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 the Bill 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 vioience of oppression.
As to the first and second of the subor dinate rights above-mentioned, see PAR LIAMENT, KING.
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 Charts, 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, ant differe mils, 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 Charts, 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 un 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 hut 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 1, 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 lax), or by any other arbitrary way whatsoever, to examine or draw 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, which are laid upon this 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, fir 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 illegal. 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 rank or property, lest his ignorance of the points whereon they are founded, should hurry him into faction and licen tiousness on the one hand, or a pusillani mous indifference, and criminal submis SiC11, on the other. And all these rights and liberties it is our birthright to enjoy entire, unless where the laws of our country have laid them under neces sary restraints. So that this review of our situation may fully justify the obser vation of a learned French author (of former times), who has professed that the English is the only nation in the world where political or civil liberty is the direct end of its constitution.