564 Slide – American State Trials 1918 Volume X Leo Frank Document

532 X. AMERICAN STATE TRIALS.

tment, By the course of the evidence, it appears, there was an
address to the king, an address to the house of commons, and
an address to my Lord Cornbury, and a petition or address to
the lientenant governor and conneil; but all the evidence is
very lame and weak, as to the three first, if we should admit
the making or signing of them to be any fault or crime, more
especially if the same should amount to treason; for by none
of the evidence does it appear that the prisoner signed these
addresses; here is not so much as the likeness or comparison
of hands produced, alleged, or proved, though if it were, that
would not do.

But I shall not dwell upon the evidence; it is certainly the
right of the subject to petition the king, whenever he con-
ceives himself aggrieved. In the Bishops’ trial, Mr. Pollex-
fen says, ‘I never thought it, nor hath it since been thought
by any body else, to be a crime to petition the king.’”? Ser-
geant Levinz affirma, ‘‘the subjects have a right of petition-
ing the king in all their grievances.”’ So say all our books of
law ; so says the statute of the 18th of Charles II; they may
petition. Sir Thomas Powys, then attorney general, ac-
knowledges that access to the king by petition is open to
every body; the most inferior person ia allowed to petition
the king. Mr. Justice Holloway says, ‘‘it is the birthright
of the subject to petition the king.’”? If it is the birthright
of the subject to petition the king, to procure or draw in
men to do what is their birthright to do can never amount
to a crime.

The Caer Jusrice. I do not say petitioning the king is
8 crime, but it may be to petition the House of Commons in
the plantations, where the king governs by prerogative.

Mr. Nicholl. I eannot think it is a crime for the subjects
of the plantations to petition the House of Commons; it is
every day’s practice. Consult the votea in every session, you
will find many addresses, petitions, and complaints from the
subjects of the plantations. It seerus to be the right of the
subjecta to petition the House of Commons. The statute of
the 18th of Charles IT, chap. 5, restraing the common law;