4. If there ſhould happen any uncommon injury, or infringement of the rights before-mentioned, which the ordinary courſe of law is too defective to reach, there ſtill remains a fourth ſubordinate right appertaining to every individual, namely, the right of petitioning the king, or either houſe of parliament, for the redreſs of grievances. In Ruſſia we are told[1] that the czar Peter eſtabliſhed a law, that no ſubject might petition the throne, till, he had firſt petitioned two different miniſters of ſtate. In caſe he obtained juſtice from, neither, he might then preſent a third petition to the prince; but upon pain of death, if found to be in the wrong. The conſequence of which was, that no one dared to offer ſuch third petition; and grievances ſeldom falling under the notice of the ſovereign, he had little opportunity to redreſs them. The reſtrictions, for ſome there are, which are laid upon petitioning in England, are of a nature extremely different; and while they promote the ſpirit of peace, they 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 parliament in 1640: and, to prevent this, it is provided by the ſtatute 13 Car. II. ſt. 1. c. 5. that no petition to the king, or either houſe of parliament, for any alterations 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 country; and in London by the lord mayor, aldermen, and common council: nor ſhall any petition be preſented by more than two perſons at a time. But, under theſe regulations, it is declared by the ſtatute 1 W. & M. ſt. 2. c. 2. that the ſubject hath a right to petition; and that all commitments and proſecutions for ſuch petitioning are illegal.
5. The fifth and laſt auxiliary right of the ſubject, that I ſhall at preſent mention, is that of having arms for their defence, ſuitable to their condition and degree, and ſuch as are allowed by
- ↑ Monteſq. Sp. L. 12. 26.
