6. Moreover we have granted for us and our heirs, as well to archbishops, bishops, abbots, priors, and other folk of holy Church, as also to eaarls, barons, and to all the commonalty of the land, that *for no business from henceforth will we take such manner of aids, tasks, nor prises but by the common consent of the realm,* and for the common profit thereof, saving the ancient aids and prises due and accustomed.
7. And for so much as the more part of the commonalty of the realm find themselves sore grieved with the maletote [i.e. an unjust tax or duty] of wools, that is to wit, a toll of forty shillings for every sack of wool, and have made petition to us to release the same; we, at their requests, have clearly released it, and have granted for us and our heirs that we shall not take such thing nor any other without their common assent and good will; saving to us and our heirs the custom of wools, skins, and leather, granted before by the commonalty aforesaid. In witness of which things we have caused these our letters to be made patents. Witness Edward our son, at London, the 10th day of October, the five-and-twentieth of our reign.
And be it remembered that this same Charter, in the same terms, word for word, was sealed in Flanders under the King's Great Seal, that is to say, at Ghent, the 5th day of November, in the 25th year of the reign of our aforesaid Lord the King, and sent into England.
THE PETITION OF RIGHT
June 7, 1628
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 MAJESTY: Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament assembled, 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 assent 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 "Documents 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 assembled, 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: