Acts of Scotland herein mentioned, confirmed; Universities and colleges of Saint Andrew, Glasgow, Aberdeen and Edinburgh, to continue; Subjects not liable to Oath, Test, or Subscription,
Confirmation of Liberties
• Separation of church and state
FIRST, We have granted to God, and by this our present Charter have confirmed, for
We declare that the Church of England shall remain free and retain all its rights and liberties without violation Additionally, we grant these specified liberties to all Freemen of our Realm, ensuring they and their heirs possess them for all time.
Liberties of London, &c;
The City of London shall retain its historical liberties and customs, as it has traditionally enjoyed Additionally, we grant that all other cities, boroughs, towns, the Barons of the Five Ports, and other ports will also maintain their own liberties and free customs.
Imprisonment, &c.; contrary to Law Administration of Justice
• Principle of no punishment without law
No individual shall be arrested, imprisoned, or deprived of their property, liberties, or customs without lawful judgment by their peers or according to the law We will not sell, deny, or delay justice or rights to anyone.
Closing Text: General Saving Observance of these Liberties Subsidy, in respect of this Charter and Charter of the Forest
The article affirms the reservation of liberties and customs for all Archbishops, Bishops, Abbots, Priors, and other dignitaries, both spiritual and temporal, ensuring that these rights are upheld within the realm It emphasizes the mutual agreement between the Crown and its subjects, who have contributed a fifteenth of their movable goods in exchange for the protection of these liberties The text asserts that neither the Crown nor its heirs will infringe upon these rights, and any contrary actions will be deemed null and void Prominent witnesses to this agreement include various bishops and abbots, alongside notable earls, reinforcing the importance of this charter in safeguarding the established freedoms of the clergy and nobility.
The article lists notable individuals, including the Earl of Hereford, J Constable of Chester, R de Ros, R Fitzwalter, and R de Vyponte, among others Additional names mentioned are W de Bruer, R de Muntefichet, P Fitzherbert, and W de Aubenie, alongside F Gresly, F de Breus, J de Monemue, and J Fitzallen The list continues with H de Mortimer, W de Beauchamp, W de St John, P de Mauly, Brian de Lisle, Thomas de Multon, R de Argenteyn, G de Nevil, W de Mauduit, and J de Balun, highlighting a significant assembly of historical figures.
We hereby ratify and approve the aforementioned Gifts and Grants, confirming them for ourselves and our heirs in perpetuity By this document, we renew our commitment to uphold this Charter and all its provisions, ensuring they are observed steadfastly and inviolably Should any article of this Charter have previously been neglected, we mandate that they be adhered to with royal authority from this point forward.
In Witness whereof We have caused these our Letters Patents to be made T.
Edward our son at Westminster, the twenty-eighth day of March in the twenty-eighth year of our Reign.
The Petition presented to His Majesty by the Lords Spiritual, Temporal, and Commons in the current Parliament addresses various rights and liberties of the subjects The King's Royal response to this Petition was delivered in full Parliament.
To the Kings most Excellent Majestie.
According to the statutes established during the reign of Edward I and Edward III, as well as other laws of the realm, it is mandated that the King's subjects cannot be taxed without their consent given in Parliament.
The Lords Spiritual and Temporal, along with the Commons in Parliament, humbly present to our Sovereign Lord the King that, according to the Statutum de Tallagio non concedendo established during King Edward I's reign, no tax or aid should be imposed by the King or his heirs without the consent of the Archbishop, Bishops, Earls, Barons, Knights, Burgesses, and other Freemen of the realm Furthermore, a statute from the twenty-fifth year of King Edward III's reign asserts that no individual should be forced to make loans to the King against their will, as such practices violate the principles of reason and the liberties of the land Additional laws also ensure that no subject can be burdened by any charge or imposition, such as a Benevolence, without the common consent established in Parliament, reinforcing the freedom of the subjects from being compelled to contribute to any tax or charge not agreed upon collectively.
and that Commissions have of late issued on which Proceedings have been had contrary to Law
• Crimes of the previous regime
Recently, various commissions have been issued to commissioners in different counties, instructing them to assemble people and request loans for your Majesty Many individuals who refused to lend money were subjected to oaths that are not legally justified, forced to appear before the Privy Council, and faced imprisonment or other forms of harassment Additionally, numerous charges have been imposed on the populace by Lord Lieutenants, Deputy Lieutenants, and Justices of the Peace, acting under commands from your Majesty or the Privy Council, all of which contravene the laws and customs of the realm.
Repealed]
VI and that Soldiers have been dispersed in divers Counties, and Inhabitants compelled to receive them
• Crimes of the previous regime
Recently, numerous companies of soldiers and mariners have been scattered across various counties in the realm, forcing residents to accommodate them against their will This situation has resulted in significant grievances and distress for the local population, as these individuals are allowed to stay in their homes in violation of the laws and customs of the realm.
VII 25 E III and that Commissions have issued under the Great Seal for Proceedings according to Martial Law
• Crimes of the previous regime
• Principle of no punishment without law
In the twenty-fifth year of King Edward III's reign, Parliament declared that no individual should be deprived of life or limb contrary to the Great Charter and the laws of the land, asserting that capital punishment can only be imposed by established laws or Acts of Parliament Furthermore, all offenders, regardless of their crimes, are subject to the laws and statutes of the realm However, recent commissions issued under the royal seal have appointed certain individuals as commissioners with authority to enforce martial law against soldiers, sailors, and others involved in serious offenses such as murder, robbery, and mutiny These commissioners are empowered to conduct trials and impose sentences, including execution, in accordance with martial law practices typically employed during wartime.
