{"id":"a-db-1808","name":"PETITION OF RIGHT 1627 3 CHAS 1 C 1","slug":"petition-of-right-1627-3-chas-1-c-1","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":233564,"registerId":"act-petition-of-right-1627-3-chas-1-c-1-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PETITION OF RIGHT 1627 3 CHAS 1 C 1","content":"Australian Capital Territory\nPetition of Right 1627\n3 Chas 1 c 1\nRepublication No 1\nRepublication date: 11 July 2002\nAuthorised by the ACT Parliamentary Counsel\n\nAbout this republication\nThe republished law\nThis is a republication of the Petition of Right 1627 3 Chas 1 c 1, including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes), as in force\non 11 July 2002. It also includes any amendment, repeal or expiry affecting the\nrepublished law.\nThe legislation history and amendment history of the republished law are set out in\nendnotes 3 and 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see\nthe ACT legislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been\nmade by an Act commencing on the republication date (see Legislation Act 2001, s 115\nand s 117). The changes are made if the Parliamentary Counsel considers they are\ndesirable to bring the law into line, or more closely into line, with current legislative\ndrafting practice.\nWhen preparing the authorised version of this republication amendments were made under\npart 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an\nuncommenced amendment, the symbol U appears immediately before the provision\nheading. The text of the uncommenced provision or amendment appears only in the last\nendnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision\nappears in the endnotes. For the legal status of modifications, see Legislation Act 2001,\nsection 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication\ndate is—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPetition of Right 1627\n3 Chas 1 c 1\nContents\nPage\n1 Reciting that by 34 Edw 1 St 4 c 1, by authority of Parliament\nholden 25 Edw 3, and by other laws of this realm, the King’s\nsubjects should not be taxed but by consent in Parliament 1\n2 And that commissions have of late issued on which proceedings\nhave been had contrary to law 2\n3 Reciting 9 Hen MC c 29 3\n4 Reciting 28 Edw 3 c 3 3\n5 And that divers subjects have been imprisoned without cause\nshown or cause of detainer certified 3\n6 And that soldiers have been dispersed in divers counties, and\ninhabitants compelled to receive them 4\n7 Reciting 25 Edw 3, and that commissions have issued under the\ngreat seal for proceedings according to martial law 4\n8 The Petition 5\n\nContents\nPage\nR1 Petition of Right 1627\n3 Chas 1 c 1\ncontents 2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes 7\n2 Abbreviation key 7\n3 Legislation history 8\n4 Amendment history 8\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPetition of Right 1627\n3 Chas 1 c 1\nThe Petition exhibited to His Majesty by the lords spiritual and\ntemporal and commons in this present Parliament assembled\nconcerning divers rights and liberties of the subject: with the\nKings Majesty’s royal answer thereunto in full Parliament.\nTo the King’s most excellent Majesty.\nHumbly shew unto our Sovereign lord the King the lords\nspiritual and temporal and commons in Parliament assembled\nthat:\n1 Reciting that by 34 Edw 1 St 4 c 1, by authority of\nParliament holden 25 Edw 3, and by other laws of this\nrealm, the King’s subjects should not be taxed but by\nconsent in Parliament\nWhereas it is declared and enacted by a Statute made in the time\nof the reign of King Edward the First commonly called Statutum\n\nSection 2\nR1 Petition of Right 1627\n3 Chas 1 c 1\npage 2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nde Tallagio non concedendo, that no tallage or aid should be\nlaid or levied by the King or his heirs in this realm without the\ngood will and assent of the archbishops, bishops, earls, barons,\nknights, burgesses and other the freemen of the commons of this\nrealm, and by authority of Parliament holden in the five and\ntwentieth year of the reign of King Edward the Third, it is\ndeclared and enacted, that from thenceforth no person should be\ncompelled to make any loans to the King against his will\nbecause such loans were against reason and the franchise of the\nland, and by other laws of this realm it is provided, that none\nshould be charged by any charge or imposition called a\nbenevolence nor by such like charge by which the statutes\nbefore mentioned and other the good laws and statutes of this\nrealm your subjects have inherited this freedom that they should\nnot be compelled to contribute to any tax, tillage, aid or other\nlike charge not set by common consent in Parliament.\n2 And that commissions have of late issued on which\nproceedings have been had contrary to law\nYet nevertheless of late divers commissions directed to sundry\ncommissioners in several counties with instructions have issued,\nby means whereof your people have been in divers places\nassembled and required to lend certain sums of money unto\nyour Majesty, and many of them upon their refusal so to do\nhave had an oath administered unto them not warrantable by the\nlaws or statutes of this realm and have been constrained to\nbecome bound to make appearance and give attendance before\nyour privy council and in other places; and others of them have\nbeen therefore imprisoned, confined and sundry other ways\nmolested and disquieted and divers other charges have been laid\nand levied upon your people in several counties by lord\nlieutenants, deputy lieutenants, commissioners for musters,\njustices of peace and others by command or direction from your\nMajesty or your privy council against the laws and free customs\nof the realm.