Common Law Constitution — Numbered Source Digest v5
Working library draft v5. Stable internal references retained for the foundation liberties, Christian constitutional inheritance, Union settlement, sovereignty, external authority, and anti-arbitrary-power sources.
Drafting note: These are controlled working references, not official statutory section numbers.
Code
Foundation document
PR
Petition of Right
HC
Habeas Corpus Act
BR
Bill of Rights
AS
Act of Settlement
MC
Magna Carta 1297
CO
Coronation Oath Act 1688
CR
Claim of Right Act 1689 (Scotland)
US
Acts of Union with Scotland/England 1706–1707
UI
Union with Ireland Act 1800
TO
Toleration Act 1688/1689
Petition of Right — PR
PR.1 — No taxation, forced loan, benevolence, or similar charge without Parliament
Modern proposition: No tax, forced loan, benevolence, aid, tallage, levy, contribution, public imposition, or similar obligation may be imposed without common consent by Act of Parliament.
Original source extract — PR (Petition of Right)
No Tallage or Ayde should be layd or levyed ... without the good will and assent ... no person should be compelled to make any Loanes ... [or] contribute to any Taxe Tallage Ayde or other like Charge not sett by comon consent in Parliament.
PR.2 — No punishment or molestation for refusing unlawful demands
Modern proposition: A person may not be imprisoned, summoned, bound over, harassed, or otherwise disadvantaged for refusing an unlawful charge, public imposition, or demand.
Original source extract — PR (Petition of Right)
Upon their refusall ... [they] have been ... imprisoned confined and sondry other waies molested and disquieted.
PR.3 — No billeting of soldiers or mariners upon the people
Modern proposition: Members of the armed forces may not be quartered in private homes against the will of the inhabitants except under lawful, proportionate, parliamentary authority.
Original source extract — PR (Petition of Right)
Inhabitants against their wills have been compelled to receive [soldiers and mariners] into their houses.
PR.4 — No martial law in place of the ordinary law while the ordinary courts can act
Modern proposition: Martial law, military commission, or emergency jurisdiction may not replace the ordinary courts for ordinary offences while the ordinary law can administer justice.
Original source extract — PR (Petition of Right)
Comissions ... to proceed ... according to the Justice of Martiall Lawe ... are wholly and directlie contrary to the said Lawes and Statutes.
HC.2 — Produce the body and certify the true cause of detention
Modern proposition: Upon habeas corpus, the detaining authority must produce the detained person and certify the true cause of detention within strict time limits.
Original source extract — HC (Habeas Corpus Act)
Bring ... the Body of the Partie ... and ... certifie the true causes of his Detainer or Imprisonment.
HC.4 — Penalties for refusing the writ or withholding the warrant
Modern proposition: A public officer who refuses habeas corpus, refuses to produce the detained person, or withholds the warrant of commitment is personally answerable.
Original source extract — HC (Habeas Corpus Act)
If any Officer ... shall neglect or refuse to make the Returnes ... or to bring the Body ... [he shall] forfeite to the Prisoner or Partie grieved.
HC.5 — No recommittal after release on the same cause
Modern proposition: A person released on habeas corpus may not be re-detained for the same cause by a colourable variation of warrant, label, accusation, or detaining authority.
Original source extract — HC (Habeas Corpus Act)
Noe person ... sett at large upon any Habeas Corpus shall ... bee againe imprisoned ... for the same Offence ... Any colourable pretence or variation ... notwithstanding.
HC.6 — No removal from custody except by lawful writ or necessity
Modern proposition: A detained person may not be moved between prisons or officers to frustrate legal review, except by habeas corpus, other lawful writ, trial, discharge, or genuine necessity.
Original source extract — HC (Habeas Corpus Act)
The said person shall not be removed ... unlesse it be by Habeas Corpus or some other Legall Writt.
BR.4 — No foreign jurisdiction or external authority within the realm
Modern proposition: No foreign or external authority may exercise jurisdiction, power, superiority, pre-eminence, or authority within the realm except as lawfully received within the constitutional settlement.
Original source extract — BR (Bill of Rights)
Noe Forreigne Prince Person Prelate, State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authoritie ... within this Realme.
AS.1 — Further provision to secure laws and liberties
Modern proposition: Settlement of the constitution exists to secure the laws and liberties of the people, not merely to regulate office-holders or succession.
Original source extract — AS (Act of Settlement)
It is requisite and necessary that some further Provision be made for securing our Religion Laws and Liberties.
AS.2 — No war for non-UK territories or interests without Parliament
Modern proposition: The nation shall not be committed to war for territories, dominions, obligations, or interests not belonging to the United Kingdom without parliamentary consent.
Original source extract — AS (Act of Settlement)
This Nation be not obliged to ingage in any Warr for the Defence of any Dominions or Territories which do not belong to the Crown ... without the Consent of Parliament.
