Editing Petition of Right

{{Short description|1628 English constitutional document}}
{{About|the English constitutional document created in 1628|the pre-1947 contractual remedy against the Crown|petition of right}}
{{Good article}}
{{Protection padlock|small=yes}}
{{Use British English|date = April 2019}}
{{Use dmy dates|date=January 2020}}
{{Infobox UK legislation
| type                  = Act
| short_title           = Petition of Right{{efn|The citation of this act by this [[short title]] was authorised by section 5 of, and schedule 2 to, the [[Statute Law Revision Act 1948]]. Due to the repeal of those provisions, it is now authorised by section 19(2) of the [[Interpretation Act 1978]].}}
| parliament            = Parliament of England
| long_title            = The Petition Exhibited to His Majestie by the Lordes Spirituall and Temporall and Commons in this present Parliament assembled concerning divers Rightes and Liberties of the Subjectes: with the Kinges Majesties Royall Aunswere thereunto in full Parliament.{{efn|These words are printed against this act in the second column of schedule 2 to the [[Statute Law Revision Act 1948]], which is headed "Title".}}
| year                  = 1627
| statute_book_chapter  = [[3 Cha. 1]]. c. 1
| introduced_by         = [[Edward Coke]]
| territorial_extent    = [[England and Wales]]
| royal_assent          = 7 June 1628
| commencement          = 17 March 1628{{efn|Start of session.}}
|amendments={{Plainlist}}
* [[Statute Law Revision Act 1948]]
* [[Army Act 1955]]
* [[Air Force Act 1955]]
* [[Justices of the Peace Act 1968]]
{{Endplainlist}}|related_legislation=[[A Statute Concerning Tallage (1297)]], [[Magna Carta (1297)]]
| status                = Amended
| original_text         = https://www.british-history.ac.uk/statutes-realm/vol5/pp23-24
| revised_text          = https://www.legislation.gov.uk//aep/Cha1/3/1/contents
}}
{{Infobox document
| document_name        = Petition of Right
| image                = Petition of Right.jpg
| image_caption        = The Petition of Right
| date_created         = 8 May 1628
| date_ratified        = 7 June 1628
| location_of_document = Parliamentary Archives, London
| writer               = [[Edward Coke]]
| purpose              = The protection of civil liberties
| wikisource           = Petition of Right
}}

The '''Petition of Right''', passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state, reportedly of equal value to [[Magna Carta]] and the [[Bill of Rights 1689]].{{Sfn|Flemion|1973|p=193}} It was part of a wider conflict between [[Parliament of England|Parliament]] and the [[House of Stuart|Stuart monarchy]] that led to the 1639 to 1653 [[Wars of the Three Kingdoms]], ultimately resolved in the 1688–89 [[Glorious Revolution]].

Following a series of disputes with Parliament over granting taxes, in 1627 [[Charles I of England|Charles I]] imposed "forced loans", and imprisoned those who refused to pay, without trial. This was followed in 1628 by the use of [[martial law]], forcing private citizens to feed, clothe and accommodate soldiers and sailors, which implied the king could deprive any individual of property, or freedom, without justification. It united opposition at all levels of society, particularly those elements the monarchy depended on for financial support, collecting taxes, administering justice etc, since wealth simply increased vulnerability.

A [[House of Commons of England|Commons]] committee prepared four "Resolutions", declaring each of these illegal, while re-affirming [[Magna Carta]] and ''[[habeas corpus]]''. Charles previously depended on the [[House of Lords]] for support against the Commons, but their willingness to work together forced him to accept the Petition. It marked a new stage in the [[constitutional crisis]], since it became clear many in both Houses did not trust him, or his ministers, to interpret the law.

The Petition remains in force in the [[United Kingdom]], and parts of the [[Commonwealth of Nations|Commonwealth]]. It reportedly influenced elements of the [[Massachusetts Body of Liberties]], and the [[Third Amendment to the United States Constitution|Third]], [[Fifth Amendment to the United States Constitution|Fifth]], [[Sixth Amendment to the United States Constitution|Sixth]] and [[Seventh Amendment to the United States Constitution|Seventh]] amendments to the [[Constitution of the United States]].<ref>{{Cite web |title=1641: Massachusetts Body of Liberties |url=https://oll.libertyfund.org/pages/1641-massachusetts-body-of-liberties |access-date=2025-02-12 |website=The Online Library of Liberty, 1641: Massachusetts Body of Liberties}}</ref>

==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}}

==Passage==
[[File:Edward coke.jpg|thumb|right|upright=0.8|[[Edward Coke]], former Chief Justice who led the Committee that drafted the Petition, and the strategy that passed it]]