\n\nSection 3\nR1 Petition of Right 1627\n3 Chas 1 c 1\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Reciting 9 Hen MC c 29\nAnd where also by the Statute called the Great Charter of the\nliberties of England, it is declared and enacted, that no freeman\nmay be taken or imprisioned or be disseised of his freehold or\nliberties or his free customs or be outlawed or exiled or in any\nmanner destroyed, but by the lawful judgment of his peers or by\nthe law of the land.\n4 Reciting 28 Edw 3 c 3\nAnd in the eight and twentieth year of the reign of King Edward\nthe Third it was declared and enacted by authority of\nParliament, that no man of what estate or condition that he be,\nshould be put out of his land or tenements nor taken nor\nimprisoned nor disherited nor put to death without being\nbrought to answer by due process of law.\n5 And that divers subjects have been imprisoned\nwithout cause shown or cause of detainer certified\nNevertheless against the tenor of the said statutes and other the\ngood laws and statutes of your realm to that end provided,\ndivers of your subjects have of late been imprisoned without\nany cause shown:\nAnd when for their deliverance they were brought before your\njustices by your Majesty’s writs of habeas corpus there to\nundergo and receive as the court should order, and their keepers\ncommanded to certify the causes of their detainer, no cause was\ncertified, but that they were detained by your Majesty’s special\ncommand signified by the lords of your privy council and yet\nwere returned back to several prisons without being charged\nwith anything to which they might make answer according to\nthe law.\n\nSection 6\nR1 Petition of Right 1627\n3 Chas 1 c 1\npage 4\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 And that soldiers have been dispersed in divers\ncounties, and inhabitants compelled to receive them\nAnd whereas of late great companies of soldiers and mariners\nhave been dispersed into divers counties of the realm, and the\ninhabitants against their wills have been compelled to receive\nthem into their houses, and there to suffer them to sojourn\nagainst the laws and customs of this realm and to the great\ngrievance and vexation of the people.\n7 Reciting 25 Edw 3, and that commissions have issued\nunder the great seal for proceedings according to\nmartial law\nAnd whereas also by authority of Parliament in the five and\ntwentieth year of the reign of King Edward the Third it is\ndeclared and enacted that no man should be forejudged of life or\nlimb against the form of the Great Charter and the law of the\nland, and by the said Great Charter, and other the laws and\nstatutes of this your realm no man ought to be adjudged to death\nbut by the laws established in this your realm, either by the\ncustoms of the same realm or by Acts of Parliament.\nAnd whereas no offender of what kind soever is exempted from\nthe proceedings to be used and punishments to be inflicted by\nthe laws and statutes of this your realm, nevertheless of late\ntime divers commissions under your Majesty’s great seal have\nissued forth, by which certain persons have been assigned and\nappointed commissioners with power and authority to proceed\nwithin the land according to the justice of martial law against\nsuch soldiers or mariners or other dissolute persons joining with\nthem as should commit any murder, robbery, felony, mutiny or\nother outrage or misdemeanour whatsoever, and by such\nsummary course and order as is agreeable to martial law and as\nis used in armies in time of war to proceed to the trial and\ncondemnation of such offenders, and them to cause to be\nexecuted and put to death according to the law martial.\n\nSection 8\nR1 Petition of Right 1627\n3 Chas 1 c 1\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nBy pretext whereof some of your Majesty’s subjects have been\nby some of the said commissioners put to death, when and\nwhere, if by the laws and statutes of the land they had deserved\ndeath, by the same laws and statutes also they might, and by no\nother ought to, have been judged and executed.\nAnd also sundry grievous offenders by colour thereof claiming\nan exemption have escaped the punishment due to them by the\nlaws and statutes of this your realm, by reason that divers of\nyour officers and ministers of justice have unjustly refused or\nforborne to proceed against such offenders according to the\nsame laws and statutes upon pretence that the said offenders\nwere punishable only by martial law and by authority of such\ncommissions as aforesaid. Which commissions and all other of\nlike nature are wholly and directly contrary to the said laws and\nstatutes of this your realm.\n8 The Petition\nThey do therefore humbly pray your most excellent Majesty,\nthat no man hereafter be compelled to make or yield any gift\nloan benevolence tax or such like charge without common\nconsent by Act of Parliament, and that none be called to make\nanswer or take such oath or to give attendance or be confined or\notherwise molested or disquieted concerning the same or for\nrefusal thereof.