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In English law
English law

English law is the Legal systems of the world of England and Wales, and is the basis of common law legal systems used in most Commonwealth of Nations countriesand the United States ....
, a petition of right was a remedy available to subjects to recover property from the Crown
The Crown

Throughout the Commonwealth realms, the Crown is an abstract metonymy concept which represents the legal authority for the existence of any government....
.

Before the Crown Proceedings Act 1947
Crown Proceedings Act 1947

The Crown Proceedings Act 1947 is an Act of Parliament passed by the Parliament of the United Kingdom that allowed, for the first time, civil actions against the Crown to be brought in the same way as against any other party....
, the British
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
 Crown could not be sue
Lawsuit

In law, a lawsuit is a civil action brought before a court in which the party commencing the action, called the plaintiff, seeks a legal remedy or equitable remedy....
d in contract
Contract

A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act which is enforceable in a court of law. It is a binding legal agreement....
. However, as it was seen to be desirable that Crown contractors could obtain redress, lest they be inhibited from taking on such work, the petition of right came to be used in such situations, especially after the Petitions of Right Act 1860
Petitions of Right Act 1860

The Petitions of Right Act 1860 was an Act of Parliament passed by the Parliament of the United Kingdom that codified and simplified the process of obtaining a petition of right....
 simplified the process. Before the petition could be heard by the courts, it had to be endorsed with the words fiat justitia on the advice of the Home Secretary
Home Secretary

The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office and is one of the Great Offices of State....
 and Attorney-General.






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Encyclopedia


In English law
English law

English law is the Legal systems of the world of England and Wales, and is the basis of common law legal systems used in most Commonwealth of Nations countriesand the United States ....
, a petition of right was a remedy available to subjects to recover property from the Crown
The Crown

Throughout the Commonwealth realms, the Crown is an abstract metonymy concept which represents the legal authority for the existence of any government....
.

Before the Crown Proceedings Act 1947
Crown Proceedings Act 1947

The Crown Proceedings Act 1947 is an Act of Parliament passed by the Parliament of the United Kingdom that allowed, for the first time, civil actions against the Crown to be brought in the same way as against any other party....
, the British
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
 Crown could not be sue
Lawsuit

In law, a lawsuit is a civil action brought before a court in which the party commencing the action, called the plaintiff, seeks a legal remedy or equitable remedy....
d in contract
Contract

A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act which is enforceable in a court of law. It is a binding legal agreement....
. However, as it was seen to be desirable that Crown contractors could obtain redress, lest they be inhibited from taking on such work, the petition of right came to be used in such situations, especially after the Petitions of Right Act 1860
Petitions of Right Act 1860

The Petitions of Right Act 1860 was an Act of Parliament passed by the Parliament of the United Kingdom that codified and simplified the process of obtaining a petition of right....
 simplified the process. Before the petition could be heard by the courts, it had to be endorsed with the words fiat justitia on the advice of the Home Secretary
Home Secretary

The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office and is one of the Great Offices of State....
 and Attorney-General. This Latin phrase was normally translated as "Let right be done".

One of the most famous causes célèbres
Cause célèbre

A cause c?l?bre is an issue or incident arousing widespread controversy, outside campaigning and heated public debate. It is particularly used for prolific and long-running legal cases....
 in English law, the Archer-Shee case
George Archer-Shee

George Archer-Shee became a United Kingdom cause c?l?bre in 1910 when the issue of whether he stole a five shilling Postal Order ended up being decided in the High Court of Justice....
, arose out of proceedings on a petition of right.

Section 1 of the Crown Proceedings Act 1947 allows claims for which a petition would previously have been demanded to be brought in the courts directly as against any other defendant. However, a petition and fiat still appear to be necessary for personal claims against the monarch.

HI.

Claims allowed

A petition of right was available:
  • To obtain restitution of real
    Real property

    In the common law, real property refers to one of the two main classes of property, the other class being personal property . Real property generally encompasses Estate in land, land improvements resulting from human effort including buildings and machinery sited on land, and various property rights over the preceding....
     or personal property
    Personal property

    Personal property is a type of property. In the common law systems personal property may also be called chattels or personalty. It is distinguished from real property, or real estate....
     of the subject which has found its way into the hands of the Crown, or compensation if restitution could not be made; or
  • To recover damages
    Damages

    In law, damages refer to the money paid or awarded to a claimant , pursuer or plaintiff following a successful claim in a lawsuit....
     for breach of a contract
    Breach of contract

    Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....
     made on behalf of the Crown, whether the breach was due to the acts or the omissions of servants of the Crown.