AS.5 — Crown, ministers, and officers must administer according to law
Modern proposition: All rulers, ministers, officers, servants, agencies, and public bodies must exercise power according to law.
Original source extract — AS (Act of Settlement)
Kings and Queens ... ought to administer the Government ... according to the said Laws and all their Officers and Ministers ought to serve them respectively according to the same.
Modern proposition: The constitutional settlement acknowledges the Christian inheritance of the realm and the independence of lawful religious and civil institutions within the law.
Original source extract — MC (Magna Carta 1297)
We ... have granted to God, and by this our present Charter have confirmed ... that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable.
Modern proposition: No person may be deprived of liberty, property, status, or protection except by lawful judgment and the law of the land.
Original source extract — MC (Magna Carta 1297)
No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs ... but by lawful judgment of his Peers, or by the Law of the Land.
CO.1 — Government according to the laws and customs of the realm
Modern proposition: The Crown and all public authority are sworn and entrusted to govern according to the laws and customs of the people, not by mere will.
Original source extract — CO (Coronation Oath Act 1688)
Will you solemnly Promise and Swear to Governe the People ... according to the Statutes in Parlyament Agreed on and the Laws and Customs of the same?
CO.3 — Christian profession without sectarian disability
Modern proposition: The Christian inheritance of the realm may be recognised as a constitutional foundation while obsolete sectarian exclusions are not revived.
Original source extract — CO (Coronation Oath Act 1688)
Will you ... maintain the Laws of God the true Profession of the Gospell and the Protestant Reformed Religion Established by Law?
Modern proposition: The conversion of lawful government into arbitrary power is a constitutional offence against law, liberty, and public trust.
Original source extract — CR (Claim of Right Act 1689 (Scotland))
By the advice of evil and wicked counsellors ... did invade the fundamentall constitution of this kingdom and altered it from a legall limited monarchy to ane arbitrary despotick power.
Modern proposition: The Union creates one political realm and one Parliament while preserving constitutional restraints and inherited liberties.
Original source extract — US (Acts of Union with Scotland/England 1706–1707)
The Two Kingdoms ... shall upon the First day of May ... be United into One Kingdom by the Name of Great Britain ... [and] represented by one and the same Parliament.
US.2 — Free intercourse, trade, and navigation within the Union
Modern proposition: Union entails free passage, commerce, trade, navigation, and lawful intercourse among the people of the realm.
Original source extract — US (Acts of Union with Scotland/England 1706–1707)
There be a Communication of all other Rights Privileges and Advantages which do or may belong to the Subjects of either Kingdom ... and a full Freedom and Intercourse of Trade and Navigation.
US.3 — Public law may be made common, but private right requires evident utility
Modern proposition: Laws concerning public right and policy may be harmonised throughout the Kingdom, but private rights, property, inheritance, courts, and local institutions should not be altered except for evident utility to those affected.
Original source extract — US (Acts of Union with Scotland/England 1706–1707)
The Laws concerning Regulation of Trade Customs and such Excises ... be the same ... but ... private Right ... may be altered ... only for the evident Utility of the Subjects within Scotland.
US.4 — Preservation of courts and administration of justice
Modern proposition: Local courts and institutions of justice may be preserved within the Union, subject only to lawful regulation for the better administration of justice.
Original source extract — US (Acts of Union with Scotland/England 1706–1707)
The Court of Session or Colledge of Justice do after the Union ... remain in all time coming ... subject nevertheless to such Regulations for the better Administration of Justice.
US.5 — Preservation of rights, privileges, and subjecthood
Modern proposition: The people of each part of the Kingdom are not internal foreigners, but enjoy the rights, privileges, and advantages of common subjecthood.
Original source extract — US (Acts of Union with Scotland/England 1706–1707)
The Subjects of the United Kingdom of Great Britain shall ... have full Freedom and Intercourse ... and a Communication of all other Rights Privileges and Advantages.
Modern proposition: The United Kingdom is a single constitutional realm represented in one Parliament, subject to the constitutional restraints of law and liberty.
Original source extract — UI (Union with Ireland Act 1800)
Great Britain and Ireland shall ... be united into one Kingdom ... [and] represented in one and the same Parliament.
UI.2 — Equal footing in trade, navigation, and privileges
Modern proposition: Union entails reciprocal privileges and equal footing in lawful trade, navigation, and intercourse between the peoples of the realm.
Original source extract — UI (Union with Ireland Act 1800)
The Subjects of Great Britain and Ireland shall ... be entitled to the same Privileges ... in respect of Trade and Navigation.
Modern proposition: The Christian inheritance of the realm supports civil peace, liberty of conscience, and the quiet exercise of lawful faith by peaceable persons.
Original source extract — TO (Toleration Act 1688/1689)
Some Ease to Scrupulous Consciences in the Exercise of Religion ... [for persons] not for any Matter of their Religious Worship ... provided that such Meeting be not with the Doors locked barred or bolted.