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    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Coast, David 2016. Rumor and “Common Fame”: The Impeachment of the Duke of Buckingham and Public Opinion in Early Stuart England. Journal of British Studies, Vol. 55, Issue. 02, p. 241.

    Corbett, Niamh 2011. Parliamentary petitions: an untapped library resource. The Australian Library Journal, Vol. 60, Issue. 3, p. 218.

    Millstone, Noah 2011. Evil Counsel: The Propositions to Bridle the Impertinency of Parliament and the Critique of Caroline Government in the Late 1620s. The Journal of British Studies, Vol. 50, Issue. 04, p. 813.

    Handley, Robin 1986. Public order, petitioning and freedom of assembly. The Journal of Legal History, Vol. 7, Issue. 2, p. 123.


The Origins of the Petition of Right Reconsidered

  • J. A. Guy (a1)
  • DOI:
  • Published online: 01 February 2009

Whatever their differing interpretations of the prehistory of the Civil War, historians of early Stuart England have long recognized the unsolved problems raised by the parliament of 1628. Did Charles I abuse the legal procedures of King's Bench in the five knights’ case in order to defy the spirit of English ‘due process’ legislation? In starting the chain of events which led to the petition, who were the innovators? Why did the house of commons pass resolutions which were an absolute denial of Charles I's right of discretionary imprisonment in any circumstances? And why did M.P.s endure the ugliest parliamentary scenes before 1640 in their desire to secure an explanatory document in the spirit of their resolutions? In view of the wealth of literature on the petition, it is perhaps surprising that these issues have never been satisfactorily addressed.

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‘Opinion in the house of commons on the proposal for a petition of right, 6 May 1628’, English Historical Review, L (1935), 302–6;

C. S. R. Russell , Parliaments and English politics, 1621–1629 (Oxford, 1979), pp. 323–89;

G. R. Elton , ‘Studying the history of parliament’, and the same author's’ A reply’, both in Studies in Tudor and Stuart politics and government (Cambridge, 1974), II, 318.

’Procedure in the house of commons in the early Stuart period’, E.H.R. xcv (1980), 753—81.

V. Pearl , ‘Oliver St John and the “middle group’’ in the Long Parliament, August 1643-May 1644’, E.H.R. LXXXI (1966), 490519.

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The Historical Journal
  • ISSN: 0018-246X
  • EISSN: 1469-5103
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