Version 10.3 source apparatus

Numbered source digest

Controlled extracts from the constitutional statutes, paired with the modern proposition drawn from each passage. Every source reference in the Constitution now opens the relevant entry here.

PR

Petition of Right 1627

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— 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
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.

Used in: Article 2 — Consent to Taxation and Financial Stewardship

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— 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
Upon their refusall ... [they] have been ... imprisoned confined and sondry other waies molested and disquieted.

Used in: Article 2 — Consent to Taxation and Financial Stewardship

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— 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
Inhabitants against their wills have been compelled to receive [soldiers and mariners] into their houses.

Used in: Article 7 — Parliament, the Executive, and the Armed Forces

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— 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
Comissions ... to proceed ... according to the Justice of Martiall Lawe ... are wholly and directlie contrary to the said Lawes and Statutes.

Used in: Article 4 — Due Process and Trial by Law; Article 7 — Parliament, the Executive, and the Armed Forces; Article 10 — Independence and Authority of the Courts

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— Life, limb, and punishment only by the law of the land

Modern proposition: No person may be condemned, punished, or put to death except by the law of the land and lawful judgment.

Original source extract
No man should be forejudged of life or limbe ... [but] by the Lawes established in this your Realme.

Used in: Preamble; Article 3 — Liberty of the Person and Habeas Corpus; Article 4 — Due Process and Trial by Law; Article 5 — Justice, Bail, Fines, and Punishment; Article 11 — Preservation of Ancient Liberties

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HC

Habeas Corpus Act 1679

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— 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
Bring ... the Body of the Partie ... and ... certifie the true causes of his Detainer or Imprisonment.

Used in: Article 3 — Liberty of the Person and Habeas Corpus; Article 4 — Due Process and Trial by Law; Article 10 — Independence and Authority of the Courts; Article 12 — Constitutional Supremacy

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— Habeas corpus available out of term or vacation

Modern proposition: Judicial protection against unlawful detention must not depend on court term, administrative convenience, or procedural timing.

Original source extract
In the Vacation time and out of Terme it shall ... be lawfull ... to award and grant an Habeas Corpus.

Used in: Article 3 — Liberty of the Person and Habeas Corpus; Article 4 — Due Process and Trial by Law; Article 10 — Independence and Authority of the Courts

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— 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
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.

Used in: Article 3 — Liberty of the Person and Habeas Corpus; Article 9 — Accountability of Public Officers

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— 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
Noe person ... sett at large upon any Habeas Corpus shall ... bee againe imprisoned ... for the same Offence ... Any colourable pretence or variation ... notwithstanding.

Used in: Article 3 — Liberty of the Person and Habeas Corpus

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— 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
The said person shall not be removed ... unlesse it be by Habeas Corpus or some other Legall Writt.

Used in: Article 3 — Liberty of the Person and Habeas Corpus

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— No imprisonment beyond the seas to evade the law

Modern proposition: No person may be sent, detained, transported, or imprisoned outside the jurisdiction to avoid the courts or the law of the land.

Original source extract
No Subject ... shall or may be sent Prisoner ... beyond the Seas ... and every such Imprisonment is ... illegall.

Used in: Preamble; Article 3 — Liberty of the Person and Habeas Corpus; Article 10 — Independence and Authority of the Courts; Article 12 — Constitutional Supremacy

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BR

Bill of Rights 1688

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— Arbitrary power recited as constitutional grievance

Modern proposition: The misuse of executive, judicial, military, and financial power to subvert law and liberty is a constitutional grievance.

Original source extract
The late King ... by ... evill Councellors Judges and Ministers ... did endeavour to subvert ... the Lawes and Liberties of this Kingdome.

Used in: Preamble

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— Rights claimed as ancient, true, and indubitable

Modern proposition: These liberties are not new grants from government but ancient rights of the people.

Original source extract
The Rights and Liberties ... are the true auntient and indubitable Rights and Liberties of the People.

Used in: Preamble; Article 1 — Government Under Law; Article 6 — Sovereignty and the Limits of External Authority; Article 8 — Free Parliament and Consent of the People; Article 11 — Preservation of Ancient Liberties; Article 12 — Constitutional Supremacy

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— 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
Noe Forreigne Prince Person Prelate, State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authoritie ... within this Realme.

