Preparation for Release
The Prison Services in England and Wales and in Scotland have a duty to prepare prisoners for release. Planning for safe release begins at the start of an offender's sentence and ties in with all training, education and work experience provided It is directed at equipping prisoners to fit back into society and to cope with life without re-offending. Full time education of 15 hours a week is compulsory for young offenders below school leaving age. For older offenders it is voluntary. Some prisoners study for public examinations, including those of the Open University. Physical education is voluntary for adult offenders, but compulsory for young offenders. Practically all prisons have physical education facilities. Inmates sometimes compete against teams in local community. Prison Industries aim to give wurk and experience which wiil assist prisoners when released. At the same time it reduces the cost of the prison system. The main industries are: clothing and textile manufacture, engineering, woodwork, farming, etc, Pre-release Programmes Pre-release programmes enable selected long-term prisoners to spend their last six months before release in certain hostels attached to prisons, to help them re-adapt to society. Hostellers work in the outside community and return to the hostel each evening. Weekend leave allows hostellers to renew ties with their families. All this is designed to help the inmates make the transition from prison to community. In Northern Ireland prisoners serving fixed sentences may have short periods of leave near the end of their sentences and at Christmas, Life-sentence prisoners are given a nine-month pre-release programme, which includes employment outside the prison. Innovative Programmes
Attempts to aid the prisoner's return to society have led to the development of several innovative programmes. Furloughs provide home visits of 48—72 hours for a prisoner nearing his release date; they are intended to aid in restoring family ties and in job Aftercarc Professional social work support is given to offenders following their release to help adjust on their return to society. All young offenders and all adult offenders sentenced to 12 months imprisonment and over are supervised on release by the probation service — or, in the case of certain young offenders, by local authority social services departments. Aftercare programmes are designed to protect public safety by monitoring inmates reintegration into the community while making sure they receive needed treatment and services. Existing aftercare programmes are effective in reducing juvenile recidivism. TASK 3. Answer the following questions: 1. What are the main trends in preparing prisoners for 2. What is the aim of pre-release programmes? 3, What innovative programmes are established to prisoner's return to society? 4, What are aftercare programmes designed for? TASK 4, Read the article below and comment on the statements given in bold type: Prisoners Prior to Release
In the past local prisons were used as pre-release centres, and indeed some of them still retain hostels for that purpose. Being near the court in which offenders are sentenced, they are also near the community into which short-term prisoners will be released. Therefore it would seem sensible that as many of these prisoners as possible should serve their sentences as near to that community as possible, and that long-term prisoners should be returned there for the last part of their sentence, so that the community, including the prisoner's family, can be included in work done with them prior to release, as envisaged in Lord Woolf s vision of community prisons. Bearing in mind how many prisoners come from inner-city areas, adjacent to large local prisons, it is believed that hostels are a development or a return to former practice, that could be examined with advantage. TASK 5. Render the following passage into English paying special attention to the words and expressions in bold type. В современном мире широко дискутируется вопрос о правах заключенных. Причем речь идет не о базовых правах для этой категории людей, а о праве на вполне цивилизованную жизнь в условиях заключения. Например, в Великобритании при многих тюрьмах построены гимнастические залы, открыты библиотеки Осуисдениые в английских тюрьмах занимаются физическим трудом, обучаются определенным видам ремесел, например, пошиву одежды, строительству зданий, столярному ремеслу, работе в прачечной, сельскохозяйственному труду, садоводству.
Осужденные в Великобритании могут повысить свой образовательный уровень. Так, для несовершеннолетних правонарушителей» еще не окончивших школу, 15 часов занятий в неделю обязательны. Совершеннолетние преступники могут получать образование на добровольной основе. Заключенным даже дается возможность подготовиться к экзаменам в Открытый Университет (заочная система образования). Цель этих программ — помочь осужденному найти работу, когда он будет отпущен на свободу, Подобное отношение к человеку, преступившему закон, очень важно в свете реабилитации личности преступника (что означает приспо- собление его к условиям жизни в обществе среди законопослушных граждан). Одна из причин существования: рецидивизма заключается в том, что, выйдя на свободу, человек сталкивается с враждебным отношением общества. Приобретение навыков, которые пригодятся человеку, отбывшему тюремное заключение, при выходе на свободу снижает вероятность того, что он снова встанет на преступный путь. TASK 6. Read trw e.x-convici's letter. What message does he -want to get across? An Ex-Prisoner's Testimony My reason for testifying publicly about areas of my life where the scars have still not healed is that I would like to help in the search for more satisfactory and more caring responses to the problems of delinquency. I come from what is