Editing Petition of Right (section)

==Background==
On 27 March 1625, [[James VI and I|James I]] died, and was succeeded by his son, [[Charles I of England|Charles I]]. His most pressing foreign policy issue was the [[Thirty Years' War]], particularly regaining the [[Electoral Palatinate|hereditary lands and titles]] of the Protestant [[Frederick V, Elector Palatine]], who was married to Charles's sister [[Elizabeth of Bohemia|Elizabeth]].{{Sfn|Kishlansky|1999|p=59}}

The pro-[[Habsburg Spain|Spanish]] policy pursued by James prior to 1623 had been unpopular, inefficient and expensive, and there was widespread support for [[Anglo-Spanish War (1625–1630)|declaring war]]. However, money granted by Parliament for this purpose was spent on the royal household, while they also objected to the use of indirect taxes and customs duties. [[Useless Parliament|Charles' first Parliament]] wanted to review the entire system, and as a temporary measure while doing so, the [[House of Commons of England|Commons]] granted [[Tonnage and Poundage]] for twelve months, rather than the entire reign, as was customary.{{Sfn|Braddick|1996|p=52}}

[[File:Randolph Crewe by Peter Lely.jpg|thumb|left|upright=0.8|[[Randolph Crewe]], the [[Chief Justice of the King's Bench]], who was dismissed by [[Charles I of England|Charles I]] for refusing to declare the "forced loans" legal]]

Charles instructed the [[House of Lords]] to reject the bill, and adjourned Parliament on 11 July, but needing money for the war, recalled it on 1 August.{{Sfn|Hostettler|1997|p=119}} However, the Commons began investigating Charles' favourite and military commander, [[George Villiers, 1st Duke of Buckingham|George Villiers, Duke of Buckingham]], notorious for inefficiency and extravagance. When they demanded his [[Impeachment in the United Kingdom|impeachment]] in return for approving taxes, Charles dissolved his first parliament on 12 August 1625.{{Sfn|White|1979|p=190}} The disastrous [[Cádiz expedition (1625)|Cádiz expedition]] forced him to recall Parliament [[2nd Parliament of King Charles I|in 1626]], but once again they demanded the impeachment of Buckingham before providing funds to finance the war, Charles adopted "forced loans"; those who refused to pay would be imprisoned without trial, and if they continued to resist, sent before the [[Privy Council of England|Privy Council]].{{Sfn|Cust|1985|pp=209–211}}

Ruled illegal by [[Justice of the King's Bench|Chief Justice]] [[Randolph Crewe]], the [[Court of King's Bench (England)|judiciary]] complied only after he was dismissed.{{Sfn|Hostettler|1997|p=125}} Over 70 individuals were jailed for refusing to contribute, including [[Sir Thomas Darnell, 1st Baronet|Thomas Darnell]], [[Sir John Corbet, 1st Baronet, of Sprowston|John Corbet]], [[Walter Erle]], [[John Heveningham]] and [[Sir Edmund Hampden|Edmund Hampden]], who submitted a joint petition for ''[[habeas corpus]]''. Approved on 3 November 1627, the court ordered the five be brought before them for examination. Since it was unclear what they were charged with, the [[Attorney General for England and Wales|Attorney General]] [[Robert Heath]] attempted to get a [[test case (law)|ruling]]; this became known as '[[Darnell's Case]]', although Darnell himself withdrew.{{Sfn|Guy|1982|pp=291–292}}

The judges avoided the issue by denying [[bail]], on the grounds that as there were no charges, "the [prisoners] could not be freed, as the offence was probably too dangerous for public discussion".{{Sfn|Hostettler|1997|p=126}} A clear defeat, Charles decided not to pursue charges; since his opponents included the previous Chief Justice, and other senior legal officers, the ruling meant the loans would almost certainly be deemed illegal.{{Sfn|Guy|1982|p=293}} So many now refused payment, the reduction in projected income forced him to recall [[3rd Parliament of King Charles I|Parliament in 1628]], while the controversy returned "a preponderance of MPs opposed to the King".{{Sfn|Hostettler|1997|p=127}}

To fund his army, Charles resorted to [[martial law]]. This was a process employed for short periods by his predecessors, specifically to deal with internal [[Rising of the North|rebellions]], or imminent [[Spanish Armada|threat of invasion]], clearly not the case here.{{Sfn|Capua|1977|pp=167–168}} Intended to allow local commanders to try soldiers or insurgents outside normal courts, it was now extended to require civilians to feed, house and clothe military personnel, known as 'Coat and conduct money.' As with forced loans, this deprived individuals of personal property, subject to arbitrary detention if they protested.{{Sfn|Schwoerer|1974|pp=43–48}}

In a society that valued stability, predictability, and conformity, the parliament assembled in March claimed to be confirming established and customary law, implying both James and Charles had attempted to alter it. On 1 April, a Commons committee began preparing four resolutions, led by [[Edward Coke]], a former Chief Justice, and most respected lawyer of the age.{{Sfn|Baker|2002|p=167}} One protected individuals from taxation not authorised by Parliament, like forced loans, the other three summarised rights in place since 1225, and later enshrined in the [[Habeas Corpus Act 1679]]. They stipulated individuals could not be imprisoned without trial, deprived of ''habeas corpus'', whether by king or Privy Council, or detained until charged with a crime.{{Sfn|Guy|1982|p=298}}