of Lords, within one month, then it shall become law without the consent of the Lords.

2. If any Public Bill (other than a Money Bill or a bill providing for the extension of the maximum duration of Parliament beyond five years) shall be pa.s.sed by the House of Commons in three successive sessions (whether of the same Parliament or not) and shall be rejected by the House of Lords in each of those sessions, "that Bill shall on its rejection for the third time by the House of Lords, unless the House of Commons direct to the contrary, become an Act of Parliament, without the consent of the Lords, provided that two years have elapsed since the Bill was introduced and pa.s.sed by the House of Commons."

7. Five years shall be subst.i.tuted for seven years as the time fixed for the maximum duration of Parliament under the Septennial Act of 1715[1] (S535).

See "The Public General Statutes," of Great Britain and Ireland, for 1911; Chapter 13, pp. 38-40.

[1] This date is usually given 1716.

VI. William the Conqueror's Charter to London (S107).