euphemistically known as a working-class background, in other words from the underclass. I was one of seven children, and we were so poor that none of us was able to stay on at school beyond the minimum leaving age. In January 1993 I was arrested, with some of my childhood buddies, for a hold-up committed with a dummy weapon. Prison came as a brutal shock. The appalling physical conditions made me feel I had stepped back into an age of barbarity. The grim universe within the prison walls not only seemed out of touch with the outside world but to be embedded in a punitive mentality bordering on bestiality. I felt utterly isolated from the prison officers and my fellow inmates, I also felt cut off from myself, and this was not the least of the dangers I was up against. I soon learned what life in the jungle is all about. If you want to survive you can't afford to trust another living soul You start by withdrawing into a shell. Then, if you don't crack up, you get tougher, carefully concealing your slightest weaknesses. You have to think twice about every move you make. A misplaced word or glance could lead to all sorts of trouble. The pressure was so intense that whatever vague feelings of remorse I might have had gave way to a strong sense of injustice. When you're always on your guard you suffer physical and psychological harm that is impossible to measure. After serving four-and-a-half years of a six- year sentence, I came out broken and bent on revenge. Reintegration is a term that should be added to the list of empty, meaningless words. Mysteriously, everyone I contacted with a view to a job shied away as if they had been tipped off about me, I wondered for a long time whether life was worth living but loving support from my relatives helped me get back on my feet Whatever some people may think, it's never too late to start again But what a waste! Looking back, Г can't help thinking it could have been avoided. g dummy weapon * the underclass & to be bent on revenge «to be on one's guard » to be out of touch with smb./smth. ф to commit a hold-up о to contact smb. with a view to a job о to get tough «to shy away from smb. «to tip off about smb. TASK 8. Answer the following questions: 1. What prompted the young man's slide into a life of crime? 2. Why did prison come as a brutal shock? 3. Why did the young man feel cut off from himself in prison7 4. How did the employers know that the man was an ex-convict? TASK 9. Read the letter and answer the question; Would you help the ex-convict and why? The Inmate's Letter Dear NEEDED Friendл My name is Leonard Singleton. Very soon Г will be released from prison. I have no family support, no friends, no money, and no home to return to. At the time of my release I will be given $25 and a bus ticket and then released into the streets, homeless and alone, I was previously released under the same conditions, which resulted in my resorting to crime to provide housing, clothing, and food for myseli Just as you are sick and tired of the crime, the criminals and being victimized, please believe me, SO AM 1.1 am desperately tired of robbing, stealing and victimizing people. I never wanted to be a criminal I made a very serious mistake by getting involved with the wrong crowd, doing the wrong things. I lost my family, freedom, and integrity. I am ashamed of myself for disgracing, embarrassing; and hurting my family and innocent victims. My pain and shame for the crimes I formerly committed, goes beyond remorse and a plea for forgiveness. I cannot change the past, but I do ask for forgiveness and an opportunity to live a better life. 7 — 6660 I am asking you to help me with a fresh, new start. I need your help for construction tools and equipment, housing, clothing, food, utilities, household items, etc. With this help, I can put a roof over my head. I can focus on and acquire employment, and begin building a decent life. PLEASE HELP ME. PLEASE. I have no one else to turn to. If you try to understand my situation and need for your help, please address a donation, check, or money order. Liberty Savings Bank 330 West National Road Englewood, Ohio 45322-1496 I don't know what else to write to persuade you to help me. I do pray, God will touch your heart, to let you know I am sincere and worthy of your generous support. Thank you for reading my message, and thank you for giving me a second chance. Sincerely, Leonard Singleton TASK 10. Study the letters of two convicts together (Task 6 and Task 9). Compare the conclusions they arrived at on release. How did the community react to their attempts to fit back into society? f ™ ~ - ■■■■■ ■,:, Л . DEBATE; Reintegration: A Heal Process or a Meaningless Word?: Prepare your arguments for or against the statements below, Use the active vocabulary from the Unit. Divide into two groups — pro and ean, and conduct a debate. Appoint the 'Chair* of the debate who will give the floor to the speakers of both teams: > Society is not ready to accept ex-prisoners. They will always be objects of suspicion in the community. * Society helps prisoners make the transition from prison to ■.' the community, «It's never too late to start again.