Some subjects of Your Majesty have been executed by certain Commissioners If these individuals were deserving of death according to the laws and statutes of the land, they should have been judged and executed solely under those same laws and statutes, and not by any other means.
Various serious offenders have evaded legal punishment by claiming exemptions, as some officials have unjustly refrained from taking action against them They argue that these offenders should only be punished under martial law and specific commissions, which contradict the established laws and statutes of the realm This situation undermines the rule of law and allows offenders to escape accountability.
The petition humbly requests that no individual be forced to pay any taxes, loans, or similar charges without the common consent of Parliament It seeks assurance that no one will be compelled to answer, take oaths, or face confinement or harassment for refusing such demands Furthermore, it calls for the removal of soldiers and mariners to alleviate the burdens on the people and urges the revocation of martial law commissions to prevent any potential harm to subjects contrary to the laws and rights of the land.
• Principle of no punishment without law
The petitioners humbly request that Your Majesty uphold their rights and liberties as established by the laws and statutes of the realm They seek assurance that any actions detrimental to the people will not set a precedent for the future Furthermore, they ask for Your Majesty's royal declaration that all officers and ministers will act in accordance with these laws, prioritizing both the honor of Your Majesty and the prosperity of the kingdom.
Quaquidem Petitione lecta & plenius intellecta per dictum Dominum Regem taliter est responsum in pleno Parliamento videlicet.
R Soit droit fait come est desire.
An Act for the better secureing the Liberty of the Subject and for Prevention of Imprisonments beyond the Seas.
Recital that Delays had been used by Sheriffs in making Returns of Writs of Habeas Corpus, &c.
Sheriffs, jailers, and other officials have significantly delayed the return of Habeas Corpus writs directed to them, often resorting to issuing Alias and Pluries Habeas Corpus or employing other tactics to evade compliance This behavior contravenes their duties and the established laws, resulting in the prolonged detention of many subjects who, by law, are eligible for bail, causing them considerable expense and distress.
The Sheriff must present the individual detained under a Habeas Corpus writ to the designated Court within three days of service, except in cases of treason and felony Additionally, the Sheriff is required to provide a certification detailing the legitimate reasons for the individual's imprisonment, taking into account any exceptions related to distance.
To ensure the prompt release of individuals imprisoned for criminal or alleged criminal matters, any Habeas Corpus writ served to a sheriff or jailer mandates that they must respond within three days, unless the commitment is for treason explicitly stated in the warrant Upon payment of specified transport costs, not exceeding twelve pence per mile, and securing a bond to cover potential return expenses if the prisoner is remanded, the officer must bring the detained individual before the appropriate court or authority Additionally, the officer must provide the reasons for the detention unless the commitment location is over twenty miles away, in which case the response time extends to ten days for distances up to one hundred miles and twenty days for distances exceeding one hundred miles.
II How Writs to be marked Persons committed, except for Treason and Felony, &c may appeal to the Lord Chancellor,
Habeas Corpus can be granted, requiring the officer to present the prisoners as previously stated Following this, the Lord Chancellor and relevant authorities may discharge the prisoners within two days upon review of the case.
Recognizance; and certify the Writ with the Return and Recognizance Proviso for Process not bailable
To ensure that no Sheriff, Goaler, or Officer can claim ignorance regarding the significance of any writ, all writs must be clearly marked "Per Statutum Tricesimo primo Caroli Secundi Regis" and signed by the issuing authority If an individual is detained for any crime, except for treason explicitly mentioned in the commitment warrant, they or their representative may appeal to any of His Majesty's Justices during vacation or out of term Upon presenting a written request, attested by two witnesses, the Justices are mandated to issue a Habeas Corpus, compelling the responsible officer to produce the detained individual before the court Within two days of the prisoner’s appearance, the Lord Chancellor or designated Justice must grant bail in accordance with the Bail Act 1976, unless it is determined that the detention is based on a lawful order from a court with jurisdiction over criminal matters.
III Habeas Corpus not granted in Vacation to Prisoners who have neglected to pray the same
If an individual intentionally fails to request a Habeas Corpus for their release within two full terms after being imprisoned, they will be ineligible to receive a Habeas Corpus during vacation periods as stipulated by this Act.
IV Officer neglecting, &c to make the said Returnes, &c or upon Demand to deliver a Copy of Warrant of
Commitment; First Offence, Penalty £100 Second Offence, £200 and Incapacity Judgment at Suit of Party sufficient Conviction
Officers and their deputies who fail to make required returns or deliver a true copy of the commitment warrants for prisoners within six hours of demand will face penalties For the first offense, they will forfeit £100 to the aggrieved party, and for the second offense, the penalty increases to £200 Additionally, offenders will be disqualified from holding their office These penalties can be pursued by the prisoner or their representatives through legal action in the King's Courts at Westminster, where no injunctions will be permitted A judgment in favor of the aggrieved party will serve as sufficient conviction for each offense.
V Proviso as to Imprisonment of Party after having been set at large upon Habeas Corpus Unduly recommitting such discharged Persons or assisting therein; Penalty to the Party £500
To prevent unjust vexation through repeated commitments for the same offense, no individual shall be re-imprisoned after being released on Habeas Corpus, except by a legal order from the appropriate court If anyone knowingly recommits or aids in the recommitment of a person for the same or a pretended offense, they will incur a penalty of five hundred pounds payable to the aggrieved party, regardless of any discrepancies in the commitment warrants.
VII Proviso respecting Persons charged in Debt, &c
This Act does not permit the release of individuals from prison who are charged with debt or involved in civil actions After serving time for their criminal offenses, these individuals will remain in custody as required by law for any outstanding civil suits.
VIII Persons committed for criminal Matter not to be removed but by Habeas Corpus or other legal Writ Unduly making out, &c Warrant for Removal; Penalty