Despite being unanimously accepted by the Commons on 3 April, the Resolutions had no legal power and were rejected by Charles.{{Sfn|Guy|1982|p=299}} He presented an alternative; a bill confirming ''Magna Carta'' and six other liberty-related statutes, on condition it contained "no enlargement of former bills". The Commons refused, since Charles was only confirming established rights, which he had already shown willing to ignore, while it would still allow him to decide what was legal.{{Sfn|Guy|1982|p=307}}

After conferring with his supporters, Charles announced Parliament would be [[prorogued]] on 13 May, but was now out-manoeuvred by his opponents. Since he refused a public bill, Coke suggested the Commons and Lords pass the resolutions as a Petition of Right, and then have it "exemplified under the great seal".{{Sfn|White|1979|p=265}} An established element of Parliamentary procedure, this had not been expressly prohibited by Charles, allowing them to evade his restrictions, but avoid direct opposition.{{Sfn|Hulme|1935|pp=304–305}}

The Committee redrafted the content as a 'Petition', which was accepted by the Commons on 8 May, and presented the same day to the Lords by Coke, with a bill approving subsidies to encourage acceptance.{{Sfn|Christianson|1994|p=561}} After several days of debate, they approved it, but attempted to "sweeten" the wording; they then received a message from Charles, claiming he must retain the right to decide whether to detain someone.{{Sfn|White|1979|p=265}}

Despite protestations on both sides, in an age when legal training was considered part of a gentleman's education, significant elements within both Commons and Lords did not trust Charles to interpret the law. The Commons ignored both the request, and alterations proposed by the Lords to appease him; by now, there was a clear majority in both houses for the Petition as originally submitted. On 26 May, the Lords unanimously voted to join with the Commons on the Petition of Right, with the minor addition of an assurance of their loyalty, approved by the Commons on 27 May.{{Sfn|White|1979|p=268, 270}}

Charles now ordered [[John Finch, 1st Baron Finch|John Finch]], the [[Speaker of the House of Commons (United Kingdom)|Speaker of the Commons]], to prevent "insult", or criticism of any Minister of State. He specifically named Buckingham, and in response, [[John Selden]] moved the Commons demand his removal from office.{{Sfn|Hostettler|1997|pp=136–137}} Needing money for his war effort, Charles finally accepted the Petition, but first increased the level of mistrust on 2 June by trying to qualify it.{{Efn|"The King willeth that right be done according to the laws and customs of the realm; and that the statutes be put in due execution, that the subject may have no just cause of complaint for any wrong or oppression, contrary to their just rights and liberties, to the preservation whereof he holds himself in conscience as well obliged of his just prerogative.{{Sfn|White|1979|p=270}}}} Both houses now demanded "a clear and satisfactory answer by His Majesty in full Parliament", and on 7 June, Charles capitulated.{{Sfn|Young|1990|p=232}}

==Provisions==

After setting out a list of individual grievances and statutes that had been broken, the Petition of Right declares that Englishmen have various "rights and liberties", and provides that no person should be forced to provide a gift, loan or tax without an Act of Parliament, that no free individual should be imprisoned or detained unless a cause has been shown, and that soldiers or members of the [[Royal Navy]] should not be billeted in private houses without the free consent of the owner.{{Sfn|Hostettler|1997|p=138}}

In relation to martial law, the Petition first repeated the [[Due process#Magna Carta|due process chapter]] of ''Magna Carta'', then demanded its repeal.{{Efn|Neverthelesse of late tyme divers Commissions under your Majesties great Seale have issued forth, by which certaine persons have been assigned and appointed Commissioners with power and authoritie to proceed within the land according to the Justice of Martiall Lawe against such Souldiers or Marriners or other dissolute persons joyning with them as should comitt any murther [''sic'': murder] robbery felony mutiny or other outrage or misdemeanor whatsoever, and by such sumary course and order as is agreeable to Martiall Lawe and as is used in Armies in tyme of warr to proceed to the tryall and condemnacion of such offenders, and them to cause to be executed and putt to death according to the Lawe Martiall.&nbsp;... They doe therefore humblie pray your most Excellent Majestie,&nbsp;... that the aforesaid Commissions for proceeding by Martiall Lawe 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 aforesaid, lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Lawes and Franchise of the Land.{{Sfn|The Petition of Right [1627]}}}} This clause was directly addressed to the various commissions issued by Charles and his military commanders, restricting the use of martial law except in war or direct rebellion and prohibiting the formation of commissions. A state of war automatically activated martial law; as such, the only purpose for commissions, in their view, was to unjustly permit martial law in circumstances that did not require it.{{Sfn|Capua|1977|p=172}}