PART L FAMOUS LEGAL DOCUMENTS THROUGHOUT HISTORY (EXTRACTS) Hammurabi's Code of Laws (1758 B.C.) Here is what the inscription on the sacred pillar says: ...Hammurabi, the protecting king am I. The great gods have called me... I am here to reign so that the strong might not injure the weak, in order to protect the widows and orphans, to bespeak justice in the land, to settle ail disputes, and heal all injuries, set up these my precious words, written upon my memorial stone, before the image of me, as king of righteousness. My words are well considered; there is no wisdom like unto mine. Let my name be ever repeated; let the oppressed, who has a case at law, come and stand before this my image as king of righteousness; let him read the inscription, and understand my precious words: the inscription will explain his case to him; he will find out what is just, and his hearL will be glad, so that he will say: "Hammurabi is a ruler, who is as a father to his subjects, who holds the words of Marduk in reverence, who has bestowed benefits for ever and ever on his subjects, and has established order in the land." 2. If any one brings an accusation against a man, and the accused goes to the river and leaps into the river, if he sinks in the river his accuser shall take possession of his house. But if the river proves that the accused is not guilty, and he escapes unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser. [...] 5. If a judge trying a case, reaches a decision, and presents his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgement. (3. If any one steals the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death. [...] 16. If any one receives into his house a runaway male or female slave, and does not bring it out at the public proclamation, the master of the house shall be put to death. [...] 21. If any one breaks a hole into a house (break in to steal), he shall be put to death before that hole and be buried. 22. If any one is committing a robbery and is caught, then he shall be put to death. [„,] 25. If fire breaks out in a house, and some one who comes to put it out casts his eye upon the property of the owner of the house, and takes the property of the master of the house, he shall be thrown into that self-same fire. [...] 109. If conspirators meet in the house of a tavern-keeper, and these conspirators are not captured and delivered to the court, the tavern-keeper shall be put to death. 112. If any one be on a journey and entrusts silver, gold, precious stones, or any movable property to another, and wishes to recover it from him; if the latter does not bring all of the property to the appointed place, but appropriate it to his own use, then shall this man, who did not bring the property to hand it over, be convicted, and he shall pay fivefold for all that had been entrusted to him, [...] 117. If any one fails to meet a claim for debt, and sells himself, his wife, his son, and daughter for money or gives them away to forced labor, they shall work for three years in the house of the man who bought them, or the proprietor, and in the fourth year they shall be set free. [...] 122. If any one gives another silver, gold, or anything else to keep, he shall show everything to some witness, draw up a contract, and then hand it over for safe keeping. [...] 125. If any one places his property with another for safe keeping, and there, either through thieves or robbers, his property and the property of the other man be lost, the owner of the house, through whose neglect the loss took place, shall compensate the owner for all that was given to him in charge. But the owner of the house shall try to follow up and recover his property, and take it away from the thief. [...] 129. If a man's wife is surprised with another man, both shall be tied and thrown into the water, but the husband may pardon his wife. [-.] 145. If a man takes a wife, and she bears him no children, and he intends to take another wife, if he takes this second wife, and brings her into the house, this second wife shall not be allowed equality with his wife, [...] 148. If a man takes a wife, and she be seized by disease, if he then desires to take a second wife he shall not put away his wife, who has been attacked by disease, but he shall keep her in the house which he has built and support her so long as she lives- [...] 165. If a man gives to one of his sons whom he prefers a field, garden, and house and if later the father dies, and the brothers divide the estate, then they shall first give him the present of his father, and he shall accept it; and the rest of the paternal property shall they divide. [...] 175, If a State slave or the slave of a freed man marries the daughter of a free man, and children are born, the master of the slave shall have no right to enslave the children of thu free, [...] 185. If a man adopts a child as his son, and rears him, this grown son cannot be demanded back again. [.,,] 192. If a son of a paramour or a prostitute says to his adoptive father or mother: "You are not my father, or my mother," his tongue shall be cut off. [.,.] 195. If a son strikes his father, his hands shall be hewn off. 196. If a man puts out the eye of another man, his eye shall be put out. 197. [f he breaks another man's bone, his bone shall be broken. 198. If he puts out the eye of a freed man, or breaks the bone of a freed man, he shall pay one gold mina. 1Q9. If he puts out the eye of a man's slave, or breaks the bone of a man's slave, he shall pay one-half of its value. 200. If a man knocks out the teeth of his equal, his teeth shall be knocked out. [...] 202. If any one strikes the body of a man higher in rank than he, he shall receive sixty blows with an ox-whip in public. [,..] 205. If the slave of a freed man strikes the body of a freed man, his ear shall be cut off. [...] 229 If a builder builds a house for some one, and does not construct it properly, and the house which he built falls in and kills its owner, then that builder shall be put to death. [...] 232. If a slave says to his master: "You are not, my master/1 if they convict him his master shall cut off his ear. The Laws of William the Conqueror (1066—1087) Here is set down what William, king of the Englishn established in consultation with his magnates after the conquest of England: 1. First that above all things he wishes one God to be revered throughout his whole realm, one faith in Christ to be kept ever inviolate, and peace and security to be preserved between English and Normans. 