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NICHOLAS BAYARD. 537

guilty; who had his advantage in moving in arrest of judg-
ment, and might be relieved as to matter of law.

Mr. Emot, This ig not fair, to give the jury a handle to
find the prisoner guilty, in expectation of relief in arrest of
judgment; for they are judges both of law and fact, as the
ease is now circumstanced; if they will enslave themselves
and their posterity, and debar themselves of all access to
their prince, they will be worse than negroes.

The Cum Justice. This is not to be suffered, to offer
these things to the jury after they have received their charge;
therefore be silent. Then proceeding, he renewed his charge
to the jury, aggravating the supposed crimes for the space
of about half an hour.

Mr. Emot. I pray Your Honor to be heard one word.
(This request he often repeated, and, at last, it was granted
him.) The facts laid in the indictment were net proved, a8
to the disowning and easting off the government, encourag-
ing of mutiny in the soldiers, or disquieting the peace of the
government. Addressing the king is the undoubted right of
the subject, both by common law and acts of Parliament. If
the subject, for complaining of grievances, set forth by peti-
tion, is to be attainted of high treason, we are in a worse con-
dition than slaves.

Tho Curer Jusricz checked him, and commanded silence.

Mr, Nicholl. The act of Parliament to punish governors
in the plantations for oppressing the subject, is rendered
useless and of no effect, if the subjects are deprived of the Lib-
erty to complain, and set forth their grievances, by petition
to their king.

The Jury again retired and brought in a verdict of guilty.

THE SENTENCE.
March 10.
The Prisoner’s Counsel moved in arrest of judgment for
several reasons, the principal of which was that no act of
treason had been committed. These points were argued at
great length, but were all overruled by the Courr.

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