A Study Of The Petition Of Right

Early Modern, or specifically early 17 century, government of England was losing control of socio-economic structural crisis and failed to respond to rising social interest class. The struggle between the Parliament and the King was heated up through time. By virtue of its own strength and utilization of Common Law, the Parliament tried to restrain the King's privileges. In year 1628, the Parliament submitted a petition to Charles I, countering the King's behaviors of forced tax without consent of the Parliament and imprisonment of subjects without due process of law. It was known as the Petition of Right which was later ratified by the King. The gist of the Petition of Right is the principles of no taxation without the Parliament's consent and due process of Common Law. In following days, the Petition of Right, with its principles and spirits had influentially restricted the King's privileges and the other power of governmental authority. No taxation without the Parliament's consent was becoming major means to limit the King's power, while due process of Common Law also was put limit to any possible arbitrary power manipulation. For Early Modern England, companying the separation of modern state and civil society, the principle of Right is superior to Power was undergoing chronical game process.Chapter 1: As the mercantilist forms of domestic and international economic growth pattern and the structure of the system crossing the threshold into the modern capitalist market economy from 16 to early 17 century, Early Modern England was facing socio-economic structural crisis, which was manifested in commodity marketing crisis in 1620s, population growth, accelerated urbanization and inflation and devaluation of gold and silver. These factors resulted in price increases and a general decline in people's living standard. At the same time, in the form of enclosure for the main land-use patterns of capitalism began to take shape. And royal finance was stormed by huge crisis of deficit. The dawn of a new social interest class represented by gentry has arrived. However, as the Commonwealth (political body) underwent painstaking growth, government of England was inability to control socio-economic crisis. As the Parliament acquiring additional power, rising social interest class tended to challenge domestic and foreign policies of the King through Parliament, especially House of Commons. Through this complicated game process, a limited Monarchy under Common Law (monarch sovereign system ruled by monarch) was well perceived in history.Chapter 2: Early Stuart, the House of Commons has already implemented petition as a formal procedure of Parliament legislation. In the early days of the reign of Charles I, Parliament went through many debates between opposition force with the King and its supporters, concerning government's behaviors of forced taxation without the Parliament's consent, illegal imprisonment of subjects without due process of law and martial law, and finally passed the Petition of Right. Charles I not only reserved his attitude in his two ratifications, but also ordered to abolish the original version of the Petition of Right attached to the second ratification. But from the perspective of first version printing and the evolution of following versions, the Petition of Right is actually jointly approved by the Parliament and the King, hence it functions its validity as Parliament Act(Statute Law).Chapter 3: From a general perspective of contents, the Petition of Right on the one hand proclaims freedom and rights that Parliament and subjects enjoyed since the earliest establishment of English tradition, on the other hand points out that those freedom and rights have been violated by recent policies and actions of forced loan, forced taxes, illegal procedure without jury, refusing to issue writ of habeas corpus and implementation of martial law, etc. Article 1 reaffirms the Acts of no taxation without the Parliament's consent. Article 2, 3, 4, and 5 concern the issue of illegal imprisonment by resisting forced loan and imposed benevolence. Article 6, 7, 8, and 9 are about illegal imprisonment, trial and punishment related to the enforcement of martial law. Article 10 generally reaffirms the principle of no taxation without the Parliament's consent and Common Law is superior to martial law of due process of law. Last of all, article 11 is a clause asking for approval. It denies the case status and priority of previous verdicts unsupervised by common law, and requires the King's approval of the Petition of Right.Chapter 4: Since the Petition of Right had been ratified in 1628, the King's opposition and subjects always quoted it or directly petitioned to the King to express their discontent concerning taxation and due process of law, etc. The Petition of Right is significant by manifesting the evolution of early modern formations of Socio-economic, Commonwealth and Common Law of England. The principle of no taxation without the Parliament's consent is solidified accompanying the transition of royal financial system to modern public financial system and the growth of social economy. Taxation by Parliament is becoming an important method to safeguard individual rights and to limit power of governmental authority. As new concept and system structure came into shape, the Commonwealth under monarch sovereignty has undergone transition to modern Parliament sovereign nation-state based on popular welfare. This process accelerated the real separation of modern state from civil society. And as Common Law gaining its independence of judicature, it set limits to power of governmental authority including the King's privileges and Parliament's power by its due process. This embodies the principle of Right is superior to Power—rule of Common Law.