\nAnd that no freeman in any such manner as is before mentioned\nbe imprisioned or detained.\nAnd that your Majesty would be pleased to remove the said\nsoldiers and mariners and that your people may not be so\nburdened in time to come.\nAnd that the aforesaid commissions for proceeding by martial\nlaw may be revoked and annulled.\nAnd that hereafter no commissions of like nature may issue\nforth to any person or persons whatsoever to be executed as\n\nSection 8\nR1 Petition of Right 1627\n3 Chas 1 c 1\npage 6\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\naforesaid, lest by colour of them any of your Majesty’s subjects\nbe destroyed or put to death contrary to the laws and franchise\nof the land.\nAll which they most humbly pray of your most excellent\nMajesty as their rights and liberties according to the laws and\nstatutes of this realm, and that your Majesty would also\nvouchsafe to declare that the awards, doings and proceedings to\nthe prejudice of your people in any of the premises shall not be\ndrawn hereafter into consequence or example.\nAnd that your Majesty would be also graciously pleased for the\nfurther comfort and safety of your people to declare your royal\nwill and pleasure, that in the things aforesaid all your officers\nand ministers shall serve you according to the laws and statutes\nof this realm as they care for the honour of your Majesty and the\nprosperity of this Kingdom.\nQua Quidem petitione lecta & plenius intellecta per dictum\ndominum regem taliter est responsum in pleno parliamento\nvidelicet\nR° Soit droit fait come est desire1\n1 This petition, having been read and fully comprehended by the Lord King, the reply in\nfull parliament is this, namely:\nR(eply) It may be made law as it is desired.\n\nEndnotes\nAbout the endnotes 1\nR1 Petition of Right 1627\n3 Chas 1 c 1\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and\nthe amendment history. Current modifications are not included in the\nrepublished law but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3\nare annotated in the amendment history. Full details of any amendments can\nbe obtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation\nhistory and the amendment history. These details are underlined.\nUncommenced provisions and amendments are not included in the\nrepublished law but are set out in the last endnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\nIf the republished law includes penalties, current information about penalty\nunit values appears on the republication inside front cover.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter p = page\ncl = clause par = paragraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly prov = provision\ndiv = division pt = part\nexp = expires/expired r = rule/subrule\nGaz = Gazette reg = regulation/subregulation\nhdg = heading renum = renumbered\nIA = Interpretation Act 1967 reloc = relocated\nins = inserted/added R[X] = Republication No\nLA = Legislation Act 2001 s = section/subsection\nLR = legislation register sch = schedule\nLRA = Legislation (Republication) Act 1996 sdiv = subdivision\nmod = modified / modification sub = substituted\nNo = number SL = Subordinate Law\nnum = numbered underlining = whole or part not commenced\no = order or to be expired\nom = omitted/repealed\n\nEndnotes\nLegislation history 3\nR1 Petition of Right 1627\n3 Chas 1 c 1\npage 8\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a UK Act—The Petition of Right (1627) 3 Chas 1\nc 1 (UK). The Act was renamed as the Petition of Right 1627 when it was\nfirst republished under the Legislation Act 2001.\nThe Act was in force in NSW immediately before 1 January 1911 (the date\nof establishment of the ACT) and was continued in force by the Seat of\nGovernment Acceptance Act 1909 (Cwlth), s 6.\nUnder the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the\nAct had effect in the ACT as if it were an ACT law (subject to ordinances\nmade under the Seat of Government (Administration) Act 1910).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth),\ns 34 (4) converted most former UK laws in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and\nrepeal the laws. This Act was converted into an ACT enactment on 11 May\n1989 (self-government day).\nUnder the Interpretation Act 1967 (repealed), s 65 all former UK Acts in\nforce in the ACT immediately before 10 November 1999 (including this Act)\nbecame, for all purposes, laws made by the ACT Legislative Assembly. This\ncompleted the process of making former UK Acts fully into ACT laws.\nPetition of Right 1627 3 Chas 1 c 1\nas amended by\nImperial Acts Application Act 1986 A1986-93 s 5 and sch 3 pt 10\nnotified 12 January 1987 (Cwlth Gaz 1986 No S1)\ns 5 and sch 3 pt 10 commenced 12 January 1987 (s 2 (1))\n4 Amendment history\nThe Imperial Acts Application Act 1986 (the 1986 Act), sch 3, pt 10 set out\nthe text of this Act in an amended form and provided for the amended form\nto apply as the text of the Act in force in the ACT (see 1986 Act, s 5 (1), (4)\nand (5)).\nThis Act has not been amended since the enactment of the 1986 Act, except\nunder the Legislation Act 2001.