English+Civil+War+-+The+Petition+of+Right

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Sean Boyle getinthehole39@gmail.com "Nevertheless of late divers commissions, directed to sundry commissioners in several counties with instructions, have issued; by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them, upon their refusal so to do . . . have been constrained to . . . make appearance and give utterance before your privy council and in other places, and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted. . . ."

"And whereas also, by the statute called //The Great Charter of the Liberties of England//, it is declared and enacted, that no freeman may be taken or imprisoned or be disseized of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land. . . ."

"Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause showed; . . . and whereas of late great companies of soldiers and mariners have been dispersed into divers counties of this realm, and the inhabitants, against their will, have to into their houses, and there to suffer them to sojourn against the laws and customs of this realm, and to the great grievance and vexation of the people. . . ."

"They [Parliament] do therefore humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any loan, gift, benevolence, tax, or such like charge, without common consent by act of Parliament; and that none be called to make answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof; and that no freeman, in any such manner as is before mentioned, be imprisoned or detained; and that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come; and that the aforesaid commissions, for proceeding by martial law, 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 color of them any of your Majesty's subjects be destroyed or put to death, contrary to the laws and franchise of the land."

"All which they most humbly pray of your most excellent Majesty as their rights and liberties, according to the laws and statutes of this realm; and that your Majesty would also vouchsafe to declare, that the awards, doings, and proceedings to the prejudice of your people, in any of the premises, shall not be drawn hereafter into consequence or example; and that your Majesty would be also graciously pleased, for the further comfort and safety of your people, to declare your royal will and pleasure, that in the things aforesaid all your officers and ministers shall serve you, according to the laws and statutes of this realm, as they tender the honor of your Majesty, and the prosperity of this kingdom."

May not take any loans to the king against his will and to not tax, tallage, aid, or other like charge not set by common consent to Parliament. "Petiton of Right" //copyright © 2002 Steven Kreis November 12, 2009// [] ​

Ryan Bailey sbaileyat1662@verizon.net Parliament passed the Petition of Right in 1628 in response to suspicious violations of the law by Charles I in the 1st years of his reign. In 1626, Charles had convened Parliament in an effort to obtain needed funds for the continuation of his unsuccessful war with Spain. Unhappy with the prosecution of the war, however, Parliament swiftly began impeachment proceedings against Charles' favorite and principal counselor, the Duke of Buckingham. In order to protect Buckingham, Charles was forced to dissolve Parliament before it had voted any subsidies. Therefor, Charles resorted to 2 forms of extra-parliamentary taxation to raise the funds he needed - a benevolence and a Forced Loan - that were of doubtful legality at best. He also began to billet soldiers in civilian homes, both as a cost-saving measure and as a means of punishing his political opponents. The **Petition of Right** is an English constitutional document, which sets out specific liberties of the subject that the king is prohibited from infringing. The Petition of Right was produced by the English Parliament in the run-up to the English Civil War. It was passed by Parliament in May, 1628, and given the royal assent by Charles I in June of that year. The Petition is most notable for its confirmation of the principles that taxes can be levied only by Parliament, that martial law may not be imposed in time of peace, and that prisoners must be able to challenge the legitimacy of their detentions through the writ of habeas corpus. Additionally, the Petition's ban on the billeting of troops is reflected in the Third Amendment to the U.S. Constitution. en.wikipedia.org/wiki/**Petition_of_Right**

The **Petition of Right ** is a document produced by the English (pre-British) Parliament in the run up to the English Civil War. It was addressed to Charles I of England in 1628 in an attempt to seek redress on the following points:  [|www.economicexpert.com/a/] [|**Petition:of:Right**] [|.htm]
 * Forced loans
 * Arbitrary arrest
 * Imprisonment contrary to Magna Carta
 * Arbitrary interference with property rights
 * Unenforcement of habeas corpus
 * Forced billetting of troops
 * Imposition of martial law
 * Exemption of officials from due process

Petition of Right begins with various concerns regarding the “Rights and Liberties of the Subjects.” By recalling the 1215 Great Charter Magna Carta the Petition sought to establish due process for all Englishmen: Habeas Corpus. It asked for an end to forced taxation by the king and his agents and the elimination of a policy that used private homes to billet soldiers.

[|**http://ukirishhistory.suite101.com/article.cfm/charles_i_of_england_and_the_petition_of_right#ixzz0WYbLAncf**]

(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 petition dictionary.babylon.com/**petition**%20of%20**right** [|en.wikipedia.org/ wiki/Petition_of_Right]
 * petition of right **

"Led by Sir John Eliot, John Hampden, John Pym and Sir Edward Coke, defender of the common law against prerogative courts like the star chamber, they forced the king to accept the petition of right: that any tax or loan unauthorized by parliament was illegal, as was imprisonment of any freeman without cause shown." England- A concise history, F.E. Halliday, U.S. 1980 Thames and Hudson, 500 5th Avenue, New York, New York 10110.

