Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/159

Ch. 1. 4.&ensp; there hould happen any uncommon injury, or infringement of the rights before-mentioned, which the ordinary coure of law is too defective to reach, there till remains a fourth ubordinate right appertaining to every individual, namely, the right of petitioning the king, or either houe of parliament, for the redres of grievances. In Ruia we are told that the czar Peter etablihed a law, that no ubject might petition the throne, till, he had firt petitioned two different miniters of tate. In cae he obtained jutice from, neither, he might then preent a third petition to the prince; but upon pain of death, if found to be in the wrong. The conequence of which was, that no one dared to offer uch third petition; and grievances eldom falling under the notice of the overeign, he had little opportunity to redres them. The retrictions, for ome there are, which are laid upon petitioning in England, are of a nature extremely different; and while they promote the pirit of peace, they are no check upon that of liberty. Care only mut be taken, let, under the pretence of petitioning, the ubject 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 tatute 13 Car. II. t. 1. c. 5. that no petition to the king, or either houe of parliament, for any alterations in church or tate, hall be igned by above twenty perons, unles the matter thereof be approved by three jutices 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 hall any petition be preented by more than two perons at a time. But, under thee regulations, it is declared by the tatute 1 W. & M. t. 2. c. 2. that the ubject hath a right to petition; and that all commitments and proecutions for uch petitioning are illegal.

5.&ensp; fifth and lat auxiliary right of the ubject, that I hall at preent mention, is that of having arms for their defence, uitable to their condition and degree, and uch as are allowed by law.