Magna Mass. Body of Liberties Clause 46 Habeas Clause XI (c) EXTENT OF Bail and Punishment "A Freeman shall only be amerced. . . after the manner of the offence. . . saving to him his contenement . . . a merchant saving his merchandise, and a villein saving his wainage; the amercement in all cases to be assessed by the oath of honest men of the neighbourhood." "For bodilie punishments, we allow amongst us none that are inhuman, barbarouse, or cruel." That no "inhabitant . . . of England . . . shall or may be Corpus Act, sent prisoner into Scotland, Ireland, Jersey, Guernsey, Tangier . or places beyond the seas . . . within or without the dominions of his Majesty. .." Bill of Clause 10 Virginia Bill of Rights, Sec. 9 Mass. Decl. of Rights, Clause XXVI U. S. Constitution, Amt. VIII Mass. Body of Liberties, Clause 42 Clause 45 Clause 47 Habeas Corpus Act, Virginia See. 8 Mass. Decl. of Rights, XII U. S. Constitution, Amt. V "That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Copies the English Bill (10). "No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines or inflict cruel or unusual punishments." "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." (For State Constitutions, see Book III, §§ 121, 122, 123, 140, 141.) (d) TRIAL AND EVIDENCE "No man shall be twise sentenced by Civill Justice for one and the same Crime, Offence or Trespasse.' "No man shall be forced by Torture to confesse any Crime against himselfe nor any other unlesse it be in some Capitall case where he is first fullie convicted by cleare and suffitient evidence to be guilty" (after which he may be tortured to obtain evidence against his confederates yet not with such "as be barbarous and inhuman "). "No man shall be put to death without the testimony of two or three witnesses or that which is equivalent thereunto.” Forbids a second committal for the same offence. "... to be confronted with the accusers and witnesses, to call for evidence in his favour, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself. . . ." "No subject shall be compelled to accuse, or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, or his counsel, at his election. . . ." "Nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb." (For State Constitutions, see Book III, § 132, 137, 140.) (e) BILLS OF ATTAINDER "Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government." "No Bill of Attainder or ex post facto Law shall be passed." "No State shall . . . pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts. . . .” (For State Constitutions, see Book III, §§ 138, 141.) (f) SUSPENDING LAWS "That the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of Parliament, is illegal." is to the same effect but forbids the "dispensing with laws" and leaves out the clause about Parliament. "That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised." "The power of suspending the laws, or the execution of the laws ought never to be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for." (For State Constitutions, see Book III, §§ 126, 392.) (g) TREASON "No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature." "Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. "The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood or Forfeiture except during the Life of the Person attainted." (For State Constitutions, see Book III, § 150.) II. LAW (a) COMMON LAW, JUDGES (The right to law, in criminal matters, has necessarily been shown above in connection with Liberty. This heading relates to general matters.) “... unless by . . . the law of the land." (See I, above.), "To none will we sell, to none will we deny or delay right, or justice." Cap. 45 28 Edw. III, Chap. III Mass. Body of Liberties, Clause 2 Petition of Bill of Act of Set- Virginia Declaration of Independence, Clause 13 Clause 24 New York tion, Clause Mass. Decl. of Rights, XI XV "Justices, constables, sheriffs, and bailiffs shall only be appointed of 'such as know the law and mean duly to observe it."" "No man . . . shall be . . . put out of land or tenement nor disinherited . . . without being put in Answer by due Process of the Law." "Every person within this Jurisdiction, whether Inhabitant or forreiner shall enjoy the same justice and law, that is generall for the plantation, which we constitute and execute one towards another without partialitie or delay." Cites Magna Carta and 28 Edw. III as above and denounces the acts complained of as "against the laws and free customs of the realm" (clauses II, VI, VII, VIII, IX), “the laws and franchise of the land" (X). That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious. "That . . . judges' commissions be made quamdiu se bene gesserint, and their salaries ascertained and established; but upon the Address of both Houses of Parliament, it may be lawfull to remove them." No men can be "bound by any law to which they have not [by their representatives] assented. ." See Government, below. "That in controversies respecting property, and in suits between man and man, the ancient trial by jury of twelve men is preferable to any other and ought to be held sacred." "He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries." "For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies." "... the legislature of this State shall at no time hereafter institute any new court or courts, but such as shall proceed according to the course of the common law." "Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; - completely, and without any denial; promptly, and without delay; conformably to the laws." "In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it." Mass. Decl. of Rights, XXIX U. S. Consti- Amt. V Amt. XIV, 1 Magna Cap. 20 Cap. 34 Virginia Bill of Rights (8) Declaration of Independence, Clause 17 Clause 23 Maryland tion, Clause U. S. Consti- "It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial, and independent as the lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well; and that they should have honorable salaries ascertained and established by standing laws." (The Virginia Bill of Rights implies this principle; see III (d), below. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. "No person shall be . . . without due process of law . . ." "... Nor shall any State deprive without due process of law, nor deny to any person the equal protection of the laws." " (For State Constitutions, see Book III, §§ 70, 72, 73, 74, 76, 130.) (b) LOCAL COURTS "Common pleas shall not follow the King's Court, but be held in some certain place." Fines to be assessed by honest men of the neighbourhood (see I, (c), above). The writ called Præcipe shall not in future be issued, so as to cause a freeman to lose his court. "He has combined with others to subject us to a jurisdiction foreign to our Constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation." "For transporting us beyond Seas to be tried for pretended offences." "That the trial of facts where they arise is one of the greatest securities of the lives, liberties, and estates of the people." "In criminal prosecutions, the verification of facts, in the vicinity where they happen, is one of the greatest securities of the life, liberty, and property of the citizen." "The trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed." (See for State Constitutions, Book III, § 133.) Petition of Clauses Clause х Bill of Clause 6 Virginia Declaration of Independence, Clause 15 Clauses 18, 19 Mass. Decl. of Rights, XXVII XXVIII (c) MARTIAL LAW, RIGHT TO ARMS, ETC. "... of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to sojourn, against the laws and customs of this realm, . . ." "... certain persons have been appointed commissioners, with power and authority to proceed . . according to . . martial law . . . and by such summary course and order as is agreeable to martial law, and as is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial. By pretext whereof some of your Majesty's subjects have been by some of the said commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might and by no other ought, to have been judged and executed." ". . . and that the foresaid commissions, for proceeding by martial law, may be revoked and annulled that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come." "That the subjects which are Protestants may have arms for their defence suitable to their conditions, and as allowed by law." "That the raising or keeping a standing army, within the kingdom in time of peace, unless it be with consent of Parliament, is against law." "That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies in time of peace should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power." "He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures." "For quartering large bodies of armed troops among us: For protecting them, by a mock Trial, from punishment for any murders which they should commit on the inhabitants of these States." "In time of peace, no soldier ought to be quartered in any house without the consent of the owner; and in time of war such quarters ought not be made but by the civil magistrate, in a manner ordained by the legislature." "No person can in any case be subject to law-martial, or to any penalties or pains, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature." |