Legal Definitions - petition of right

The term Petition of Right has two distinct but related meanings in English legal history:

• First, the Petition of Right refers to a landmark English constitutional document enacted in 1628. This significant charter established fundamental limits on the monarch's power, particularly by asserting that no person could be forced to pay taxes, loans, or other charges without the explicit consent of Parliament. It stands as a crucial milestone in the development of parliamentary sovereignty and individual liberties in England, alongside documents like Magna Carta.

• Second, a petition of right (lowercase) also referred to a historical legal process in England that allowed a subject to bring a claim against the Crown (the government). Because the Crown historically enjoyed immunity from direct lawsuits, this petition was a special procedure used when a private individual or entity believed the Crown owed them money, had breached a contract, or had wrongfully seized their property. Although addressed to the monarch, these claims were adjudicated by the courts, much like disputes between private citizens. This mechanism provided a limited avenue for accountability against the government before modern legal frameworks for suing the state were established.

Here are some examples illustrating the historical legal procedure of a petition of right:

• Example 1: Breach of Contract
  Imagine a private shipbuilding company that completed a large order for new frigates for the Royal Navy. After the ships were delivered and accepted, the Crown's treasury unexpectedly refused to pay the final installment of the agreed-upon price, citing unforeseen expenses elsewhere. The shipbuilding company would have filed a petition of right to claim the outstanding payment, arguing that the Crown had breached its contractual obligation.

  Explanation: This illustrates a situation where a private entity sought to enforce a contract against the government, using the petition as the necessary legal avenue due to the Crown's historical immunity from direct lawsuits.

• Example 2: Wrongful Detention of Property
  During a period of military mobilization, the Crown's forces temporarily occupied a private citizen's large country estate to use as a strategic command center, promising fair compensation for its use and any damages. After the crisis passed and the property was returned, the Crown failed to provide the promised compensation for the occupation and the significant wear and tear on the estate. The citizen would have initiated a petition of right to demand the promised payment and compensation for the property's damage.

  Explanation: This example shows a claim for wrongful detention or use of property and failure to compensate, highlighting how the petition provided a remedy for individuals whose property rights were affected by government actions.

• Example 3: Unpaid Debt
  Consider a wealthy merchant who regularly supplied fine silks and exotic spices to the Royal Household on credit for several years. Despite numerous invoices and reminders, the Crown's accounts department fell significantly behind on payments, accumulating a substantial debt. The merchant would have resorted to a petition of right to legally compel the Crown to settle the outstanding balance for the goods supplied.

  Explanation: This demonstrates the petition's use to recover a debt owed by the government, emphasizing its role in holding the Crown accountable for financial obligations when direct legal action was not possible.