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10. That excessive bail ought not to be required, nor ex. sessive fines imposed, nor cruel and unusual punishments in. flicted :
11. That jurors ought to be duly impannelled and returned; and jurors which pass judgment upon men in trials for high 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 he!d frequently.
And they do claim, demand, and insist upon all and singular the premises, as their undoubted rights and liberties; and that no declarations, judgments, doings, or proceedings, to the prejudice of the people in any of the said premises, ough: in any wise to be drawn hereafter in consequence of example.
Again, in 1789, the National Assembly of France recog. nized and declared, in the presence of the Supreme Being, and in the hope of his blessing and favour, the following saered rights of men and citizens.
1. Men are born, and always continue, free and equal in respect to their rights. Civil distinctions, therefore, can be founded only on public 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.
3. The nation is essentially the source of all sovereignty, nor can any individual, or any body of men, be entitled to any authority which is not expressly derived from it.
4. Political 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 man the free exercise of the same rights; and these limits are determinable only by the laws.
5. The law ought to prohibit only actions hurtful to society. What is not prohibited by the law, should not be hindered; nor should any one be compelled to do that which the law does not require.
6. The law is an expression of the will of the community; all the people have a right to concur, either personally, or by their representatives, in its formation. It should be the same to all, whether it protects or punishes ; and all being equal in its sight, are equally eligible to all honours, places and em
ployments, according to their different abilities; without any other distinction than that created by their virtues and talents.
7. No man should be accused, arrested, or held in confinement, except in cases determined by the law; and according to the forms which it has prescribed. All who promote, solicit, execute, or cause to be executed, arbitrary orders, ought to be punished: and every person called upon or apprehended by virtue of the law, ought immediately to obey ; and he renders himself culpable by resistance.
8. The law ought to impose no other penalties than such as are absolutely and evidently necessary; and no one ought to be punished, but in virtue of a law promulgated before the offence, and legally applied.
9. Every man being presumed innocent, till he has been convicted, whenever his detention becomes indispensable, all rigour to him more than is necessary to secure his person, ought to be provided against by the law.
10. No man ought to be molested on account of his opinions, not even on account of his religious opinions ; provided his avowal of them does not disturb the public order estabJished 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 publish freely, provided he is responsible for any abuse of this liberty, in modes determined by the law.
12. 4 public force being necessary to give security to the rights of all the people, that force is instituted for the benefit of the cominunity, and not for the particular benefit of persons with whom it is entrusted.
13. A common 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 members of the community, according to their ability to pay.
14. Every person has a right, either by himself, or his representative, to a free voice in determining the necessity of public contributions: the appropriation of them and their amount; their mode of assessment, and their duration.
15. Every community has a right to demand of all its agents an account of their conduct.
16. Every community in which a security of rights is not provided for, by a separation of powers, wants a Constitution.
17. The right of property being inviolable and sacred, no one ought to be deprived of it, except in cases of evident pul
lic necessity, legally ascertained, and on condition of a previous just indemnity.
* Students who desire to become more intimately acqainted with these subjects, should consult Blackstone's Commentaries on the laws of England ; Delolme on the Constitution; Miller on the Constitution; or, Goldsmith's British Geography. On other public subjects, Smith on the Wealth of Nations, and Ganibl on Political Economy, are valuable works.
149. The enjoyment of private property, which is the stimulus of industry, and the foundation of social order, is secured by the common law of the land, and by the intervention of a jury; who decide in cases of private right, as well as in cases of public injury, or erime.
150. Property is divided into 'real and personal : real property consists of lands and their appendages, and of houses and other buildings; personal property signifies moveables, goods, cattle, and every thing, in which the holder has but a temporary interest.
151. Real property is held in fee-simple, i. e. by the party and his heirs forever ; or it is held by entail, i. e. by him and his own children, or by him, and afterwards to go to some particular person. Estates may also be occupied for life; or by lease on certain conditions, for a term of years; or at will, for an annual rent.
152. The house of peers consists of the Princes of the blood royal ; of Dukes, Marquises, Earls, Viscounts, and Barons. The public sign of their rank, and that which they bear on their carriages and seals, are their respective Coronets, given below.
The other ranks are Baroncts, distinguished by a bloody hand, quartered in the arms; and Knights, distinguished by their helmet; Esquires are so by creation, or office; and Gentlemen, having 3001. per annum in real property.