Article 2 – Ancient Liberties

Article 2 – Ancient Liberties

Section 1 Ancient Liberties Protected
Since the purpose of the federation is to protect and secure our ancient liberties and in no way to surrender them, Her Majesty and her government shall abide by them. In addition to the natural individual rights enumerated in Article 1, these ancient liberties of our people are protected.

Section 2 No Taxation by Royal Fiat
No scutage, aid or other tax shall be imposed on the nation, unless by common counsel of the nation.

Section 3 Parliament
And for obtaining the common counsel of the nation for the assessing of an aid, a scutage or other tax, the monarch will cause to be summoned representatives of the people, orders, and realms of the nation in a parliament as here in after detailed. 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.

Section 4 No Prerogative Legislation or Adjudication

That the people shall be governed only by their ancient laws and customs and by the laws in parliament agreed and enforced through the common law courts. Any prerogative or administrative legislation is unlawful as are prerogative or administrative courts.

Section 5 Suspension of and Dispensing with the Law

That the pretended power of suspending the laws by regal authority without consent of Parliament is illegal; That there is no power of dispensing with the laws.

Section 6 Right to Local Self Government
The city of London shall have all it ancient liberties and free customs, as well by land as by water; furthermore, it is decreed and granted that all other cities, boroughs, towns, and ports shall have all their liberties and free customs.

Section 7 Right to Petition

It is the right of the subjects to petition the Queen and her officers, and prosecutions for such petitioning are illegal.

Section 8 Right to Property
No officer of the crown shall, take the property of any freeman, against the will of the said freeman, except in time of war or insurrection and then only after just compensation is paid.

Section 9 Right to Earn an Honest Living without Unreasonable State Interference

Neither the Crown nor Parliament shall, by means of: granting monopolies; excessive licensing requirements; or other unreasonable restraints on their economic activity, deprive any person of their right to earn an honest living.

Section 10 Habeas Corpus

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it.

Section 11 No Bills of Attainder or Ex Post Facto Law

No Bill of Attainder or ex post facto Law shall be passed.

Section 12 Warrants Necessary for Searches and Seizures and Limited
The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated. Warrants shall be issued only on probable cause upon oath or affirmation and particularly naming the place to be searched and persons or things to be seized.

Section 13 Indictment Only after Third Party Complaint
No officer of the crown shall, upon his own unsupported complaint, charge any freeman with a crime, without credible witnesses brought for this purposes.

Section 14 Right to Trial by Jury
No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, except by the lawful judgment of his peers in accordance with the law of the land.

Section 15 Bail, Fines and Punishments

In criminal proceedings, excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Section 16 Right to Fair and Speedy Trial
To no one will the crown sell, refuse or delay, right or justice.

Section 17 Crown will Obey the Law
The Crown will appoint as executive and judicial officers only such as know the law of the realms and mean to observe it well.

Section 18 Standing Army Limitations
As soon as peace is restored, the crown will disband all armed forces other than those authorized in peacetime by this constitution.

Section 19 Treason Limitations
Treason against the Commonwealth Federation, shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort.

Section 20 Other Sources

The rights and liberties protected in the constitutions of the member realms, including Magna Carta, the Petition of Right, and the English Bill of Rights shall not be undermined by this constitution insofar as they are consistent with natural right. On the contrary they shall be a source for the interpretation of Article 1 Section 8.

Section 21 Right of Resistance and Revolt
The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind. If the rights and liberties enumerated by this constitution are not respected or the restrictions on the power of the crown, parliament, and the courts instituted by this constitution are not followed, then the authority given to officers under it are likewise invalid and the community of the realms have the right to over throw it or to distrain and distress the officials there of until such time as they content themselves with their lawfully given authority.