Podcast – Charles I grants Royal Assent to the Petition of Rights

Charles I grants Royal Assent to the Petition of Rights
From the Book:
Colonial American History Stories – 1215 – 1664

Transcript:

Greetings, today I will talk about King Charles I granting the Petition of Right.

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In a pinch for money, English King Charles I ratifies the Petition of Right. This document is still in force in England and many historians give it equal standing with the Magna Carta in terms of importance. Approved by both Houses of Parliament, Charles I agree to it so Parliament would provide funds for his Thirty Years War effort. It provided precedent for the 1641 Massachusetts Body of Liberties. Several amendments in the Bill of Rights in the United States Constitution also have roots in the Petition.
Charles I (November 19, 1600 – January 30, 1649)
The second son of King James VI of Scotland, Charles traveled to England in 1603 to live. He became the Heir Apparent to the English throne when his older brother, Henry Frederick, Prince of Wales, died in 1612. His brother’s death also led to his claim to the Irish and Scottish thrones. He ascended the throne on February 2, 1626.
Charles was a fervent believer in the Divine Right of Kings. He believed he could rule without Parliamentary restraint. This belief led to conflicts with Parliament that eventually led to the English Civil War and his execution in 1649. His signing of the Petition of Right was a chapter in that tumultuous story. It was his behavior during the period the early portion of his reign that led to the Petition of Right.
Thirty Years War (1618 -1648)
The series of European wars began as a religious conflict within the Holy Roman Empire. It soon engulfed most of the major powers of Europe. The conflicts devastated entire regions, inflicting famine and destruction on millions of people. King James VI had involved the English in the War. However, most English saw a war as a conflict between the Catholics and newly emerging Protestants on the Continent. Parliament and the people soon grew tired of paying the taxes to support this war.
Royal Intransigence
When a new king ascended, it was custom for Parliament to grant the new king the right to collect Tonnage and Poundage taxes. These were essentially customs duties that Parliament granted the king for life. When Charles I ascended, they granted this right for only a year. When the year ended, Charles continued to collect the tax. Parliament also bequeathed him only about one-seventh the monies he needed to prosecute the war. Incensed, Charles dissolved Parliament. His need for funds continued to dog him, however, so he recalled Parliament. Once in session the body began investigating the misdeeds of Charles’s friend, Duke of Buckingham. To stop the possible impeachment, he dissolved Parliament again. He instituted a policy of “Forced Loans.” These were, in fact, taxes that Parliament had not authorized. Charles imprisoned anyone that did not pay the “loan.” Over seventy men refused to pay and the king incarcerated them. More people refused to pay and public opposition to Charles began to swell. To quell the discontent, Charles declared martial law. This decree suspended civil law and instituted decrees issued by the local commander of the military. Many of these commanders forced the civilian population to provide quarters for military personnel. Financially squeezed, the king recalled Parliament on March 27, 1628.
Debate
Parliamentary debate immediately commenced on the behavior of the king. The House of Commons passed a series of four resolutions. These dealt with illegal taxation and imprisonment. Another stated that people could not be imprisoned without charges (habeas corpus). The House of Commons passed it unanimously. The House of Lords passed it but the King refused it because resolutions had no force outside of Parliament. The House of Commons then decided to pass a petition, instead. They drafted the resolutions as a petition and presented it to the House of Lords on May 8. The Lords passed it after softening the language and amending it on May 12. They attached the declaration that they acted “not to lessen or impeach any thing which by the oath of supremacy [we had] sworn to assist and defend.” By this, they assured the king of their loyalty. This passed the Lords on March 26. The House passed this version and sent it to the King on May 27. King Charles assented to it on June 7, 1628.
The Petition of Right
The Petition of Right states that all Englishmen have “rights and liberties”. It stated that the King could not force any person to pay a gift, tax or loan without Parliamentary consent. It also decreed that the king could not detain anyone without formal charges. Another provision charged that the king could force no one to provide quarters for a soldier or sailor. It also limited the use of martial law.
Influence of the Petition of Right
The Third, Fifth, Sixth and Seventh Amendments to the Constitution of the United States draw their ancestry from it. One early governing document, the 1641 Massachusetts Body of Liberties also draws many of its tenets from the Petition.

The episode is based upon my book, Colonial American History Stories – 1215 – 1664, available on the web site, http://www.mossyfeetbooks.com. The book is the first book in the 6 volume Timeline of United States History Series . Discover some of the famous and almost forgotten historic stories of America. The story begins with the signing of the Magna Carta in 1215 and the beginnings of the concept of limited government and ends, for now, with the beginning of the American Revolution in 1775. The articles in the book have much more detail as well as articles not included in this podcast series.