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composed of twelve honest and unexceptionable men,
143, By, our laws, wilful murder, forgery, house-breaking, house-burning, hors and sliceps stealing, rape, highway-robbery, cutting and maiming, piracy, coining, and treason against the king, are punishable with death.
144. Numerous other offences are also punishable with death;. but the sentence is generally commuted into transportation for life : smaller otiences involve transportation for fourteen or seven years; and petty ones are punished by imprisonment, whipping, pillory, burning in the land, or by fines.
145. A man who has committed a crime, is charged with it before a justice of the peace : who issues his warrant to the constable for his apprehension,
The justice commits him to the custody of the sheriff in the county gaol, on the vath of the accuser; who, at the assizes, must repeat his charge before the grand jury:
If they find a true bill, he is then tried before the petty jury; and, on being found guilty. receives from the judge, the sentence of the law.
146. Death is inflicted by hanging: transportation is made to Botany Bay, in New Holland ; but many such culprits are employed in England on board of hulks, or old ships: small offenders are sent to houses ol' correction, and kept to hard lahonr.
As the king W'the exrcutor of the laws, and ns all prosecutions are carried on in his, Dame, be has the power of pardoning eriminals.
147. The constitution of Cirent Britain se cures the liberty, as well as the good govern ment, of the people:
Because no law can be made, without the consent of their representatives in the flouse of Commons.
Because no tax can be imposed, unless it ori. ginates, and first panses, in that house. And
Because no man can be punished, in any way, without the consent of twenty-four of his peers, or equals: 1. e, by twelve of a grand, and twelve of a petit jury,
148. The public rights of Britons are also se cured by Magna Charta, by the Habeas Corpus Act, by the Bill of Rights, and by innumerable nets or statutes of parliament passed chiefly in the reiga of Edward the First, and William the Third.
Ob.,. The two most enllghtened countries in Barope, havink published the general principles of government, tbe one in a document, called the Bni ov Rianto, in 1049 nod the other in a DUO'LARATION OV Riants, in 1789, both are subjoined ns the most complete, aod the least objectionable summaries that were ever compiled on these subjects,
T'ho Lorda spirttuat and temporal, and Commans of Png land, being usermbled in a full and free representation or the nation, did, (ns their ancestors in like euse hud umbully dono) for vindicating and asserting their ancient righus and liberties, deelare,
1. That the pretended power of suspending of liwe. or for the execution of law., Hy regal authority, withou con of parliament, io illegal
That the pretended power of dispensing peith lows, or the execution of laws, by rega) authority, as it bach been assumed and exercised of late, is illegalo 3
3. That the commission for erecting the late court commissioners for ecclesinstical canses, and all other comniişsinns and courts of like nature, are illegal and pernicious :
4. That levying money for, or to the use of the crown, by pretence of prerogative, without grant of parliament, for longer time, or in all other manner than the game is or shall be granted, is illegal :
8. That it is the right of the subjects to petition the king s and all commitments and prosecutions for such petitioning are illegali:
6. That the raising or kceping a standing army within the kingdom in time of peace, unless it bo with consent of parliament, is against law :
1. That the subjects which are protestants may have arms for their defence, suitable to their conditions, and as allowed by law :
8. That election of members of parliament ought to be free:
9. That the freedom of speech, and debates or proceedings in parliament, onght not to be impeached or questioned in any court for place out of parliaincnt;
10. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishmeots indieted:
11. That jurors ought to be duly impannelled and returoed; and jurors which pass, judgment upon men in trials for bigh-treason ought to be freeholders :
12. That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void :
13. And that for redress of all grievances and for the amending, strengthening, and preserving of the laws parliaments ought to be held frequently.
And they do claim, demand, and insist upon all and singular the premises, as their undoubted rights and li-. herties , and that no declarations, judgments, dnings, or proceedinge, to the prejudice of the people in any of the
said prominee, ought in any wine to be drawn bercaster in consequeuce or example,
Again, in 1789, the National Assembly of France rem cognized and declared, in the presence of the Supreme Being, and in the hope of how blessing and favour, the following sacred rights of inen and citizens,
1. Men are born, and always continue, free and equal in respect of their rights. Civil distinctions, therefore, can be founded only on poblie utility.
2. The end of all political associations, is, the preservation of the natural and imprescriptible rights of man and these rights are liberty, property, security, and resistance of oppression.
9. The Nation is essentinlly the source of all sove. reignty, nor can any individual, or any body of men, be entitled to any authority which is not expressly derived from it.
4. Politiral liberty consisting in the power of doing whatever does not injure another; the exercise of the natural rights of every man, has no other limits than those which are necessary to secure to every other mau the free exercise of the same rights , and these limits are determinable only by the Inws.
8. The law ought to prohibit only nctions hurtful to society. What is not prohibited by the law, should not be hindered ; nor should any ouo be compelled to do that which the law does not require.
6. The law is an expression of the will of the comma. nity, all the people have a right to concur, either per sonally, or by their representatives, in its formation. It should be the same to all, whether it protecu or punishes i and all being equal in its sight, are equally eligible to all honours, planes, and employments, according to their different abilities i without any other distinction than that created by their virtues und talents.
7. No man should be necused, arrested, or held in con Anement, except in cases determined by the law, und arcording to the forms which te ha prescribed. All who promote, solicit, execute, or cause to be excited,
arbitrary orders, oight to be punished : and every person called upon or apprehended by virtne of the law, ought ivamediately to obey; and be renders himself culpable by resistance.
8. The law ought to impose no other penalties than such as are absolutely and evidently necessary i aud nu ope ought to be punished, but in virtue of a law promulgated before the ollence, and legally applied,
2. kvery man being presumed innocent, till ho han been convicted, whenever his detention becomes indispensable, all rigour to him more than is necessary to ne. cure his person, ought to be provided against by the law.
10. No muo orght to be molested on account of his opinions, not even on account of his religious opinions : provided his arowal of them does not disturb the public order established by the law.
11. The unrestrained communication of thoughts and opinions, being one of the most precious rights of man, every person may speak, write, and pablish freely, provided he is responsible for any abuse of this liberty, in modes determined by the law.
12. A publie force being necessary to give security to the rights of all the people, that force la instituted for the benefit of the community, and not for the particular benefit of persons with whom it is entrusted,
13. A cominon contribution being necessary for the support of the public force, and for defraying the other expenses of government, it ought to be divided equally among the membora of the community, according to their adility to pay.
14. Every person has a right, either by himsell, or his representative, to a free voica in determining the neces: sity of public contributions, the appropriation of them and their amount, their modo of assessment, and their daration.
15. Every community has a right to demand of all in agents, an account of their conduet,
10. Every community in which a security of rights is pot provided for, by a separation of powers, wants * Constitution.
17. The right of properly bring inviolable and sacred, ao owe ought to be dreprived of it, except in cases of