Isabella Carter
The Petition of Right, sent to Charles I in 1628, is a major English constitutional document that set specific liberties that the king could not infringe upon. The crisis of 1629-1660 originated in Charles I's belief that he could rule and raise money without the advice and consent of Parliament. This was matched by Parliament's insistence that it had a necessary role in the government, particularly in granting tax income to the Crown and in addressing the grievances of the King's subjects. Charles I's religious 'innovations' and his attempts to impose a new Book of Common Prayer in Scotland also angered many. The Petition of Right was a significant document in English constitutional history, asserting the liberties of individual Englishmen and forming the origin of the trial by jury system.
| Characteristics | Values |
|---|---|
| Name of the document | Petition of Right |
| Year | 1628 |
| Addressee | Charles I |
| Reason | To force the king to assent to the Petition of Right as a precondition to granting any future taxes |
| Reason | Charles I's belief that he could govern without the advice and consent of Parliament |
| Reason | Charles I's imprisonment without trial of those who refused to pay the Forced Loan in 1626 |
| Reason | Charles I's angering of Members in the Commons due to his acts in relation to the appointment of bishops |
| Outcome | Charles I dissolved Parliament on 10 March 1629 |
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What You'll Learn
The Petition of Right (1628)
The Petition of Right, passed on 7 June 1628, is a significant English constitutional document outlining specific protections for individuals against the state. It is considered of equal importance to other fundamental acts such as the Magna Carta and the Bill of Rights (1689).
The petition was sent by the English Parliament to King Charles I, expressing their grievances over a series of breaches of law. It asserted four key principles: no taxation without parliamentary consent, no imprisonment without just cause, no quartering of soldiers on private citizens, and no imposition of martial law during peacetime. These demands reflected Parliament's insistence on having a role in governance, particularly regarding taxation and safeguarding the rights of those ruled by the King.
The Petition of Right emerged from a tumultuous relationship between Charles I and Parliament. Charles had imposed "forced loans" in 1627, effectively taxing his subjects and imprisoning those who refused to pay without a trial. This was followed by the use of martial law in 1628, forcing citizens to provide accommodation and supplies for soldiers and sailors, which threatened their property and freedom. These actions united opposition against the King, even among those elements the monarchy depended on for financial support.
To secure continued subsidies for his policies, Charles was compelled to accept the petition. However, he later disregarded its principles and attempted to enrol it in a way that cast doubt on its legal force, angering some members of Parliament. The Petition of Right marked a critical episode in the conflict between Parliament and the Stuart monarchy, ultimately leading to the 1639–1653 Wars of the Three Kingdoms and the 1688–89 Glorious Revolution, which resolved these tensions.
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The role of Parliament
The major English constitutional document sent to Charles I was the Petition of Right in 1628. This document addressed the crisis of 1629-1660, which arose from Charles I's belief in his right to govern without the advice and consent of Parliament. The king's stance was that he could rule and raise money without Parliament, by royal prerogative.
The Petition of Right also asserted Parliament's role in the appointment of bishops, which had been a point of contention due to Charles I's religious 'innovations', such as the introduction of a new Book of Common Prayer in Scotland in 1637. This led to the rise of the Covenanters, who opposed the king's religious policies and eventually defeated his troops in the Bishops' War. Charles I was forced to call a Parliament in April 1640, known as the Short Parliament, as he needed money to fund the inevitable renewal of war. However, the Commons refused to discuss supply until their grievances were addressed, and the king dissolved the Parliament within a month.
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Taxation and royal prerogative
Charles I believed that the royal prerogative allowed him to rule and raise money without Parliament. Throughout his reign, he continued to collect customs duties, known as tonnage and poundage, by the royal prerogative. He also tried to raise money without Parliament through a Forced Loan in 1626. As a precondition to granting any future taxes, Parliament forced the King to assent to the Petition of Right in 1628.