Michael Auer beachbum106@comcast.net

Petition of Right- in 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 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 Coke,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.

(2007). Petition of Right. //The Columbia electronic encyclopedia//. Retrieved (2009, November 22) from http://www.infoplease.com/ce6/history/A0838617.html

(The 4 men behind The Petition of Right.)

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Background to the Petition:

 * During 1628 of February - early March: elections for parliament were held. Charles did not repeat the convenience of naming his opponents,men who had refused the Forced Loan were elected boded badly for the Crown, as sheriffs.
 * March 17- Parliament assembled. Although its leaders agreed not to repeat the attack on Buckingham, they were determined to make good of their wrongs.
 * One leader of the opposition to Charles- Sir John Eliot - long-time enemy of Buckingham. Joined by Sir Thomas Wentworth- a local rival of the Buckingham faction in Yorkshire. Prevented from sitting in the 1626 Parliament by selection as a sheriff, Wentworth made up for lost time in the Parliament of 1628 where he had fierce attacks on Charles I's advisors and recent policies.
 * Two important legal theorists - (1) Sir Edward Coke, (2) John Seldon- played an important role in confirming in MPs' minds the illegality of Charles' strategies for government.

The Petition:
 * A Committee of the House denied the crown's emergency power to imprison without cause. Another resolution- to outlaw taxation.
 * The Petition of Right - emphasized rights that already existed for their services, not new enactments. It was sent by the Commons to the Lords in early May 1628.
 * Many in the House of Lords - (bishops and lay peers) - expressed their doubts about the Petition's denial of all discretionary power of imprisonment to the king.
 * suggested inserting a clause to "leave entire that sovereign power" needed by the king to defend the state
 * The Commons rejected this section as-- weakening the importance of the Petition.
 * On May 28, 1628, The Petition was adopted by the Lords and presented to Charles.
 * On 2 June, Charles tried to get rid of the Commons with an unclear expression of good intentions.
 * the House blamed the rejection of the Petition on Buckingham.
 * June 7-- Charles gave permission to the Petition of Right. It seemed like a complete surrender he expressed the view that the Commons "neither mean nor can hurt my prerogative".
 * Charles believed that his power was from God and could not be restricted by people. His discussions with the Judges gave him reason to believe that they would still endorse optional measures. He agreed to the Petition, but had no more intention than earlier of abiding by law as the Commons' saw it.

<span style="color: #000000; font-family: Geneva,Arial,Helvetica,sans-serif; font-size: medium; line-height: normal;"><span style="-webkit-border-horizontal-spacing: 2px; -webkit-border-vertical-spacing: 2px; color: #333333; font-family: verdana,helvetica,sans-serif; font-size: 10px; letter-spacing: 1px;">Sommerville, J.P. (n.d.). //The Petition of right//. Retrieved from http://history.wisc.edu/sommerville/123/123%20301%201628.htm

__Book Reference___ Pg 115-- "Led by Sir John Eliot, John Hampden, John Pym, and Sir Edward Coke, defender of the Common Law against prerogative courts like the Star Chamber, they forced the King to accept the Petition of Right: that any tax or loan unauthorized by Parliament was illegal, as was imprisonment of any freeman without cause shown."

Halliday, F.E. (1994). //England:a concise history//. New York, New York: Thames and Hudson Inc..

Charles finally acceded to the Petition in June 1628. His agreement was secured for two reasons:

 * ======First, he needed the subsidies which the Commons were holding up because of the Petition.======
 * ======Second, he managed to secure agreement from his hand-picked judges that the Petition would not be interpreted in a sense contrary to his desire. But the tide really had turned now against Charles.======
 * ======His seemingly bold actions early in his reign, while he was still a man in his mid-20s, ended up recoiling upon his head. Trust had been irrevocably broken through the Five Knights Case and his attempt to limit the effect of the Petition of Right ultimately was of no avail.======

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<span style="-webkit-border-horizontal-spacing: 2px; -webkit-border-vertical-spacing: 2px; color: #333333; font-family: verdana,helvetica,sans-serif; font-size: 10px; letter-spacing: 1px; line-height: normal;">Long, Bill. (2005, October 1). //Petition of right i (1628)//. Retrieved from http://www.drbilllong.com/LegalHistory/PetitionI.html ======