单词 | petition of right |
释义 | > as lemmaspetition of right petition of right n. a. English Law. A common law remedy against the Crown seeking the recovery of real or personal property notwithstanding the general principle that the sovereign is not to be sued in his own courts. Now chiefly historical.The Crown Proceedings Act 1947 provided that a claim against the Crown that could have been enforced by petition of right could be prosecuted in the courts in the normal way, but there may still occasionally be circumstances in which the petition of right is still the appropriate procedure, e.g. in claims under the Colonial Stock Act 1877. ΘΚΠ society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > [noun] > complaint in respect of civil claim > written application to court > other bills or petitions petition of right1467 cross-bill1637 bill of privilege1763 bill of suspension1810 bill of peace1848 1467–8 Rolls of Parl. V. 575/1 Provided also, that this present Acte..extend not nor be prejudiciall to eny persone or persones not attaynted, of eny Maners..in eny of the Kynges Courtes..by Writte or Writtes, or by Petition or Petitions of right sued. 1473 Rolls of Parl. VI. 72/2 Wherof any persone or persones have had..restitucion by Travers, Petition of Right, Lyvere, or any Recovere by the cours of the commen lawe. 1658 tr. E. Coke Rep. (1826) II. iv. 55a 428 He who has right could not by the common law have any traverse upon which he was to have amoveas manum, but was put to his ‘petition of right’. 1768 W. Blackstone Comm. Laws Eng. III. xvii. 256 The common law methods of obtaining possession or restriction from the crown, of either real or personal property, are, 1. By petition de droit, or petition of right, which is said to owe it's [sic] original to King Edward the first [etc.]. 1840 Penny Cycl. XVIII. 34/1 In modern practice the petition of right is not resorted to, except in cases to which neither a traverse of office nor a monstraunce de droit applies. 1898 Encycl. Laws Eng. at Petition of Right Stated in general terms, the only cases in which a petition of right is available are where the land or goods or money of a subject have found their way into the possession of the Crown. 1937 P. H. Winfield Textbk. Law of Tort 90 The rule that the King can do no wrong has also been used as a reason for denying the application of a petition of right to a claim in tort. 1974 Law Rep.: Queen's Bench Div. 186 The plaintiff was entitled to proceed by way of petition of right as provided in [the Colonial Stocks Act 1877, s. 20]. 2003 Law Rep.: Appeal Cases (Lexis) 1163 Section 1 provides for the Crown to be sued as of right (rather than by a petition of right sanctioned by Royal fiat). b. Usually with capital initials. Also more fully Petition of Rights. English History. The parliamentary declaration of the rights and liberties of the people, presented to Charles I in a petition in 1627 and assented to by the monarch in 1628. ΘΚΠ society > law > legal right > [noun] > civil rights > specific declaration of petition of right1636 Bill of Rights1768 1627 Act 3 Chas. I (title) The peticion exhibited to His Majestie by the Lordes Spirituall and Temporall and Comons in this present Parliament assembled concerning divers rightes and liberties of the subjectes.] 1636 W. Prynne Certaine Quæres 27 The Statute of Magna Charta: c. 29. the Petition of Right, with other Lawes enacted for the peoples liberties, which cannot be taken from them, but by Parliament. 1641 Ld. Digby Speeches High Court Parl. 19 The first mover, and insister to have this clause added to the Petition of Right. a1675 B. Whitelocke Memorials Eng. Affairs (1682) anno 1628 10/2 The King gave another Answer to the Petition of Right,..which satisfied the Commons,..and so that excellent Law passed. 1702 Clarendon's Hist. Rebellion I. i. 6 Yet all these Provocations, and many other..produced no other Resentment than the Petition of Right. 1768 W. Blackstone Comm. Laws Eng. III. 134 This drew on a parliamentary enquiry, and produced the petition of right, 3 Car. I. 1827 H. Hallam Constit. Hist. Eng. I. vii. 423 The Petition of Right, as this statute is still called, from its not being drawn in the common form of an act of parliament. 1878 W. E. H. Lecky Hist. Eng. 18th Cent. II. vi. 115 These Graces, the Irish analogue of the Petition of Rights. 1921 Eng. Hist. Rev. 36 512 In 1628 there was a suggestion..to make the Petition of Right a preamble to the subsidy bill. 1999 Jrnl. Brit. Stud. 38 179 In 1629 the same defense was used by those who refused to pay tonnage and poundage, which Charles collected..in direct violation of the Petition of Right. < as lemmas |
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