petition of right

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Related to Petition of rights: English 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 ?
Parliament responded in 1628 with the Petition of Right, which echoed Magna Carta and the 1368 Due Process Statute.
When the Fifth Amendment to the US Constitution guaranteed the due process of law, it continued in the tradition of Magna Carta, the due process statutes, and the Petition of Right. Although it set a standard for the courts, it more basically barred any binding adjudication outside the courts.
The development of ideas of due process thus runs directly from Magna Carta's Article 39 in 1215, to the 1368 Due Process Statute, to the 1628 Petition of Right, to the Fifth Amendment in 1791.