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 Constitution, Clause 41 (1777) 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 lawful 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." "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." XII XVII U. S. Consti- I, 8, (14) I, 8, (15) I, 8, (16) Amt. II (1791) Amt. III "And the legislature shall not make any law that shall subject any person to a capital or infamous punishment (excepting for the government of the army and navy) without trial by jury." "The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it." "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years." "To make Rules for the Government and Regulation of the land and naval Forces." "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions." "To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers and the Authority of training the Militia according to the discipline prescribed by Congress." "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law." (For State Constitutions, see Book III, §§ 62, 63, 290, 291, 293, 294, 295, 298). Magna Magna Carta, Caps. 28, 30, 31 Magna Henry III, 28 Edw. III, Mass. Body of Liberties, Clause 8 III. PROPERTY AND TRADE (a) PROPERTY The word "disseised" (see I, (a), above) relates to property. No constable or other royal bailiff shall take any man's corn or other chattels without immediate payment . . . nor shall the King, his sheriffs or bailiffs take any horses or carriages of freemen for carriage, or any man's timber . . . unless by consent of the owner. No constable nor his bailiff shall take corn or other chattels of any man. . . but he shall forthwith pay for the same. (See II, (a), above.) A man may not be "put out of Land or Tenement" but by due process of Law. "No mans Cattel or goods of what kinde soever shall be pressed or taken for any publique use or service, unlesse it be by warrant grounded upon some act of the generall Court, nor without such reasonable prices and hire as the ordinarie rates of the Countrie Virginia Mass. Decl. of Rights, I U. S. Constitution, Amt. V Amt. XIV, 1 Magna Cap. 41 Cap. 33 Magna Henry III, Statute of do afford. And if his Cattel or goods shall perish or suffer damage in such service, the owner shall be suffitiently recompenced." "... all men have certain rights. . . namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety." "... that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness." (No person shall) . . . "be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.” ... "Nor shall any State deprive any person of property without due process of law." (For State Constitutions, see Book III, §§ 13, 90–95, 130, 183.) (b) TRADE AND MONOPOLY "The City of London shall have all its ancient liberties and free customs as well by the lands as by the seas and so of all other cities, boroughs, towns and ports." In Henry III this is extended to the barons of the five ports. "All merchants shall have liberty safely to enter, to dwell and travel in and to depart from England for the purpose of commerce without being subjected to any evil tolls but only to the ancient and allowed customs except in time of war. ." Identical in Cap. 37 of the Charter of Henry III. All weirs in the Thames and Medway and throughout England shall be put down, except on the sea-coast. "No freeman shall be . . . disseised of his freehold or liberties or free customs." The last words relate to trade, and are expounded by Coke as including a prohibition of monopoly. All monopolies, all licenses to do, use or exercise anything Monopolies, against the tenor or purport of any law or statute, declared void. 21 James I, Cap. 3. 1623 Mass. Body "No monopolies shall be granted or allowed amongst us, but of Liberties of such new Inventions that are profitable to the Countrie and (9) that for a short time." Declaration of Independence, Clause 20 Virginia Bill of Rights, Sec. 4 Maryland Constitu tion, XXXIX (1776) Mass. Decl. of Rights, Clause VI "For cutting off our Trade with all parts of the world." "That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community but in consideration of publick services; which not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary." That monopolies are odious, contrary to the spirit of a free government and the principles of commerce; and ought not to be suffered. "No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public; and this title being in nature neither hereditary, nor transmissi |