2. We decree also that every freeman shall affirm by oath and compact that he will be loyal to king William both within and outside England, that he will preserve with him his lands and honor with all fidelity and defend him against his enemies- 3,1 will, moreover, that all the men I have brought with me, or who have come after me, shall be protected by my peace and shall dwell in quiet. And if any one of them shall be slain, let the lord of his murderer seize him within five days, if he can; but if he cannot, let him pay me 46 marks of silver so long as his substance avails [..,] 5. We forbid also that any live cattle shall be bought or sold for money except within cities, and this shall be done before three faithful witnesses [...] 6. It was decreed there that if a Frenchman shall charge an Englishman with perjury or murder or theft or homicide, the Englishman may defend himself, as he shall prefer, either by the ordeal of hot iron or by wager of battle- But if the Englishman be unfirm, let him find another who will take his place. If one of them shall be vanquished, he shall pay a fine of 40 shillings to the king. If an Englishman shall charge a Frenchman and be unwilling to prove his accusation either by ordeal or by wager of battle, the Frenchman shall acquit himself by a valid oath. 7. All shall have and hold the law of the king Edward in respect of their lands and all their possessions, with the addition of those decrees I have ordained for the welfare of the English people. [...} 9.1 prohibit the sale of any man by another outside the country on pain of a fine to be paid in full to me. 10.1 also forbid that anyone shall be slain or hanged for any fault, but let his eyes be put out and let him be castrated. And this command shall not be violated under pain of a fine in full to me. The Magna Carta (1215) John, by the grace of God King of England, Lordof Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, Greeting. KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and heir's, to the honour of Godt the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry archbishop of Dublin, William bishop of London, [,„] and other loyal subjects: (1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections — a right reckoned to be of the greatest necessity and importance to it — and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity. TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs forever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs: (2) If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a 'relief', the heir shall have his inheritance on payment of the ancient scale of 'relief, [...j (3) But if the heir of such a person is under age and a ward, when he comes of age he shall have his inheritance without 'relief or fine. (4) The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same 'fee', who shall be answerable to us for the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same cfee\ who shall be similarly answerable to us. [...] (7) At her husband's death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband's house for forty days after his death, and within this period her dower shall be assigned to her. (8) No widow shall be compelled to many, so long as she wishes to remain without a husband. But she must give security that she will not marry without royal consent, it she holds her lands of the Crown, or without the consent of whatever other lord she may hold them of. (9) Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has movable goods sufficient to discharge the debt. A debtor's sureties shall not be distrained upon so long as the debtor himself can discharge his debt. If, for lack of means, the debtor is unable to discharge his debt, his sureties shall be answerable for it. If they so desire, they may have the debtor's lands and rents until they have received satisfaction for the debt that they paid for him, unless the debtor сад show that he has settled his obligations to them. [,..] (12) No 'scutage' or 'aid' may be levied in our kingdom without its general consent, unless it Is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For these purposes only a reasonable 'aid* may be levied 'Aids' from the city of London are to be treated similarly. (13) The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs. (14) To obtain the general consent of the realm for the assessment of an 'aid' — except in the three cases specified above — or a 'scutage', we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared. [...] (17) Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place. (18) Inquests of novel disseisin, mort dyancestory and darrein presentment shall be taken only in their proper county court. We ourselves, or in our absence abroad our chief justice, will send two justices to each county four times a year, and these justices, with four knights of the county elected by the county itself, shall hold the assizes in the county court, on the day and in the place where the court meets. (19) If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall afterwards remain behind, of those who have attended the court, as will suffice for the administration of justice, having regard to the volume of business to be done. (20) For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondinglyr but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood. (21) Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence. [...] (23) No town or person shall be forced to build bridges over rivers except those with an ancient obligation to do so. (24) No sheriff, constable, coroners, or other royal officials are to hold lawsuits that should be held by the royal justices. [...] (28) No eoastable or other royal official shall take corn or other movable goods from any man without immediate payment, unless the seller voluntarily