==Aftermath==
[[File:King Charles I by Gerrit van Honthorst sm.jpg|thumb|left|upright=0.8|[[Charles I of England|Charles I]], ca 1628]]

Charles' acceptance was greeted with widespread public celebrations, including ringing of church bells and lighting of bonfires throughout the country.{{Sfn|Hostettler|1997|p=139}} However, in August, Buckingham was assassinated by a disgruntled former soldier, while the [[Siege of La Rochelle|surrender of La Rochelle]] in October effectively ended the war, and Charles' need for taxes. He dissolved Parliament in 1629, ushering in eleven years of [[Personal Rule]], in which he attempted to regain all the ground lost.{{Sfn|Arnold-Baker|2015|p=270}}

For the rest of his reign, Charles used the same tactics; refusing to negotiate until forced, with concessions seen as temporary and reversed as soon as possible, by force if needed.{{Sfn|Wedgwood|1958|pp=26–27}} Once Parliament adjourned, he resumed the policy of imposing unauthorised taxes, then prosecuting opponents using the non-jury [[Star Chamber]]. When Parliament and the normal courts quoted the Petition in support of objections to the tax, and the detention of Selden and [[John Eliot (statesman)|John Eliot]], Charles responded it was not a legal document.{{Sfn|Reeve|1986|p=262}}

Although confirmed as a legal statute in 1641 by the [[Long Parliament]], debate over who was right continues; however, "it seems impossible to establish conclusively which interpretation (is) correct".{{Sfn|White|1979|p=263}} Regardless, the Petition has been described as "one of England's most famous constitutional documents",{{Sfn|Flemion|1973|p=193}} of equal standing to ''[[Magna Carta]]'' and the 1689 [[Bill of Rights 1689|Bill of Rights]].{{Sfn|Hostettler|1997|p=138}} It remains in force in the [[United Kingdom]], and much of the Commonwealth.{{Sfn|Clark|2000|p=886}} It has been cited in support of the [[Third Amendment to the United States Constitution]],{{Sfn|Kemp|2010|p=26}} and the [[Seventh Amendment to the United States Constitution|Seventh]].{{Sfn|Samaha|2005|p=556}} It is suggested elements appear in the [[Fifth Amendment to the United States Constitution|Fifth]], [[Sixth Amendment to the United States Constitution|Sixth]], and [[Seventh Amendment to the United States Constitution|Seventh Amendment]], primarily through the [[Massachusetts Body of Liberties]].{{Sfn|Bachmann|2000|p=276}}

