petition of right


Also found in: Dictionary, Encyclopedia, Wikipedia.
Related to petition of right: Bill of Rights

petition of right

originally, the means of proceeding against the Crown in a civil action (e.g. breach of contract). The petition of right procedure was rendered obsolete by the passing of the Crown Proceedings Act 1947.

PETITION OF RIGHT, Eng. law. When the crown is in possession, or any title is vested in it which is claimed by a subject, as no suit can be brought against the king, the subject is allowed to file in chancery a petition of right to the king.
     2. 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 matter therein contained be determined in a legal way, in like manner as causes between subject and subject. The petition is presented to the king, who subscribes it, with these words, soit droit fait al partie, and thereupon it is delivered to the chancellor to be executed according to law. Coke's Entr. 419, 422 b; Mitf. Eq. Pl. 30, 31; Coop. Eq. Pl. 22, 23.

References in periodicals archive ?
Another version of the petition of right, Magna Carta has some sixty paragraphs of demands under the common law.
Coke composed a document in the usual form that was formally entitled the Petition of Right.
It completed the subordination of the monarch to Parliament and repeated the language of Coke's 1628 Petition of Right.
These five charters--the Charter of Liberties, Magna Carta, the Petition of Right, the Bill of Rights, and the Act of Habeas Corpus--are considered to be the unwritten constitution of British law.
In 1628 Sir Edward Coke, the same distinguished jurist who had drafted the Petition of Right of that year, also published an updated commentary on Lyttleton, usually referred to as Coke upon Lyttleton.