The English Bill of Rights, enacted in 1689, emerged from the political turmoil of the Glorious Revolution in England. The Bill of Rights set forth limitations on the powers of the monarchy, ensuring parliamentary supremacy, and the necessity of Parliament's consent for taxation and military matters. The Bill outlined specific constitutional and civil rights and ultimately gave Parliament power over the monarchy. It included the right not to pay taxes levied without the approval of Parliament.
The Bill of Rights was quickly followed by the 1689 Mutiny Act, which limited the maintenance of a standing army during peacetime to one year. The Bill also established rules for succession and restricted the crown to Protestants. It was based largely on the ideas of political theorist John Locke, who proposed that the role of the government is to protect its citizens' natural rights.
The English Bill of Rights served as a major source for the first eight amendments to the U.S. Bill of Rights and accustomed American colonists to the notion of a constitution that explicitly limits governmental powers and protects fundamental rights and liberties.
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Religious policies
The major English constitutional document sent to Charles I was the Petition of Right in 1628. This document was significant in addressing the religious and political turmoil of the 17th century. While the focus here is on religious policies, it is important to note that the Petition of Right also had broader implications for establishing rights and liberties.
The Petition of Right addressed the religious tensions of the time, specifically targeting the issues surrounding the Church of England and the Catholic Church, often referred to as "popery". The document aimed to protect the rights and liberties of the people, ensuring they were free from the imposition of religion by the state. This was a crucial step towards religious freedom and tolerance, preventing the state from forcing its religious views and practices on the populace.
The Petition of Right also reaffirmed the role of Parliament in governing the country, challenging the notion of absolute monarchical power held by Charles I. By asserting its role in granting taxes and addressing grievances, Parliament established a check on the monarch's power, including their religious influence. This marked a significant shift towards a more balanced power dynamic between the monarch and Parliament, with the latter becoming an essential part of the law-making process, especially in matters pertaining to religion.
The document's impact on religious policies was substantial. It prevented the king from interfering with the practices and freedoms of those who followed different faiths. Additionally, it prohibited the king from levying taxes without Parliament's consent, further limiting the monarch's ability to impose their religious will on the nation. This ensured that any religious taxation would be subject to parliamentary scrutiny and debate, protecting the rights of religious minorities.
The Petition of Right also contributed to the development of the concept of religious tolerance and freedom of conscience. While it primarily focused on protecting the rights of Protestants, it set a precedent for respecting the religious beliefs and practices of all individuals, moving towards a more inclusive and tolerant society. This would later be built upon by subsequent legislation, such as the English Bill of Rights in 1689, which further solidified the rights and liberties of the people, including their religious freedoms.
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The appointment of bishops
In the early 19th century, state involvement in the appointment of bishops was common. For example, the British king had the power to veto the appointment of bishops, even though the Church in Ireland opposed this intervention. Similarly, in the 20th century, Franz Joseph I of Austria-Hungary attempted to exercise his power to veto the election of Mariano Rampolla as pope, despite ultimately being unsuccessful.
The role of civil authorities in the appointment of bishops has evolved over time. In the past, kings and other civil authorities were granted privileges regarding the appointment of bishops. However, the 1983 Code of Canon Law, in accordance with the Second Vatican Council's decision, stipulates that no rights or privileges related to the election, appointment, presentation, or designation of bishops are conceded to civil authorities.
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Frequently asked questions
The Petition of Right, in 1628.
The Petition of Right was a document that set out specific liberties that the king could not infringe upon. It was a response to Charles I's belief that he could rule and raise money without the consent of Parliament.
The Petition of Right was of great historical significance. It influenced the early American colonists in the Thirteen Colonies and the formation of the United States Constitution. It also became a basic document of the British Constitution.
Another important English constitutional document is the Magna Carta, which was created in 1215. The Magna Carta was originally a feudal document meant to protect the rights and property of powerful baronial families. However, over time, it came to be interpreted as a charter of universal legal rights and influenced the development of democracy and the protection of individual liberties.
