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The solicitation of Right( 1627) of uk
1627 CHAPTER 1 3 Cha 1
The Peticion Displayed to His Majestie by the Lords Spirituall and Temporall and Comons in this present Parliament assembled concerning divers Rights and Liberties of the Subjects with the lords Majesties Royall Aunswere thereunto in full Parliament.
Editorial Information
Abbreviations or condensation in the original form of this Act have been expanded into ultramodern handwriting in the textbook set out over and below.
The solicitation of Right is assigned to the time 1627 onlegislation.gov.uk although the Petition entered Royal Assent on 7th June 1628. This follows the practice espoused in The bills of the Realm, Vol. V( 1819), in the Chronological Table in that volume, all posterior Chronological Tables of the bills, and in consecutive sanctioned editions of the revised bills from which the online interpretation is deduced. The session of Parliament 3 Cha 1 had convened on 17th March, which was still 1627 in the old style timetable.
( Until 1st Jan 1752 the timetable time began on March 25th.) All the Acts of that session were treated as being Acts of 1627 using the old system of reckoning, according to which, until 1793, all Acts passed in a session of Parliament with no specified inception date were supposed to be passed in the time in which that session began( see Acts of Parliament( Commencement) Act 1793( c 13)). The Statute Law Revision Act 1948(c. 62), Sch. 2, gave to Chapter 1 of 3 Cha 1 the short title” The solicitation of Right”, without attributing it to any timetable time.
Reciting that by( 25) 34 Ed.I.st. 4.c. 1, by Authority of Parliament holden 25 Ed. III. and by other Laws of this Realm, the lords Subjects shouldn’t be tested but by Consent in Parliament;
submissively shew unto our Soveraigne Lord the King the Lords Spirituall and Temporall and Comons in Parliament assembled, That whereas it’s declared and legislated by a Statute made in the tyme of the Raigne of King Edward the first comonly called Statutum de Tallagio non concedendo, That no Tallage or Ayde should be layd or levyed by the King or his Heires in this Realme without the good will and assent of the Archbishopps Bishopps Earles tycoons Knights Burgesses and other the Freemen of the Comonaltie of this Realme, And by Authoritie of Parliament holden in the five and twentith yeare of the raigne of King Edward the third, it’s declared and legislated, That from thenceforward no person should be impelled to make any Loanes to the King against his will because similar Loanes were against reason and the ballot of the Land, And by other Lawes of this Realme it’s handed, that none should be charged by any charge or Imposicion called a Benevolence nor by similar like Charge by which the bills before mencioned and other the good Lawes and bills of this Realme your Subjects have inherited this Freedome That they should( X3not) be impelled to contribute to any Taxe Tallage Ayde or other like Charge not sett by comon concurrence in Parliament.
and that Commissions have of late issued on which Proceedings have been had contrary to Law.
Yet neverthelesse of late divers Comissions directed to sundry Comissioners in severall Counties with Instruccions have issued, by meanes whereof your people have been in divers places assembled and needed to advance certaine somes of mony unto your Majestie, and numerous of them uppon their refusall soe to doe have had an Pledge administred unto them not warrantable by the Lawes or bills of this Realme and have been constrayned to come set to make apparance and give attendance before your Privie Councell and in other places; and others of them have been thus locked confined and sondry other waies molested and disquieted And divers other charges have been laid and levied upon your people in severall Counties by Lord apprentices Deputie apprentices Comissioners for Musters judges of Peace and others by Comaund or Direccion from your Majestie or your Privie Councell against the Lawes and free
Customes of the Realme.
VIand that Dogfaces have been dispersed in divers Counties, and occupants impelled to admit them.
And whereas of late great Companies of Souldiers and Marriners have been dispersed into divers Counties of the Realme, and the occupants against their choices have been impelled to admit them into their houses, and there to suffer them to sojourne against the Lawes and Customes of this Realme and to the great grievance and vexacion of the people.
and that Commissions have issued under the Great Seal for Proceedings according to Martial Law.
And whereas alsoe by authoritie of Parliament in the five and twentith yeare of the Raigne of King Edward the third it’s declared and legislated that no man should be forejudged of life or limbe against the forme of the Great Charter and the Lawe of the Land, And by the said Great Charter, and other the Lawes and bills of this your Realme no man ought to be arbitrated to death but by the Lawes established in this your Realme, either by the customes of the same Realme or by Acts of Parliament.
