PETITION OF RIGHT. In English Law. A proceeding in chancery by which a sub ject may recover property In the possession of the king.
This is in the nature of an action against a subject, in which the petitioner sets out his right to that which is demanded by him, and prays the king to do him right and justice; and, upon a due and lawful trial of the right, to make him restitution. It is called a petition of right because the king is bound of right to answer it and let the mat ter therein contained be determined in a le gal way, in like manner as causes between subject and subject. The petition is present ed to the king, who subscribes it with these words, soit droit fait al partie, and thereup on it is delivered to the chancellor to be executed according to law. Co. 4th Inst. 419, 422 b; Mitf. Eq. Pl. 30, 31; Cooper, Eq. Pl. 22, 23.
The modern practice is regulated by stat ute 23 and 24 Vict. c. 34, which provides that the petition shall be left with the home sec retary for Her gajesty's consideration, who, if she shall think fit, may grant her fiat that right be done, whereupon the fiat having been served on the solicitor of the treasury, an answer, plea, or demurrer shall be made, in behalf of the crown, and the subsequent pleadings be assimilated as far as practica ble to the course of an ordinary action ; Moz.l. & W.
A statute which Charles I. approved June 7, 1628. As it was not drawn in the common form of an act of parliament, it was so call ed. It is one of the four great charters of British liberty. It recited that by the laws of England subjects "should not be compelled to contribute to any tax, tallage, aid or any I like charge not set by common consent in parliament"; yet the people of England were required to lend certain sums to the crown and many of them, upon their refusal, had been constrained to appear before the Privy Council and be imprisoned, etc.
It recited that by the Great Charter no in should be taken, imprisoned or disseised of his freeholds or liberties, or be outlawed or exiled, etc., but by the law of the land, nevertheless, divers subjects had been imprisoned without cause shown, and when brought up on habeas corpus and no cause certified, had been returned back to prison. It complained that soldiers and mariners bad been quartered on the people.
It complained that commissioners had been appointed, with power to proceed "ac cording to the justice of martial law" against such soldiers and mariners, etc. And "by such summary course as is agreeable to mar tial law and is used in armies in time of war," to try, condemn and execute such of fenders "according to the law martial." The petition prayed that these wrongs be righted and that no man thereafter be compelled to make any gift, loan, benevolence, etc. The petition being read June 2, 1628, the king made an evasive answer, but on June 7 he gave his answer in the accustomed form: "Solt droit fait comme i1 est desire." See the text in 2 Larned's History for Ready Reference 875.