Where the Crown was in possession of the property of the applicant, and the title
Title (property)

Title is a law term for a bundle of rights in a piece of Possession in which a party may own either a legal interest or an Equitable_interest The rights in the bundle may be separated and held by different parties....
 of the Crown appeared by record, as by inquest of office, the remedy was somewhat different and was called monstrans de droit. Petition of right was not available in respect of engagements in the naval
Royal Navy

The Royal Navy of the United Kingdom is the oldest of the British Armed Forces . From the mid-18th century until well into the 20th century, it was the most powerful navy in the world, playing a key part in establishing the British Empire as the dominant world power from 1815 until the early 1940s....
, military
British Army

The British Army is the Army branch of the British Armed Forces. It came into being with the unification of the Kingdoms of Kingdom of England and Kingdom of Scotland into the Kingdom of Great Britain in 1707....
 or civil service
Civil service

The term civil service has two distinct meanings:* Branch of governmental service in which individuals are hired on the basis of merit which is proven by the use of competitive examinations....
, which, were not generally considered as contracts of employment
Employment contract

A contract of employment is a category of contract used in labour law to attribute right and responsibilities between parties to a bargain. On the one end stands an "employee" who is "employed" by an "employer"....
 but as appointments enjoyed during the pleasure of the Crown. This relationship based on the royal prerogative
Royal Prerogative

The Royal Prerogative is a body of customary authority, privilege, and immunity, recognised in common law and, sometimes, in Civil law jurisdictions possessing a monarchy as belonging to the Sovereign alone....
 only ended in 1996. Nor was the action available for breach of public duty, e.g. a failure to perform treaty
Treaty

A Treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. A Treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc....
 obligations, nor for trespass
Trespass

Trespass is a legal concept, which refers to intrusion into another person's property. Trespass to land is a type of trespass, which can cause criminal or a tort liability....
 or negligence
Negligence

Negligence is a Law concept in the common law legal systems usually used to achieve compensation for injuries . Negligence is a type of tort or delict ....
 or other tort
Tort

Tort law is the name given to a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations. A person who suffers legal damages may be able to use tort law to receive compensation from someone who is liability, or "liable," for those injuries....
s by Crown servants. Where such acts were wrongful the remedy was still by action against the official as an individual and not in his official capacity.

Procedure


Common law

At common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 the petition went through its earliest stages in Chancery
Chancery

Chancery may refer to:* Court of equity, also called a chancery court* One of the Court of Chancery * Chancery hand, a name for multiple styles of historic writing...
. The petition suggested a right disputing the title of the Crown, and the Crown endorsed the petition soit droit fait al partie. Then a commission was issued to inquire into the truth of the suggestion. After the return to the commission, the Attorney-General
Attorney General for England and Wales

Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is the chief legal adviser of the the Crown in England and Wales....
 filed a response and the merits were determined as in any inter partes
Inter partes

The term inter partes is the Latin for "between the parties", and it is the opposite of in rem.Lawsuits where all interested party have been served with adequate notices and are given a reasonable opportunity to attend and to be heard are referred to as inter partes proceedings or hearings....
 action. If the right was determined against the Crown, judgment of amoveas manes was given in favour of the applicant.

Scotland and Ireland

The law as to petitions of right applied to Ireland
Ireland

Ireland is the List of islands by area in Europe, and the twentieth-largest island in the world. It lies to the north-west of continental Europe and is surrounded by hundreds of islands and islet....
 but not to Scotland
Scotland

conventional_long_name = ScotlandAlba|common_name= Scotland|image_flag = Flag of Scotland.svg|flag_width = 130px...
, and a right to present such a petition was also thought to exist in colonies
British Empire

The British Empire comprised the dominions, Crown colony, protectorates, League of Nations mandate, and other Dependent territory ruled or administered by the United Kingdom , that had originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries....
 whose law was based on the common law of England. Ultimately, in many colonies legislation was passed with respect to claims against the government which made it unnecessary to resort to a petition of right.

Bibliography

  • [Anon.] (1911) "", Encyclopaedia Britannica
  • , pp770-771