And whereas no offendor of what kinde soever is exempted from the pceedings to be used and corrections to be foisted by the Lawes and bills of this your Realme, Neverthelesse of late( X4tyme) divers Comissions under your Majesties great Seale have issued forth, by which certaine persons have been assigned and appointed Comissioners with power and authoritie to do within the land according to the Justice of Martiall Lawe against similar Souldiers or Marriners or other degenerate persons joyning with them as should comitt any murther thievery felony insurgency or other outrage or misdemeanor whatsoever, and by similar sumary course and order as is agreeable to Martiall Lawe and as is used in Armies in tyme of warr to do to the tryall and condemnacion of similar malefactors, and them to beget to be executed and putt to death according to the Lawe Martiall.
By rationale whereof some of your Majesties Subjects have been by some of the said Comissioners put to death, when and where, if by the Lawes and Statuts of the land they had merited death, by the same Lawes and Statuts alsoe they might and by no other ought to have byn judged and executed.
And alsoe sundrie greivous offendors by colour thereof clayming an exempcion have escaped the corrections due to them by the Lawes and bills of this your Realme, by reason that divers of your Officers and ministers of Justic have unjustlie refused or forborne to do against similar Offendors according to the same Lawes and bills uppon pretence that the said offendors were punishable onelie by Martiall law and by authoritie of similar Comissions as forenamed. Which Comissions and all other of suchlike nature are wholly and directlie negative to the said Lawes and bills of this your Realme.
The pitition
They doe thus humblie supplicate your most Excellent Majestie, that no man henceforth be impelled to make or yeild any Guift Loane Benevolence Taxe or similar like Charge without comon concurrence by Acte of Parliament, And that none be called to make aunswere or take similar Pledge or to give attendance or be confined or else molested or disquieted concerning the same or for refusall thereof… F2 And that your Majestie would be pleased to remove the said Souldiers and hearties and that your people may not be soe burthened in tyme to come. And that the forenamed Comissions for pacing by Martiall Lawe may be abandoned and annulled. And that henceforth no Comissions of like nature may issue forth to any person or persons whatsoever to be executed as forenamed, lest by colour of them any of your Majesties Subjects be destroyed or put to death negative to the Lawes and Franchise of the Land.
All which they most humblie pray of your most Excellent Majestie as their Rightes and Liberties according to the Lawes and bills of this Realme, And that your Majestie would alsoe vouchsafe to declare that the Awards acts and proceedings to the prejudice of your people in any of the premisses shall not be drawen henceforth into consequence or illustration. And that your Majestie would be alsoe graciouslie pleased for the farther comfort and safetie of your people to declare your Royall will and pleasure, That in the effects aforesaid all your Officers and Ministers shall serve you according to the Lawes and bills of this Realme as they give the Honor of your Majestie and the prosperitie of this Kingdome.
Quaquidem Petitione lecta & plenius intellecta per dictum Dominum Regem taliter est responsum in pleno Parliamento videlicet.
Soit droit fait come est desire.
Anno
The Enactments 1 Anne Stat. 2 170 of uk
The Act 2
Endeavouring to hamper the Race to the Crown according to the Limitations of Stat. and trying the same by overt Act; High disloyalty. Limitations stated; and trying the same by overt Act; High disloyalty.
And for the farther Security of Her Majesties Person and the Race of the Crown in the Protestant Line and for extinguishing the Expedients of the pretended Prince of Wales and all other fakers and their open and secret Abettors if any Person or Persons. shall endeavour to deprive or hamper any Person who shall be the coming in Race to the Crown for the Time being according to the Limitations in an Act intituled An Act declaring the Rights and Liberties of the Subject and settling the Race of the Crown and according to One other Act intituled An Act for the farther Limitation of the Crown and better securing the Rights and Liberties of the Subject from succeeding after the quietus of Her Majesty
(whom God long save) to the Imperial Crown of this Realm and the Dominions and homes thereunto belonging according to the Limitations in the ahead mentioned Acts that’s to say similar Issue of Her Majesties Body as shall from time to time be coming in Race to the Crown if it shall please God Almighty to bless Her Majesty with Issue and during the Time Her Majesty shall have no Issue the Princess Sophia Electoress and Dutchess Dowager of Hanover and after the quietus of the said Princess Sophia the coming in Race to the Crown for the Time being according to the Limitation of the said Acts and the same malitiously deliberately and directly shall essay by any overt Act or Deed every similar Offence shall be arbitrated High disloyalty and the lawbreaker or malefactors therein their Abettors pimps and Bedclothes knowing the said Offence to be done being thereof condemned or attainted according to the Laws and bills of this Realm shall be supposed and arbitrated Traytors and shall
(F4be liable to imprisonment for life) as in Cases of High disloyalty)
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