Petitions and the Petition of Right

Publisher Website
Google Scholar
Abstract
Proceedings of parliament, said Sir Edward Coke in 1624, are of four sorts: by bill, judicature, petition of grace and petition of right. The purpose of this paper is to explore certain aspects of procedure by petition in the reigns of James I and Charles I and to consider the Petition of Right of 1628 in relation to other petitions which preceded it.The substance of the Petition of Right is well known. It stated that contrary to the laws of the realm, men had been required under duress to grant loans and pay other charges to the crown which had not been voted by parliament. They had been imprisoned without cause shown, tried by martial law in time of peace, and forced to receive into their homes soldiers and mariners billeted upon them. The Petition asked that these practices, which contravened the rights and liberties of the kingdom, should cease.The form of the Petition, together with its answer, is less well understood than its substance and is often considered unique. It has sometimes been regarded as a declaratory act, sometimes compared to a private bill, or to the petition, also called a petition of right, by which an individual initiated action against the crown. To discover what the Petition meant to men of the seventeenth century, it may be useful first to look at the events that surrounded Charles' several answers to it, and then to examine the petition as a normal form of procedure, of which the Petition of Right was a dramatic example.

This publication has 7 references indexed in Scilit: