LIBERTY. 



injuries. The right of petitioning- the 

 King or parliament. The right of having 

 arms for defence. 



This last auxiliary right of the subjects 

 of having arms for their defence, suitable 

 to their condition and degree, and such 

 as are allowed by law, is declared by tiie 

 Hill of Rights ; and it is, indeed, a public 

 allowance, under due restrictions of the 

 natural right of resistance and self-preser- 

 vation, when the sanctions of society and 

 laws are found insufficient to restrain the 

 violence of oppression. 



As to the first and second of the subor- 

 dinate rights above-mentioned, see PAR- 

 LIAMENT, KIXG. 



With respect to the third and fourth, 

 some short information is here subjoined. 



Since the law is, in England, the su- 

 preme arbiter of every man's life, liberty, 

 and property, courts of justice must at 

 all times be open to the subject, and the 

 Jaw be duly administered therein. The 

 emphatical words of Magna Charta, c. 29, 

 spoken in the person of the King, who, 

 in judgment of law (says Sir Edward 

 Coke) is ever present, and repeating 

 them in all his courts, are these, " Nulli 

 vendemus, nulli negabimus, aut differe- 

 mus, rectum vel justitiam." To none 

 will we sell, to none will we deny, or de- 

 lay, right or justice. 



It is also ordained by Magna Charta, 

 c. 29, that no freeman shall be outlawed, 

 that is, put out of the protection and bene- 

 fit of the law, but according to the laws 

 of the land. By statutes 2 Edward III. c. 

 8. 11 Richard II. c. 10, it is enacted, that 

 no commands or letters shall be sent tin- 

 der the Great Seal, or the Little Seal, the 

 Signet or Privy Seal, in disturbance of 

 the law ; or to disturb or delay common 

 right, and though such commandments 

 should come, the judges shall not cease 

 to do right. This 'is also made a part of 

 their oath, by statute 11 Edward III. stat. 

 4. And by the Bill of Rights it is de- 

 clared, that the pretended power of sus- 

 pending or dispensing with laws, or the 

 execution of laws, by regal authority, 

 without consent of parliament, is illegal. 

 Not. only the substantial part, or judicial 

 decisions of the law, but also the formal 

 part, or method of proceeding, cannot be 

 altered but by parliament ; for, if once 

 those outworks were demolished, there 

 would be an inlet to all manner of inno- 

 vation in the body of the law itself. The 

 King, it is true, may erect new courts of 

 justice ; but then they must proceed ac- 

 cording to the old established forms of 

 the common law. For which reason it is 

 declared in the statute, 16 Charles I, c. 



10, upon the dissolution of the court of 

 star-chamber, that neither his Majesty nor 

 his Privy Council have any jurisdiction, 

 power, or authority, by English bill, pe- 

 tition, articles, or libel, (which were the 

 course of proceeding in the Star-Cham- 

 ber borrowed from the civil lavv), or by 

 any other arbitrary way whatsoever, to 

 examine or drasv into question, deter- 

 mine or dispose of the lands or goods of 

 any subjects of this kingdom ; but that 

 the same ought to be tried and deter- 

 mined in the ordinary courts of justice, 

 and by course of law. 



The right of petitioning the King, or 

 either house of parliament, for the re- 

 dress of grievances appertains to every in- 

 dividual in cases of any uncommon injury, 

 or infringement of the rights already par- 

 ticularized, which the ordinary course of 

 law is too defective to reach. The re- 

 strictions, for some there are, wliich are 

 laid upon tliis right of petitioning in Eng- 

 land, while they promote the spirit of 

 peace, are no check upon that of liberty ; 

 care only must be taken, lest, under the 

 pretence of petitioning, the subject be 

 guilty of any riot or tumult ; as happened 

 in the opening of the memorable parlia- 

 ment in 1640. And to prevent this, it is 

 provided by statute, 13 Charles II. stat. 1. 

 c. 5, that no petition to the King, or 

 either house of parliament, for any altera- 

 tion in church or state, shall be signed by 

 above twenty persons, unless the matter 

 thereof be approved by three justices of 

 the peace, or the major part of the grand 

 jury in the county ; and in London, by 

 the Lord Mayor, Aldermen, and Common 

 Council ; nor shall any petition be pre- 

 sented by more than ten persons at a 

 time. But under these regulations, it is 

 declared by the Bill of Rights, that the 

 subject hath a right to petition ; and that 

 all commitments and prosecutions for 

 such petitioning are illegaj. The sanction 

 of the grand jury may be given either at 

 the assizes or quarter sessions; the pun- 

 ishment for offending against the stat. 13 

 Charles II. not to exceed a fine of 1001. 

 and three months imprisonment. Upon 

 the trial of Lord George Gordon, the 

 Court of King's Bench declared, that they 

 were clearly of opinion, that this statute 

 was not in any degree affected by the 

 Bill of Rights. 



In the several articles above enume- 

 rated, consist the rights, or as they are 

 more frequently termed, the liberties, of 

 Englishmen. Liberties more generally 

 talked of than thoroughly understood ; 

 and yet highly necessary to be perfectly 

 known and considered by every man of 