offers postponement of this. (29) No constable may compel a knight to pay money for castle- guard if the knight is willing to undertake the guard in person, or with reasonable excuse to supply some other fit man to do it A knight taken or sent on military service shall be excused from castle- guard for the period of this service. [...] Neither we nor any royal official will take wood for our castle, or for any other purpose, without the consent of the owner. We will not keep the lands of people convicted of felony in our hand for longer than a year and a day, after which they shall be returned to the lords of the 'fees' concerned. [...] (35) There shall be standard measures of wine, ale, and corn (the London quarter), throughout the kingdom. [...] (38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it, (39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land. (40) To no one will we sell, to no one deny or delay right or justice, (41) All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with ancient and lawful customs. This, however, does not apply in time of war to merchants from a country that is at war with us. Any such merchants found in our country at the outbreak of war shall be detained without injury to their persons or property, until we or our chief justice have discovered how our own merchants are being treated in the country at war with us. If our own merchants are safe they shall be safe too. (42)In future it shall be lawful for any man to leave and return to our kingdom unharmed and without fear, by land or water, preserving his allegiance to us, except in time of war, for some shor t period, for the common benefit of the realm. People that have been imprisoned or outlawed in accordance with the law of the land, people from a country that is at war with us, and merchants — who shall be dealt with as stated above — are excepted from this provision. [...] (45) We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well. [...] (52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. In eases of dispute the matter shall be resolved by the judgement of the twenty-five barons referred to below in the clause for securing the peace. In cases, however, where a man was deprived or dispossessed of something without the lawful judgement of his equals by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. On our return from the Crusade, or if we abandon it, we will at once render justice in full. [...] (54) No one shall be arrested or imprisoned on the appeal of a woman for the death of any person except her husband. [...] (56) If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them. [...] (57) In cases where a Welshman was deprived or dispossessed of anything, without the lawful judgement of his equals, by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader But on our return from the Crusade, or if we abandon it, we will at once do full justice according to the laws of Wales and the said regions, [...j (60) All these customs and liberties that we have granted shall be observed in our kingdom in so far as concerns our own relations with our subjects. Let all men of our kingdom, whether clergy or laymen, observe them similarly in their relations with their own men. (61) SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering of our kingdom, and to allay the discord that has arisen between us and our barons, and since we desire that they shall be enjoyed in their entirety, with lasting strength, for ever, we give and grant to the barons the following security: The barons shall elect twenty-five of their number to keep, and cause to be observed with all their might, the peace and liberties granted and confirmed to them by this charter. If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or ti'ansgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us — or in our absence from the kingdom to the chief justice — to declare it and claim immediate redress. If we, or in our absence abroad the chief justice, make no redress within forty days, reckoning from the day on which the offence was declared to us or to him, the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon. Having secured the redress, they may then resume their normal obedience to us. [.,.] If one of the twenty-five barons dies or leaves the country, or is prevented in any other way from discharging his duties, the rest of them shall choose another baron in his place, at their discretion, who shall be duly sworn in as they were. In the event of disagreement among the twenty-five barons on any matter referred to them for decision, the verdict of the majority present shall have the same validity as a unanimous verdict of the whole twenty-five, whether these were all present or some of those summoned were unwilling or unable to appear. The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be obeyed by others to the best of their power, [.,.] (62) We have remitted and pardoned fully to all men any ill-will, hurt, or grudges that have arisen between us and our subjects, whether clergy or laymen, since the beginning of the dispute. We have in addition remitted fully, and for our own part have also pardoned, to all clergy and laymen any offences committed as a result of the said dispute between Easter in the sixteenth year of our reign (i.e. 1215) and the restoration of peace. [..,] (63) IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, and that men in our kingdom shall have and keep all these liberties, rights, and concessions, well and peaceably in their fullness and entirety for them and their heirs, of us and our heirs, in all things and all places for ever. Both we and the barons have sworn that all this shall be observed in good faith and without deceit. Witness the above mentioned people and many others. Given by our hand in the meadow that is called