Five Knights’ Case (Forced Loan) Flashcards
Five Knights’ Case:
Date
1628
Five Knights’ Case:
Summary
Lord Chief Justice Carew refused to endorse the legality of the loan and was dismissed.
Then, a group of five knights who had refused to pay the loan had been imprisoned and were refused the opportunity to go to court- reject of habeas corpus (as King claimed a right to an emergency power of arrest).
Five Knights’ Case:
Causation
Charles forced to dissolve the 1626 parliament without any grant of taxation in order to stop the process of B impeachment (lost the four subsidies) = Demanded forced loan from all taxpayers.
Anyone who refused payment were to be punished by being imprisoned or conscripted into military service. > direct challenge to the law and the existence of parliaments for much of political nation
Five Knights’ Case:
Consequence
The result of the ‘Five Knights case’ was a major confrontation in 1628.
- Charles had to summon another parliament to provide funds for the now desperate need for national defence.
Led to parliament offering the Petition of Right to the king in 1628- direct response:
- Petition demanded that the King reverse the decision made in the Five Knights Case; that in the future citizens will not be asked to pay forced loans; and that citizens will not be imprisoned w/o trial.