释义 |
Petition of right
(Law) | a petition to obtain possession or restitution of property, either real or personal, from the Crown, which suggests such a title as controverts the title of the Crown, grounded on facts disclosed in the petition itself. |
See also: Petition
Petition of Right
Petition of Right, 1628, a statement of civil liberties sent by the English Parliament to Charles ICharles I, 1600–1649, king of England, Scotland, and Ireland (1625–49), second son of James I and Anne of Denmark. Early Life
He became heir to the throne on the death of his older brother Henry in 1612 and was made prince of Wales in 1616. ..... Click the link for more information. . Refusal by Parliament to finance the king's unpopular foreign policy had caused his government to exact forced loans and to quarter troops in subjects' houses as an economy measure. Arbitrary arrest and imprisonment for opposing these policies had produced in Parliament a violent hostility to Charles and George Villiers, 1st duke of Buckingham. The Petition of Right, initiated by Sir Edward CokeCoke, Sir Edward , 1552–1634, English jurist, one of the most eminent in the history of English law. He entered Parliament in 1589 and rose rapidly, becoming solicitor general and speaker of the House of Commons. In 1593 he was made attorney general. ..... Click the link for more information. , was based upon earlier statutes and charters and asserted four principles: no taxes may be levied without consent of Parliament; no subject may be imprisoned without cause shown (reaffirmation of the right of habeas corpus); no soldiers may be quartered upon the citizenry; martial law may not be used in time of peace. In return for his acceptance (June, 1628), Charles was granted subsidies. Although the petition was of importance as a safeguard of civil liberties, its spirit was soon violated by Charles, who continued to collect tonnage and poundage duties without Parliament's authorization and to prosecute citizens in an arbitrary manner.
Right, Petition of: see Petition of RightPetition of Right, 1628, a statement of civil liberties sent by the English Parliament to Charles I. Refusal by Parliament to finance the king's unpopular foreign policy had caused his government to exact forced loans and to quarter troops in subjects' houses as an economy ..... Click the link for more information. .petition of right Related to petition of right: Bill of Rightspetition of right originally, the means of proceeding against the Crown in a civil action (e.g. breach of contract). The petition of right procedure was rendered obsolete by the passing of the Crown Proceedings Act 1947.PETITION OF RIGHT, Eng. law. When the crown is in possession, or any title is vested in it which is claimed by a subject, as no suit can be brought against the king, the subject is allowed to file in chancery a petition of right to the king. 2. This is in the, nature of an action against a subject, in which the petitioner sets out his right to that which is demanded by him, and prays the king to do him right and justice; and, upon a due and lawful trial of the right, to make him restitution. It is called a petition of right, because the king is bound of right to answer it, and let the matter therein contained be determined in a legal way, in like manner as causes between subject and subject. The petition is presented to the king, who subscribes it, with these words, soit droit fait al partie, and thereupon it is delivered to the chancellor to be executed according to law. Coke's Entr. 419, 422 b; Mitf. Eq. Pl. 30, 31; Coop. Eq. Pl. 22, 23. |