This is a Journal entry by T.B. Falsename ACE: [stercus venio] I have learned from my mistakes, and feel I could repeat them exactly.

To all you lucky bar stewards in England

Post 1

T.B. Falsename ACE: [stercus venio] I have learned from my mistakes, and feel I could repeat them exactly.

Those of you who are dreading the aproaching smoking ban should take comfort in the following. Taken from the Bill of Rights 1689, the larger exerpt can be found at the bottom.

"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;"

So say good bye to fixed penalty fines, or indeed any fine or fixed penalty, including bank charges, which were not handed out as punishment after you had been tried and convicted.

"That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;"

The cost of taking someone to court to convict them of doing 5mph over the speed limit or smoking in a pub is likely to be excessive in relation to the offence and so therefore will make a loss as a fine covering the costs would be unconstitutional and illegal

"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"

Or to put it another way these rights supercede all future laws and judgments. Not Law and/or judgement can go against these rights, nor can they be revoked.


smiley - cheers

The larger exerpt follows:

And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a 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 the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;

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 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 for 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;

That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;

That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;

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.


To all you lucky bar stewards in England

Post 2

NPY

Eeek, that's a long post!!

Have to say though that I'm quite looking forward to the smoking ban. Though it won't come in with me till next year. Always hate it whwn I go out for a meal and come back stinking of smoke. It's not a nice smell and it's not terribly healthy either


To all you lucky bar stewards in England

Post 3

Secretly Not Here Any More

I'm glad you've found a way round it. An on the spot fine for partaking in an activity which is legal, and which provides massive amounts of tax revenue? Ludicrous...


To all you lucky bar stewards in England

Post 4

NPY

Does seem a bit nuts. Just like that the tax on cigarettes pays for treatment of the lung cancers etc caused by smoking them. Daft!!


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