== Notes ==
{{Notelist}}

== References ==
{{Reflist|30em}}

=== Works cited ===
* {{Cite book |last=Arnold-Baker |first=Charles |title=The Companion to British History |publisher=Routledge |date=2015 |isbn=978-1-1389-2883-1 |orig-date=1996}}
* {{Cite journal |last=Bachmann |first=Steve |date=2000 |title=Starting again with the Mayflower...England's Civil War and America's Bill of Rights |journal=Quinnipiac Law Review |volume=20 |issue=2 |issn=1073-8606}}
* {{Cite book |last=Baker |first=John |title=An Introduction to English Legal History |publisher=[[Butterworths]] |date=2002 |isbn=978-0-4069-3053-8}}
* {{Cite book |last=Braddick |first=Michael J |title=The Nerves of State: Taxation and the Financing of the English State, 1558–1714 |date=1996 |publisher=Manchester University Press |isbn=978-0-7190-3871-6}}
* {{Cite journal |last=Capua |first=J.V. |date=1977 |title=The Early History of Martial Law in England from the Fourteenth Century to the Petition of Right |journal=[[Cambridge Law Journal]] |volume=36 |issue=1 |pages=152–173 |doi=10.1017/S0008197300014409 |s2cid=144293589}}
* {{Cite journal |last=Christianson |first=Paul |date=1994 |title=Arguments on Billeting and Martial Law in the Parliament of 1628 |journal=[[The Historical Journal]] |volume=37 |issue=3 |pages=539–567 |doi=10.1017/S0018246X00014874 |issn=0018-246X |s2cid=159983961}}
* {{Cite journal |last=Clark |first=David |date=2000 |title=The Icon of Liberty: The Status and Role of Magna Carta in Australian and New Zealand Law |journal=[[Melbourne University Law Review]] |volume=24 |issue=1 |issn=0025-8938}}
* {{Cite journal |last=Cust |first=Richard |date=1985 |title=Charles I, the Privy Council, and the Forced Loan |journal=Journal of British Studies |volume=24 |issue=2 |pages=208–235 |doi=10.1086/385832 |jstor=175703 |s2cid=143537267}}
* {{Cite journal |last=Flemion |first=Jess Stoddart |date=1973 |title=The Struggle for the Petition of Right in the House of Lords: The Study of an Opposition Party Victory |journal=[[The Journal of Modern History]] |volume=45 |issue=2 |pages=193–210 |doi=10.1086/240959 |issn=0022-2801 |s2cid=154907727}}
* {{Cite journal |last=Guy |first=J.A. |date=1982 |title=The Origin of the Petition of Right Reconsidered |journal=[[The Historical Journal]] |volume=25 |issue=2 |pages=289–312 |doi=10.1017/S0018246X82000017 |issn=0018-246X |s2cid=159977078}}
* {{Cite book |last=Hostettler |first=John |title=Sir Edward Coke: A Force for Freedom |publisher=Barry Rose Law Publishers |date=1997 |isbn=1-8723-2867-9}}
* {{Cite journal |last=Hulme |first=Harold |date=1935 |title=Opinion in the House of Commons on the Proposal for a Petition of Right 6 May, 1628 |journal=[[The English Historical Review]] |pages=302–306 |doi=10.1093/ehr/L.CXCVIII.302 |issn=0013-8266}}
* {{Cite book |last=Kemp |first=Roger L. |title=Documents of American Democracy: A Collection of Essential Works |publisher=McFarland |date=2010 |isbn=978-0-7864-4210-2}}
* {{Cite journal |last=Kishlansky |first=Mark |date=1999 |title=Tyranny Denied: Charles I, Attorney General Heath and the Five Knights' Case |journal=[[The Historical Journal]] |volume=42 |issue=1 |pages=53–83 |doi=10.1017/S0018246X98008279 |issn=0018-246X |s2cid=159628863}}
* {{Cite journal |last=Reeve |first=L.J. |date=1986 |title=The Legal Status of the Petition of Right |journal=[[The Historical Journal]] |volume=29 |issue=2 |pages=257–277 |doi=10.1017/S0018246X00018732 |issn=0018-246X |s2cid=154406219}}
* {{Cite book |last=Samaha |first=Joel |title=Criminal Justice |publisher=Cengage Learning |date=2005 |isbn=978-0-5346-4557-1 |edition=7th}}
* {{Cite book |last=Schwoerer |first=Lois G |title='No Standing Armies!': The Antiarmy Ideology in Seventeenth-Century England |date=1974 |publisher=The Johns Hopkins University Press |isbn=978-0-8018-1563-8}}
* {{Cite book |last=Wedgwood |first=CV |title=The King's War, 1641–1647 |date=1958 |publisher=Penguin Classics |isbn=978-0-1413-9072-7 |edition=2001}}
* {{Cite book |last=White |first=Stephen D. |title=Sir Edward Coke and the Grievances of the Commonwealth |publisher=University of North Carolina Press |date=1979 |isbn=0-8078-1335-4}}
* {{Cite journal |last=Young |first=Michael B. |date=1990 |title=Charles I and the Erosion of Trust: 1625–1628 |journal=[[Albion (journal)|Albion]] |volume=22 |issue=2 |pages=217–235 |doi=10.2307/4049598 |issn=0095-1390 |jstor=4049598}}
* {{Cite web |last=The Petition of Right [1627] |title=The Petition of Right [1627] |url=http://www.legislation.gov.uk/aep/Cha1/3/1 |access-date=21 September 2019 |website=legislation.gov.uk |publisher=The National Archives}}

== Further reading ==
* {{Cite journal |last=Boynton |first=Lindsay |date=1964 |title=Martial Law and the Petition of Right |journal=[[The English Historical Review]] |volume=79 |issue=311 |pages=255–284 |doi=10.1093/ehr/lxxix.cccxi.255}}

==External links==
* {{Wikisource-inline|list=
** [[s:Petition of Right|Petition of Right]] (full text)
** [[s:Speech on the Petition of Right|Speech on the Petition of Right]] delivered to the House of Commons on 3 June 1628, by [[John Eliot (statesman)|John Eliot]]
** {{Cite Collier's|wstitle=Petition of Right |short=x |noicon=x}}
}}
* [https://archives.parliament.uk/collections/getrecord/GB61_HL_PO_PU_1_1627_3C1n2 Digital Reproduction of the Original Act on the Parliamentary Archives catalogue]

{{English legislation}}
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{{DEFAULTSORT:Petition Of Right}}
[[Category:17th century in England]]
[[Category:Acts of the Parliament of England 1628]]
[[Category:Acts of the Parliament of England still in force]]
[[Category:Constitution of the United Kingdom]]
[[Category:Constitutional laws of England]]
[[Category:Constitution of New Zealand]]
[[Category:1628 works]]
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