{"id":9262,"date":"2017-11-23T23:10:44","date_gmt":"2017-11-23T23:10:44","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=9262"},"modified":"2017-11-23T23:10:44","modified_gmt":"2017-11-23T23:10:44","slug":"petition-of-rights-for-recovery-of-wrongfully-detained-property-or-persons-held-in-custody","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=9262","title":{"rendered":"Petition of Rights – for recovery of wrongfully detained property &\/or person(s) held in custody"},"content":{"rendered":"

petition de droit<\/span>:<\/span><\/strong>
\n(de drwoi)<\/span><\/p>\n

1. A petition of right, by which property in the possession of the crown is recovered m the English court of Chancery.<\/span><\/strong> [1]<\/span><\/p>\n

petition de droit<\/span>:<\/span><\/strong><\/p>\n

1. See\u00a0PETITION OF RIGHT.\u00a0<\/span><\/p>\n

petition of right:<\/span>
\n<\/span><\/strong>(17c)
\nEnglish law.<\/em>
\n<\/span><\/p>\n

1.<\/strong> (cap) One of the four great charters of English liberty.<\/strong> [3 Car. I (1628)], establishing that<\/strong> \u201cno man be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament.<\/span><\/strong>\u201d\u00a0 *\u00a0 The other three great charters are Magna Carta, the Habeas Corpus Act<\/strong> [31 Car. 2 (1679)], and the Bill of Rights<\/strong> [1 W. & M. (1689)].<\/strong>\u00a0 \u2014 aka Petition of Right of 1628<\/strong><\/em><\/span>. <\/span><\/p>\n

2.<\/strong> Hist<\/em>.\u00a0<\/span>A proceeding in Chancery by which a subject claims that a debt is owed by the Crown or that the Crown has broken a contract or wrongfully detained the subject\u2019s property.\u00a0 *\u00a0 Although the petition is addressed directly to the Crown, the courts adjudicate the claim just as in an action between private parties.<\/strong> \u2014 aka petition de droit<\/strong><\/em><\/span>. [2]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Leonard W. Levy’s \u201cPetition of Right\u201d<\/em> \u00a7 in Encyclopedia of the American Constitution<\/em><\/a>\u00a0(Leonard W. Levy ed., 1986):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe Petition of Right reconfirmed Magna Carta\u2019s provision that no freeman could be imprisoned but by lawful judgment of his peers or \u2018by the law of the land.\u2019 The Petition also reconfirmed a 1354 reenactment of the great charter which first used the phrase \u2018by due process of law\u2019 instead of \u2018by the law of the land.\u2019\u00a0 By condemning the military trial of civilians, the Petition invigorated due process and limited martial law.\u00a0 One section of the Petition provided that no one should be compelled to make any loan to the crown to pay any tax \u2018without common consent by act of parliament.\u2019\u00a0 Americans later relied on this provision in their argument against taxation without representation.\u00a0 Other sections of the act of 1628 provided that no one should be imprisoned or be forced to incriminate himself by having to answer for refusing an exaction not authorized by Parliament. Condemnation of imprisonment without cause or merely on executive authority strengthened the writ of habeas corpus. . . .\u00a0 The Third Amendment of the Constitution derives in part from the Petition of Right.<\/span>\u201d<\/strong> [3]<\/span><\/p>\n

Petition of Rights<\/span>:<\/span><\/strong><\/p>\n

1. A declaration fo the liberties of the people by the English parliament in the reign of Charles the First, in the year 1629.<\/strong> [1]<\/span><\/p>\n

 <\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

\n

[1]:\u00a0Ballantine\u2019s Law Dictionary\u00a0with Pronunciations
\n<\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/span><\/strong><\/p>\n

[2]:\u00a0<\/span><\/strong>Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[3]:\u00a0Leonard W. Levy, \u201cPetition of Right,\u201d in Encyclopedia of the American Constitution<\/em><\/a> 1383, 1383-84 (Leonard W. Levy ed., 1986).<\/span><\/strong><\/p>\n<\/div>\n

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