Charles I of England and the Petition of Right

Parliament Responds to Arbitrary Rule and Divine Right Kingship

Jan 13, 2009

By 1628 Parliament had endured years of unjust policies used by James I and Charles I in clear violation of Magna Carta and the freedoms and liberties of Englishmen.

Charles I came to the English throne in 1625, following his father, James I, and sharing his views of “Divine Right” kingship. Also like his father, Charles needed money and turned to Parliament for new revenues. Parliament, however, had its own grievances against the crown and endeavored to force Charles into accepting a document detailing the traditional rights of Englishmen and ending arbitrary practices endured at the hands of the king. That document was the 1628 Petition of Right.

Divine Right, the Puritan Covenant, and Royal Abuse

James I, coming to the English throne in 1603 upon the death of Elizabeth I, was a firm believer in the Divine Right theory of kingship. In essence, the king was responsible to God and no one else. Additionally, James was also the head of the Church of England or Anglican Church. Inheriting a near bankrupt throne, James proceeded to resurrect old medieval tax structures, forced nobles to grant loans, and increased revenue through commercial monopolies.

James, as did his son Charles, spent money recklessly, extravagantly, showering gifts on favorites and hosting elaborate festivals, parties, and entertainments. When Charles finally convened Parliament to ask for new taxes, the Commons, comprised of a vocal group of Puritans, demanded quid pro quo concessions.

Puritans rejected the idea of Divine Right. Puritans followed Calvinism which held that the king ruled by virtue of a “contract” with the people. The idea of a contract was closely connected to the Calvinist notions of the “covenant.” A series of binding agreements between God and his people formed the basis of righteous living.

The Petition of Right

The Petition of Right begins with various concerns regarding the “Rights and Liberties of the Subjects.” By recalling the 1215 Great Charter (Magna Carta), the Petition sought to establish due process for all Englishmen: Habeas Corpus. It asked for an end to forced taxation by the king and his agents and the elimination of a policy that used private homes to billet soldiers.

The Petition refers to the establishment of Parliament in 1295 under Edward I at which time precedent law dictated that no tax levies could be imposed by the king without the “good will and assent” of both houses of Parliament. Under Edward III, further reforms ended the practice of forced loans to the king. This provision was also addressed in Magna Carta.

Section IV addresses due process and section VI the use of private residences to house “soldiers and mariners.” Other sections address arbitrary and inconsistent punishments. In short, the Petition reminded the king that the laws of the realm were inviolate and that the monarch was not above the law.

Aftermath of the Petition of Right

Charles I agreed to the Petition and Parliament voted him the revenues he sought. Shortly thereafter, however, the king dismissed Parliament, rejected the Petition, and ruled for the next eleven years without that assembly.

Charles’ actions invigorated a strong opposition movement that would culminate in the 1642 English Civil War. Defeated and captured at Naseby in 1645, Charles would be tried by Parliament extremists for “treason against the people of England” and executed in 1649.

Historians speculate that if both James I and Charles I had agreed to and followed sincere compromises, events might have taken a different turn. The Petition of Right, in many ways, sought to restore traditional freedoms that had been violated by James I and Charles I. It was not a statement of radically new demands. By ignoring tradition freedoms that went back to Magna Carta, Charles I ultimately put himself in an untenable position, resulting in Civil War and his own death.

Sources:

Christopher Hibbert and David Starkey, Charles I: A Life of Religion, War and Treason (Palgrave Macmillan, 2007)

The copyright of the article Charles I of England and the Petition of Right in UK/Irish History is owned by Michael Streich. Permission to republish Charles I of England and the Petition of Right in print or online must be granted by the author in writing.