Australian Capital Territory
Petition of Right 1627
3 Chas 1 c 1
Republication No 1
Republication date: 11 July 2002
Authorised by the ACT Parliamentary Counsel
About this republication
The republished law
This is a republication of the Petition of Right 1627 3 Chas 1 c 1, including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes), as in force
on 11 July 2002. It also includes any amendment, repeal or expiry affecting the
republished law.
The legislation history and amendment history of the republished law are set out in
endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see
the ACT legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been
made by an Act commencing on the republication date (see Legislation Act 2001, s 115
and s 117). The changes are made if the Parliamentary Counsel considers they are
desirable to bring the law into line, or more closely into line, with current legislative
drafting practice.
When preparing the authorised version of this republication amendments were made under
part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an
uncommenced amendment, the symbol U appears immediately before the provision
heading. The text of the uncommenced provision or amendment appears only in the last
endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision
appears in the endnotes. For the legal status of modifications, see Legislation Act 2001,
section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication
date is—
(a) if the person charged is an individual—$100; or
(b) if the person charged is a corporation—$500.
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Petition of Right 1627
3 Chas 1 c 1
Contents
Page
1 Reciting that by 34 Edw 1 St 4 c 1, by authority of Parliament
holden 25 Edw 3, and by other laws of this realm, the King’s
subjects should not be taxed but by consent in Parliament 1
2 And that commissions have of late issued on which proceedings
have been had contrary to law 2
3 Reciting 9 Hen MC c 29 3
4 Reciting 28 Edw 3 c 3 3
5 And that divers subjects have been imprisoned without cause
shown or cause of detainer certified 3
6 And that soldiers have been dispersed in divers counties, and
inhabitants compelled to receive them 4
7 Reciting 25 Edw 3, and that commissions have issued under the
great seal for proceedings according to martial law 4
8 The Petition 5
Contents
Page
R1 Petition of Right 1627
3 Chas 1 c 1
contents 2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Endnotes
1 About the endnotes 7
2 Abbreviation key 7
3 Legislation history 8
4 Amendment history 8
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Petition of Right 1627
3 Chas 1 c 1
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 subject: with the
Kings Majesty’s royal answer thereunto in full Parliament.
To the King’s most excellent Majesty.
Humbly shew unto our Sovereign lord the King the lords
spiritual and temporal and commons in Parliament assembled
that:
1 Reciting that by 34 Edw 1 St 4 c 1, by authority of
Parliament holden 25 Edw 3, and by other laws of this
realm, the King’s subjects should not be taxed but by
consent in Parliament
Whereas it is declared and enacted by a Statute made in the time
of the reign of King Edward the First commonly called Statutum
Section 2
R1 Petition of Right 1627
3 Chas 1 c 1
page 2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
de Tallagio non concedendo, that no tallage or aid should 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 commons 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 thenceforth 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
before mentioned 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, tillage, aid or other
like charge not set by common consent in Parliament.
2 And that commissions have of late issued on which
proceedings have been had contrary to law
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 lord
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 the realm.
Section 3
R1 Petition of Right 1627
3 Chas 1 c 1
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
3 Reciting 9 Hen MC c 29
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 imprisioned 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.
4 Reciting 28 Edw 3 c 3
And in the eight 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 land or tenements nor taken nor
imprisoned nor disherited nor put to death without being
brought to answer by due process of law.
5 And that divers subjects have been imprisoned
without cause shown or cause of detainer certified
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 shown:
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
the law.
Section 6
R1 Petition of Right 1627
3 Chas 1 c 1
page 4
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
6 And that soldiers have been dispersed in divers
counties, and inhabitants compelled to receive them
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.
7 Reciting 25 Edw 3, and that commissions have issued
under the great seal for proceedings according to
martial law
And whereas also by authority of Parliament in the five and
twentieth year of the reign of King Edward the Third it is
declared and enacted that no man should 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
the laws and statutes of this your realm, nevertheless of late
time divers commissions 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.
Section 8
R1 Petition of Right 1627
3 Chas 1 c 1
page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
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 judged and executed.
And also sundry grievous offenders by colour thereof claiming
an exemption have escaped the punishment 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.
8 The Petition
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 imprisioned 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 aforesaid 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
Section 8
R1 Petition of Right 1627
3 Chas 1 c 1
page 6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
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 care for the honour of your Majesty and the
prosperity of this Kingdom.
Qua Quidem petitione lecta & plenius intellecta per dictum
dominum regem taliter est responsum in pleno parliamento
videlicet
R° Soit droit fait come est desire1
1 This petition, having been read and fully comprehended by the Lord King, the reply in
full parliament is this, namely:
R(eply) It may be made law as it is desired.
Endnotes
About the endnotes 1
R1 Petition of Right 1627
3 Chas 1 c 1
page 7
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and
the amendment history. Current modifications are not included in the
republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3
are annotated in the amendment history. Full details of any amendments can
be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation
history and the amendment history. These details are underlined.
Uncommenced provisions and amendments are not included in the
republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty
unit values appears on the republication inside front cover.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter p = page
cl = clause par = paragraph
def = definition pres = present
dict = dictionary prev = previous
disallowed = disallowed by the Legislative (prev...) = previously
Assembly prov = provision
div = division pt = part
exp = expires/expired r = rule/subrule
Gaz = Gazette reg = regulation/subregulation
hdg = heading renum = renumbered
IA = Interpretation Act 1967 reloc = relocated
ins = inserted/added R[X] = Republication No
LA = Legislation Act 2001 s = section/subsection
LR = legislation register sch = schedule
LRA = Legislation (Republication) Act 1996 sdiv = subdivision
mod = modified / modification sub = substituted
No = number SL = Subordinate Law
num = numbered underlining = whole or part not commenced
o = order or to be expired
om = omitted/repealed
Endnotes
Legislation history 3
R1 Petition of Right 1627
3 Chas 1 c 1
page 8
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
3 Legislation history
This Act was originally a UK Act—The Petition of Right (1627) 3 Chas 1
c 1 (UK). The Act was renamed as the Petition of Right 1627 when it was
first republished under the Legislation Act 2001.
The Act was in force in NSW immediately before 1 January 1911 (the date
of establishment of the ACT) and was continued in force by the Seat of
Government Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the
Act had effect in the ACT as if it were an ACT law (subject to ordinances
made under the Seat of Government (Administration) Act 1910).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth),
s 34 (4) converted most former UK laws in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and
repeal the laws. This Act was converted into an ACT enactment on 11 May
1989 (self-government day).
Under the Interpretation Act 1967 (repealed), s 65 all former UK Acts in
force in the ACT immediately before 10 November 1999 (including this Act)
became, for all purposes, laws made by the ACT Legislative Assembly. This
completed the process of making former UK Acts fully into ACT laws.
Petition of Right 1627 3 Chas 1 c 1
as amended by
Imperial Acts Application Act 1986 A1986-93 s 5 and sch 3 pt 10
notified 12 January 1987 (Cwlth Gaz 1986 No S1)
s 5 and sch 3 pt 10 commenced 12 January 1987 (s 2 (1))
4 Amendment history
The Imperial Acts Application Act 1986 (the 1986 Act), sch 3, pt 10 set out
the text of this Act in an amended form and provided for the amended form
to apply as the text of the Act in force in the ACT (see 1986 Act, s 5 (1), (4)
and (5)).
This Act has not been amended since the enactment of the 1986 Act, except
under the Legislation Act 2001.
Name of Act
am R1 LA