Runnymede, between Windsor and Staines, on the fifteenth day of June in the seventeenth year of our reign (i,e. 1215: the new regnal year began on 28 May). -The Petition of Right (1628) To the King's most excellent majesty HUMBLY shew unto our sovereign lord the King, the Lords Spiritual and temporal, and commons in parliament assembled, That whereas it is declared and enacted by a statute made in the time of the reign of King Edward the First commonly called Statutum de tallagio поп concedendo, That no tallage or aid shall be laid or levied by the King or his heirs in this realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other freemen of the commonalty of this realm; (2) and by authority of parliament holden in the five and twentieth year of the reign of King Edward the Third, it is declared and enacted, That from thenceforth no person should be compelled to make any loans to the King against his will, because such loans were against reason and the franchise of the land; (3) and by other laws of this realm it is provided, That none should be charged by any charge or imposition called a benevolence, nor by such like charge; (4) by which the statutes before mentioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom, That they should not be compelled to contribute to any tax, tallage, aid or other like charge not set by common consent in parliament II. Yet nevertheless, of late divers commissions directed to sundry commissioners in several counties, with instructions, have issued; by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them, upon their refusal so to do, have had an oath administered unto them not warrantable by the laws or statutes of this realm, and have been constrained to become bound to make appearance and give attendance before your privy council and in other places, and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted; (2) and divers other charges have been laid and levied upon your people in several counties by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace and others, by command or direction from your Majesty, or your privy council, against the laws and free customs of the realm. III. And where also by the statute called The Great Charter of the liberties of England, it is declared and enacted, That no freeman may be taken or imprisoned, or be diseased of his freehold or liberties, or his free customs, or be outlawed or exiled, or in manner destroyed, but by the lawful judgment of his peers, or by the law of the land. IV. And in the eight and twentieth year of the reign of King Edward the Third, it was declared and enacted by authority of parliament, That no man of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disherited, nor put to death without being brought to answer by due process of law: V. Nevertheless against the tenor of the said statutes, and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause shewed; (2) and when for then1 deliverance they were brought before your justices by your Majesty's writs of Habeas Corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of thuir detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the lords of your privy council, and yet were returned back to several prisons, without being charged with any thing to which they might make answer according to the law: VI. And whereas 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, and to the great grievance and vexation of the people: VII And whereas also by authority of parliament, in the five and twentieth year of the reign of King Edward the Third, it is declared and enacted, That no man should be forejudged of life or limb against the form of the great charter and the law of the land; (2) and by the said great charter and other the laws and statutes of this your realm, no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of parliament: (3) and whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm: nevertheless of late time divers commissions under your Majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny or other outrage or misdemeanor whatsoever, 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: VIII. 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: IX. And also sundry grievous offenders, by colour thereof claiming an exemption, have escaped the punishments due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused or forborn to proceed against such offenders according to the same laws and statutes, upon pretence that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid: (2) which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm; X. They do therefore humbly pray your most excellent Majesty, That no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such-like charge, without common consent by act of parliament; (2) and that none be called to make answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof; (3) and that no freeman, in any such manner as is before-mentioned, be imprisoned or detained; (4) and that your Majesty would be pleased to remove the said soldiers and manners, and that your people may not be so burdened in time to come; (5) and that the aforesaid commissions, for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed, or put to death contrary to the laws and franchise of the land. XL All which they most humbly pray of your most excellent Majesty as their rights and liberties, according to the laws and statutes of this realm; and that your Majesty would also vouchsafe to declare, That the awards, doings and proceedings, to the prejudice of your people in any of the premises, shall not be drawn hereafter into consequence or example; (2) and that your Majesty would be also graciously pleased, for the further comfort and safety of your people, to declare your royal will and pleasure, That in the things aforesaid all your officers and ministers shall serve you