\nName of Act\nam R1 LA\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at\nwww.legislation.act.gov.au\n© Australian Capital Territory 2002","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The text retains the original subject-matter and legal restraints set out in the 1627 Petition (restrictions on taxation without parliamentary consent, protections against arbitrary imprisonment, billeting and martial-law commissions). Its conversion into ACT law and the 1986 Act’s ‘amended form’ application altered venue and formal drafting, but did not change the substantive scope of the rights and prohibitions contained in the petition."},"complexity_factors":["Archaic source text and references to medieval statutes (e.g. Statutum de Tallagio, Magna Carta) which complicate plain reading.","Constitutional significance: intersects with principles of parliamentary consent to taxation and due process.","Historical-to-modern conversion: originally a UK petition, incorporated into ACT law via Seat of Government and Imperial Acts Application Acts, creating jurisdictional and canonical complexity.","Sparse procedural detail: prohibits practices but contains little on modern enforcement mechanisms.","Potential interpretive overlap with later statutes and common law on habeas corpus, taxation and defence powers."],"plain_english_summary":"This enactment preserves the 1627 Petition of Right as law in the ACT. Mechanically it prevents the Crown and its agents from levying taxes or compulsory loans without Parliament’s consent, forbids arbitrary imprisonment and billeting of soldiers, and rejects summary trials under martial law. It affects the executive (who must stop those practices) and subjects (whose liberty, property and homes are protected); Parliament and the courts, not royal commissions, control taxation and lawful process."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally a specific petition to King Charles I addressing grievances about forced loans, arbitrary imprisonment, billeting of soldiers, and martial law commissions in 1620s England. It has evolved from a reactive political petition into a permanent constitutional statute. Through the Imperial Acts Application Act 1986 and subsequent republication, it has been reframed as ongoing ACT legislation rather than a historical document. The scope has shifted from addressing specific 17th-century abuses to serving as a general constitutional safeguard, though its practical enforceability is largely superseded by modern human rights legislation and criminal procedure laws."},"complexity_factors":["Archaic 17th-century English syntax and vocabulary ('Whereas', 'divers', 'sundry', 'tenor', 'disseised')","Extensive historical cross-references to medieval statutes (34 Edw 1, 25 Edw 3, 9 Hen MC c 29, 28 Edw 3 c 3) requiring knowledge of centuries-old legal history","Complex sentence structures with multiple nested clauses typical of early modern legislative drafting","Latin conclusion ('Qua Quidem petitione...') with archaic French legal formula ('Soit droit fait')","Conceptual density: packs fundamental constitutional principles (taxation, habeas corpus, due process, martial law) into a single petition format rather than modern segmented sections","No defined terms section or modern interpretative aids — meaning derived from historical context and case law"],"plain_english_summary":"This is one of the most famous constitutional documents in English legal history, originally passed by the English Parliament in 1628 and now formally part of ACT law. It limits the power of the Crown (the government) over ordinary people in four key ways:\n\n**What it does:**\n- **No taxation without consent**: The King (or government) cannot force people to pay taxes, loans, or \"benevolences\" (basically forced gifts) without Parliament's approval.\n- **No imprisonment without cause**: The government cannot lock people up without showing legal cause, and must explain why someone is detained when a court demands it (via a writ of *habeas corpus* — a court order to bring a prisoner before the court).\n- **No forced quartering of soldiers**: The government cannot force ordinary households to house and feed soldiers against their will.\n- **No martial law in peacetime**: The government cannot use military courts (*martial law*) to try and execute civilians during times of peace — everyone must be tried by regular civilian courts using established legal procedures (*due process of law*).\n\n**Who it affects:**\nOriginally \"freemen\" (free men), but now understood to protect all people in the ACT. It binds the government and its officials, requiring them to follow the law rather than arbitrary royal commands.\n\n**Why it matters:**\nThis document established foundational principles of the rule of law — that even the monarch must obey the law, that Parliament controls the purse strings, and that individuals have rights against arbitrary government power. It influenced the US Bill of Rights and remains a symbolic cornerstone of Westminster constitutionalism. In the ACT, it has been \"republished\" (reformatted for modern readers) but retains its original 17th-century text."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/petition-of-right-1627-3-chas-1-c-1","history":"/api/acts/petition-of-right-1627-3-chas-1-c-1/history","analysis":"/api/acts/petition-of-right-1627-3-chas-1-c-1/analysis","conflicts":"/api/acts/petition-of-right-1627-3-chas-1-c-1/conflicts","importantCases":"/api/acts/petition-of-right-1627-3-chas-1-c-1/important-cases","documents":"/api/acts/petition-of-right-1627-3-chas-1-c-1/documents"}}