Page:The Constitutions and Other Select Documents Illustrative of the History of France, 1789-1907, Second Edition, Revised and Enlarged.pdf/243

Rh 8. No one can be summoned into court, accused, arrested, or detained except in the cases determined by the law and according to the forms which it has prescribed.

9. Those who incite, promote, sign, execute, or cause to be executed arbitrary acts are guilty and ought to be punished.

10. Every severity which may not be necessary to secure the person of a prisoner ought to be severely repressed by the law.

11. No one can be tried until after he has been heard or legally summoned.

12. The law ought to decree only such penalties as are strictly necessary and proportionate to the offence.

13. All treatment which increases the penalty fixed by the law is a crime.

14. No law, either civil or criminal, can have retroactive effect.

15. Every man can contract his time and his services, but he cannot sell himself nor be sold; his person is not an alienable property.

16. Every tax is established for the public utility; it ought to be apportioned among those liable for taxes, according to their means.

17. Sovereignty resides essentially in the totality of the citizens.

18. No individual nor assembly of part of the citizens can assume the sovereignty.

19. No one can without legal delegation exercise any authority or fill any public function.

20. Each citizen has a legal right to participate directly or indirectly in the formation of the law and in the selection of the representatives of the people and of the public functionaries.

21. The public offices cannot become the property of those who hold them.

22. The social guarantee cannot exist if the division of powers is not established, if their limits are not fixed, and if the responsibility of the public functionaries is not assured.

Duties. 1. The declaration of rights contains the obligations of