Petition of Right

Petition of Right
Sodacan · CC BY-SA 3.0 · source
Short title	Petition of Right
Long title	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.
Statute book chapter	3 Cha. 1. c. 1
Territorial extent	Kingdom of England
Royal assent	7 June 1628
Commencement	7 June 1628
Related legislation	Magna Carta, Bill of Rights 1689
Status	Amended

Petition of Right was a major English constitutional document of 1628 that set out specific liberties of the subject that the king was prohibited from infringing. It sought to address grievances over King Charles I's non-parliamentary taxation and the imposition of martial law. The petition asserted ancient rights and liberties, drawing upon precedents like Magna Carta and confirming that the monarchy was subject to the law of the land. Its acceptance by the king, however reluctant, marked a pivotal moment in the escalating conflict between Crown and Parliament that would lead to the Wars of the Three Kingdoms.

Background and context

The petition arose from intense political conflict during the early reign of Charles I of England. To finance wars, such as the Anglo-Spanish War (1625–1630) and involvement in the Thirty Years' War, the Crown had resorted to extra-parliamentary measures. These included the forced loan of 1626, the billeting of soldiers in private homes, and the imprisonment of refusers like Sir Thomas Darnell under "Darnell's Case". Figures such as Sir Edward Coke, John Selden, and John Eliot led parliamentary opposition, arguing these actions violated fundamental laws enshrined since Magna Carta. The political climate was further strained by the influence of the Duke of Buckingham and fears of a slide towards absolutism akin to that seen in Continental Europe.

Provisions and key clauses

The document contained four principal grievances and corresponding declarations of right. It first condemned taxation without the consent of Parliament, targeting practices like the forced loan. Second, it challenged the arbitrary imprisonment of subjects without a stated cause, a direct response to the Five Knights' Case. Third, it protested the billeting of soldiers and sailors upon the civilian population, a heavy burden during wartime. Finally, it denounced the use of martial law against civilians in peacetime. Its clauses were framed as reaffirmations of ancient statutes and customs, notably invoking the spirit of Magna Carta and the late Edward III's statute on due process.

Passage and royal assent

Debated fiercely in the Parliament of 1628, the petition was framed as a restatement of existing law to make it more palatable to the king. Key draftsmen included Sir Edward Coke and John Selden. After passing both the House of Commons and the House of Lords, it was presented to Charles I at the Palace of Westminster. The king, desperate for parliamentary subsidies to fund his wars, initially gave a vague verbal answer. Parliament demanded the traditional formal reply of "soit droit fait comme est désiré" ("let right be done as is desired"). Under great pressure, Charles finally gave his royal assent on 7 June 1628, though he later attempted to undermine its authority by reinterpreting his consent.

Significance and impact

The petition was an immediate constitutional landmark, explicitly stating that the monarchy was not above statute law. It directly influenced the legal arguments used against the king in the lead-up to the English Civil War and was cited at the trial of Earl of Strafford. Its principles—consent to taxation, freedom from arbitrary detention, and restriction of military power over civilians—became central tenets of English liberty. While Charles I soon dissolved Parliament and began the period of Personal Rule, the petition remained a powerful symbol of parliamentary authority and a key precedent for later documents like the Habeas Corpus Act 1679 and the Bill of Rights 1689.

Later history and legacy

Following the Glorious Revolution, the petition was confirmed as statute in 1689. It influenced foundational texts of common law liberty across the English-speaking world, notably in the Thirteen Colonies. Its arguments against arbitrary imprisonment and for due process are reflected in the United States Constitution, particularly in the Fifth Amendment. In the United Kingdom, it is recognized as one of the four great charters of liberty, alongside Magna Carta, the Habeas Corpus Act 1679, and the Bill of Rights 1689. Its text is still cited in modern English legal texts and remains a potent symbol in the historical narrative of constrained executive power.

Category:English laws Category:British constitutional laws Category:1628 in law Category:1628 in England