Petition of Right Flashcards
What lead to the formation of the Petition of Rights?
During the five knights case, Sir Robert Heath (the King’s legal adviser) changed the wording of the judgement to the King had a general right to imprison without trial rather than in this one particular instance. MPs were horrified (he had tried to create a highly significant constitutional precedent which dramatically increased the power of the King, without the approval of Parliament). Extreme MPs such as Sir John Selden and Sir John Elliot recommended a radical approach: a Bill of Rights. This would be a legally binding document that would define the individual rights that the King couldn’t overrule. Parliament at the time were conservative so settled on a less aggressive solution, a Petition of Right drafted by Sir Edward Coke.
When was the Petition of Right signed?
7th March 1628
What did Parliament ask Charles to do and based off of what?
Parliament asked Charles to conform to 4 ancient liberties that Parliament said were the basic precepts of the British government that can be traced back to the 1215 Magna Carter.
What were the four parts to the petition?
- Subjects could be taxed only by Parliamentary consent. (Financial)
- Subjects could be imprisoned only if just cause was demonstrated in court. (Financial)
- The imposition of billeting on the population was illegal. (Law)
- The imposition of martial law on the civilian population was illegal. (Law)
What did the King’s officials do during the Parliamentary debate?
The King’s officials, via the House of Lords, made a case that Parliament should accept the ‘word’ of the King to abide by the spirit of the Magna Carter. This wasn’t enough for the Commons.
What did the House of Lords try to do?
What did this ultimately mark the extent of?
- In order to be presented to the King, both the Commons and the Lords had to agree to the Petition. Some in the House of Lords tried to moderate its terms, pushing for a compromise that wouldn’t encroach any of the King’s prerogative powers.
- It is a mark of the extent to which Charles had alienated himself from his natural allies in the Lords that ultimately they chose not to stand up for his prerogative rights and instead gave their agreement to the Petition and passed it to the King.
When and why did Charles accept the Petition?
Charles accepted the Petition on the 7th June 1628, chiefly because Parliament threatened further proceedings against Buckingham and Charles needed money.
What did Charles initially try to do when accepting the Petition?
Charles initially accepted the Petition without making the terminology that would make it legally binding. The Commons insisted on the correct response and, once again, used Charles’ financial needs to ensure that he gave the conventional, assent to the Petition.
Why did Parliament’s frustration increase?
-Prorogue, remonstrance , support.
-Charles prorogued Parliament on the 28th June 1628 to stop its debates.
-Sir John Elliot led an attack on the Duke of Buckingham producing a Remonstrance condemning his military failures.
The Commons supported subjects who refused to pay tonnage and poundage, drafting another remonstrance.
What was the impact on Charles’ actions in the Petition of Right?
Intended to demonstrate that King and Parliament shared a common understanding of the laws and customs of England but just showed to Parliament that the King couldn’t be trusted.