according to the laws and statutes of this realm, as they tender the honour of your Majesty, and the prosperity of this kingdom. Qua quidem petitione lecta & plenius intellecta per dictum dominum regem taliter est responsum in pleno parliamento, viz. Soit droit fait come est desire. Reader. Part. I 199 The English Bill of Rights (1689) An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty- nine present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following: Whereas the late King James the Second, by the assistance of diverse evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom; By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament; By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament; By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law; By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law; By violating the freedom of election of members to serve in Parliament; And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly diverse jurors in trials for high treason which were not freeholders; And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects; And excessive fines have been imposed; And illegal and cruel punishments inflicted; All which are utterly and directly contrary to the known laws and statutes and freedom of this realm; And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did {by the advice of the Lords Spiritual and Temporal and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight [old style datej, in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in я full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare: That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal; That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than, the same is or shall be granted, is illegal; That it is the right of the subjects to petition the king, and all commitments and prosecutions lor such petitioning are illegal; 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 the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law; That election of members of Parliament ought to be free; That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament; That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; 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 liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example; to which demand of their rights they are particularly encouraged by the declaration of his Highness the prince of Orange as being the only means for obtaining a full redress and remedy therein. Having therefore an entire confidence that his said Highness the prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights which they have here asserted, and from all other attempts upon their religion, rights and liberties, the said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve that William and Mary, prince and princess of Orange, be and be declared king and queen of England, France and Ireland and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them, the said prince and princess, during their lives and the life of the survivor to them, and that the sole and full exercise of the regal power be only in and executed by the said prince of Orange in the names of ths said prince and princess during their joint lives, and after their deceases the said crown and royal dignity of the same kingdoms and dominions to be to the heirs of the body of the said princess, and for default of such issue to the Princess Anne of Denmark and the heirs of her body, and for default of such issue to the heirs of the body of the said prince of Orange. And the Lords Spiritual and Temporal and Commons do pray the said prince and princess to accept the same accordingly. Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of England, Franrp and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said Lords and Commons contained in the said declaration. And thereupon their Majesties were pleased that the said Lords Spiritual and Temporal and Commons, being the two Houses of Parliament, should continue to sit» and with their Majesties3 royal concurrence make effectual provision for the settlement of the religion, laws and liberties of this kingdom, so that the same for the future might not be in danger again of being subverted, to which the said Lords Spiritual and Temporal and Commons did agree, and proceed to act accordingly. And the said Lords Spiritual and Temporal and Commons, seriously considering how it hath pleased Almighty God in his marvellous providence and merciful goodness to this nation to provide and preserve their said Majesties' royal persons most happily to reign over us upon the throne of their ancestors, for which they render unto him from the bottom of their hearts their humblest thanks and praises, do truly, firmly, assuredly and in the sincerity of their hearts think, and do hereby recognize acknowledge and declare, that King James the Second having abdicated the government, and their Majesties having accepted the crown and royal dignity as aforesaid, their said Majesties did become, were, are and of right ought to be by the laws of this realm our sovereign liege lord and lady, king and queen of England, France and Ireland and the dominions thereunto belonging, in and to whose princely persons the royal state, crown and dignity of the said realms with all honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining are most fully, rightfully and entirely invested and incorporated, united and annexed. And for preventing all questions and divisions in this realm by reason of any pretended titles to the crown, and for preserving a certainty in the succession thereof, in and upon which the unity, peace, tranquility and safety of this nation doth under God wholly consist and depend, the said Lords Spiritual and Temporal and Commons do beseech their Majesties that it may be enacted, established