Used in: Article 1 — Government Under Law; Article 2 — Consent to Taxation and Financial Stewardship; Article 3 — Liberty of the Person and Habeas Corpus; Article 6 — Sovereignty and the Limits of External Authority; Article 7 — Parliament, the Executive, and the Armed Forces; Article 8 — Free Parliament and Consent of the People; Article 10 — Independence and Authority of the Courts; Article 11 — Preservation of Ancient Liberties; Article 12 — Constitutional Supremacy

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AS

Act of Settlement 1700

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— 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
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.

Used in: Article 7 — Parliament, the Executive, and the Armed Forces

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— The laws are the birthright of the people

Modern proposition: The laws and liberties of the realm are the birthright of the people, and government must be administered according to them.

Original source extract
The Laws of England are the Birthright of the People thereof.

Used in: Preamble; Article 1 — Government Under Law; Article 2 — Consent to Taxation and Financial Stewardship; Article 6 — Sovereignty and the Limits of External Authority; Article 8 — Free Parliament and Consent of the People; Article 10 — Independence and Authority of the Courts; Article 11 — Preservation of Ancient Liberties; Article 12 — Constitutional Supremacy; Article 13 — The Union, Movement, and the Laws of the Realm

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— 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
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.

Used in: Article 1 — Government Under Law; Article 6 — Sovereignty and the Limits of External Authority; Article 9 — Accountability of Public Officers; Article 12 — Constitutional Supremacy

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MC

Magna Carta 1297

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— Liberties of the Church and the realm

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
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.

Used in: Preamble; Article 11 — Preservation of Ancient Liberties

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— Lawful judgment and the law of the land

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
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.

Used in: Article 13 — The Union, Movement, and the Laws of the Realm

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CO

Coronation Oath Act 1688

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— 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
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?

Used in: Preamble; Article 1 — Government Under Law; Article 9 — Accountability of Public Officers; Article 11 — Preservation of Ancient Liberties

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— 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
Will you ... maintain the Laws of God the true Profession of the Gospell and the Protestant Reformed Religion Established by Law?

Used in: Preamble; Article 11 — Preservation of Ancient Liberties

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CR

Claim of Right Act 1689 (Scotland)

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— Arbitrary power subverts law and liberty

Modern proposition: The conversion of lawful government into arbitrary power is a constitutional offence against law, liberty, and public trust.

Original source extract
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.

Used in: Article 1 — Government Under Law; Article 6 — Sovereignty and the Limits of External Authority

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— No dispensing or suspending power contrary to law

Modern proposition: Executive dispensing or suspending of law, or treating public office as above law, is inconsistent with constitutional government.

Original source extract
The assuming and exercising a power to dispense with and suspend laws, and the execution of laws, without consent of Parliament, is illegal.

Used in: Article 1 — Government Under Law; Article 6 — Sovereignty and the Limits of External Authority

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— Courts, oaths, and public offices must not be instruments of arbitrary power

Modern proposition: Courts, oaths, commissions, and offices may not be manipulated to evade ordinary law or impose arbitrary power.

Original source extract
The erecting of courts ... without authority of Parliament ... and the imposing of oaths without authority of Parliament are contrary to law.

Used in: Article 9 — Accountability of Public Officers

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US

Acts of Union with Scotland/England 1706–1707

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— One Kingdom and one Parliament

Modern proposition: The Union creates one political realm and one Parliament while preserving constitutional restraints and inherited liberties.

Original source extract
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.

Used in: Article 6 — Sovereignty and the Limits of External Authority; Article 13 — The Union, Movement, and the Laws of the Realm

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— 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
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.

Used in: Article 13 — The Union, Movement, and the Laws of the Realm

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— 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
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.

Used in: Article 13 — The Union, Movement, and the Laws of the Realm

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— 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
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.

Used in: Article 13 — The Union, Movement, and the Laws of the Realm

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— 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
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.

Used in: Article 13 — The Union, Movement, and the Laws of the Realm

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UI

Union with Ireland Act 1800

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— One United Kingdom and one Parliament

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
Great Britain and Ireland shall ... be united into one Kingdom ... [and] represented in one and the same Parliament.

Used in: Article 6 — Sovereignty and the Limits of External Authority; Article 13 — The Union, Movement, and the Laws of the Realm

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TO

Toleration Act 1688/1689

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— Peaceable exercise of lawful religion

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
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.

Used in: Article 11 — Preservation of Ancient Liberties

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