petition of right
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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.