and declared, that the crown and regal government of the said kingdoms and dominions, with all and singular the premises thereunto belonging and appertaining, shall be and continue to their said Majesties and the survivor of them during their lives and the life of the survivor of them, and that the entire, perfect and full exercise of the regal power and government be only in and executed by his Majesty in the names of both their Majesties during their joint lives; and after their deceases the said crown and premises shall be and remain to the heirs of the body of her Majesty, and for default of such issue to her Royal Highness the Princess Anne of Denmark and the heirs of the body of his said Majesty; and thereunto the said Lords Spiritual and Temporal and Commons do in the name of all the people aforesaid most humbly and faithfully submit themselves, their heirs and posterities for ever, and do faithfully promise that they will stand to, maintain and defend their said Majesties, and also the limitation and succession of the crown herein specified and contained, to the utmost of their powers with their lives and estates against all persons whatsoever that shall attempt anything to the contrary. And whereas it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a popish prince, or by any king or queen marrying a papist, the said Lords Spiritual and Temporal and Commons do further pray that it may be enacted, that all and every person and persons that is, are or shall be reconciled to or shall hold communion with the see or Church of Rome, or shall profess the popish religion, or shall marry a papist, shall be excluded and be for ever incapable to inherit, possess or enjoy the crown and government of this realm and Ireland and the dominions thereunto belonging or any part of the same, or to have, use or exercise any regal power, authority or jurisdiction within the same; and in all and every such case or cases the people of these realms shall be and are hereby absolved of their allegiance; and the said crown and government shall from time to time descend to and be enjoyed by such person or persons being Protestants as should have inherited and enjoyed the same in case the said person or persons so reconciled, holding communion or professing or marrying as aforesaid were naturally dead; And that every king and queen of this realm who at any time hereafter shall come to and succeed in the imperial crown of this kingdom shall on the first day of the meeting of the first Parliament next after his or her corning to the crown, sitting in his or her throne in the House of Peers in the presence of the Lords and Commons therein assembled, or at his or her coronation before such person or persons who shall administer the coronation oath to him or her at the time of his or her taking the said oath (which shall first happen), make, subscribe and audibly repeat the declaration mentioned in the statute made in the thirtieth year of the reign of King Charles the Second entitled, "An Act for the more effectual preserving the king's person and government by disabling papists from sitting in either House of Parliament51 But if it shall happen that such king or queen upon his or her succession to the crown of this realm shall be under the age of twelve years, then every such king or queen shall make, subscribe and audibly repeat the same declaration at his or her coronation or the first day of the meeting of the first Parliament as aforesaid which shall first happen after such king or queen shall have attained the said age of twelve years. All which their Majesties are contented and pleased shall be declared, enacted and established by authority of this present Parliament, and shall stand, remain and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the Lords Spiritual л and Temporal and Commons in Parliament assembled and by the authority of the same, declared, enacted and established accordingly II. And be it further declared and enacted by the authority aforesaid, that from and after this present session of Parliament no dispensation by non obstante of or to any statute or any part thereof shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of Parliament III. Provided that no charter or grant or pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty-nine shall be any ways impeached or invalidated by this Act, but that the same shall be and remain of the same force and effect in law and no other than as if this Act had never been made. The US, Declaration of Independence (1776) The Unanimous Declaration of the Thirteen United States of America When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.—We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness,—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.—Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world-—He has refused his Assent to Laws, the most wholesome and necessary for the public good.—He has forbidden his Governors to pass Laws of'immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them—He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only—He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.—He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.—He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within— He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new Appropriations of Lands,— He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers—He has made judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.—He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.—He has kept among us, in times of peace, Standing Armies, without the Consent of our legislatures.—He has affected to render the Military independent of and superior to the Civil power.—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 Legisl
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