Glossarium

Statutes; Cannon law legal system of contracting. Bill of Rights 1689 An Act Declareing the Rights and Liberties of the Subject and Setleing the Succession of the Crowne Whereas the Lords Spirituall and Temporall and Commons assembled at Westminster lawfully fully and freely representing all the Estates of the People of this Realme did upon the thirteenth day of February in the yeare of our Lord one thousand six hundred eighty eight present unto their Majesties then called and known by the Names and Stile of William and Mary Prince and Princesse of Orange being present in their proper Persons a certaine Declaration in Writeing made by the said Lords and Commons in the Words following viz Whereas the late King James the Second by the Assistance of diverse evill Counsellors Judges and Ministers imployed by him did endeavour to subvert and extirpate the Protestant Religion and the Lawes and Liberties of this Kingdome. 1. By Assumeing and Exerciseing a Power of Dispensing with and Suspending of Lawes and the Execution of Lawes without consent of Parlyament. (with this in place legally no sovereign could ever break the original contract (the holy alliance) and subsequently the contract would always be protected. As in the rest of this legal document no soveriegn could do anything from this point without the consent of parliament, not only creating the constitutional sovereign, but also succeeding to lock them in a legal cage in legal bondage. Wheather they wanted to do something or not they cannot for this document re-enforces what was set out by magna carta and creates a re-enforcement of such maintained to this day) 2. By Committing and Prosecuting diverse Worthy Prelates for humbly Petitioning to be excused from Concurring to the said Assumed Power. 3. By issueing and causeing to be executed a Commission under the Great Seale for Erecting a Court called The Court of Commissioners for Ecclesiasticall Causes. 4. By Levying Money for and to the Use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parlyament. 5. By raising and keeping a Standing Army within this Kingdome in time of Peace without Consent of Parlyament and Quartering Soldiers contrary to Law. 6. By causing several good Subjects being Protestants to be disarmed at the same time when Papists were both Armed and Imployed contrary to Law. 7. By Violating the Freedome of Election of Members to serve in Parlyament. 8. By Prosecutions in the Court of Kings Bench for Matters and Causes cognizable onely in Parlyament and by diverse other Arbitrary and Illegal Courses. 9. And whereas of late years Partial Corrupt and Unqualifyed Persons have been returned and served on Juryes in Tryalls and particularly diverse Jurors in Tryalls for High Treason which were not Freeholders. 10. And excessive Baile hath beene required of Persons committed in Criminall Cases to elude the Benefitt of the Lawes made for the Liberty of the Subjects. 11. And excessive Fines have been imposed. 12. And illegall and cruell Punishments inflicted. 13. And severall Grants and Promises made of Fines and Forfeitures before any Conviction or Judgement against the Persons upon whome the same were to be levied. All which are utterly and directly contrary to the known Lawes and Statutes and Freedome of this Realme. And whereas the said late King James the Second haveing Abdicated the Government and the Throne being thereby Vacant, his [Highnesse] the Prince of Orange (whome it hath pleased Almighty God to make the glorious Instrument of Delivering this Kingdome from Popery and Arbitrary Power) did (by the advice of the Lords Spirituall and Temporall and diverse principall Persons of the Commons) cause Letters to be written to the Lords Spirituall and Temporall being Protestants and other Letters to the severall Countyes Cityes Universities Burroughs and Cinque Ports for the Choosing of such Persons to represent them as were of right to be sent to Parlyament to at Westminster upon the two and twentyeth day of January in this Yeare one thousand six hundred eighty and eight in order to such an Establishment as that their Religion Lawes and Liberties might not againe be in danger of being Subverted, Upon which Letters Elections haveing beene accordingly made. And thereupon the said Lords Spirituall and Temporall and Commons pursuant to their respective Letters and Elections being now assembled in a full and free Representative of this nation takeing into their most serious Consideration the best meanes for attaining the Ends aforesaid Doe in the first place (as their Auncestors in like Case have usually done) for the Vindicating and Asserting their auntient Rights and Liberties, Declare; 1. That the pretended Power of Suspending of Lawes or the Execution of Lawes by Regall Authority without Consent of Parlyament is illegall. 2. That the pretended Power of Dispensing with Lawes or the Execution of Lawes by Regal Authoritie as it hath beene assumed and exercised of late is illegall. 3. That the Commission for erecting the late Court of Commissioners for Ecclesiasticall Causes and all other Commissions and Courts of like nature are Illegall and Pernicious. 4. That levying Money for or to the Use of the Crowne by pretence of Prerogative without Grant of Parlyament for longer time or in other manner than the same is or shall be granted is Illegall. 5. That it is the Right of the Subjects to petition the King and all Commitments and Prosecutions for such Petitioning are Illegall. 6. That the raising or keeping a standing Army within the Kingdome in time of Peace unlesse it be with Consent of Parlyament is against Law. 7. That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law. 8. That Election of Members of Parlyament ought to be free. 9. That the Freedome of Speech and Debates or Proceedings in Parlyament ought not to be impeached or questioned in any Court or Place out of Parlyament. 10. That excessive Baile ought not to be required nor excessive Fines imposed nor cruell and unusuall Punishments inflicted. 11. That Jurors ought to be duely impannelled and returned and Jurors which passe upon Men in Trialls for High Treason ought to be Freeholders. 12. That all Grants and Promises of Fines and Forfeitures of particular persons (are you a 'particular person' and if you are not who is - what is the criteria that makes you a 'particular person' - maybe you should ask?) before Conviction are illegall and void. 13. And that for Redresse of all Grievances and for the amending strengthening and preserveing of the Lawes Parlyaments ought to be held frequently. And they do Claime Demand and Insist upon all and singular the Premises as their undoubted Rights and Liberties and that noe Declarations Judgments Doeings or Proceedings to the Prejudice of the People in any of the said Premisses ought in any wise to be drawne hereafter into Consequence or Example. To which Demand of their Rights they are particularly encouraged by the Declaration of his Highnesse the Prince of Orange as being the onley means for obtaining a full Redresse and Remedy therein. Haveing therefore an entire Confidence That his said Highnesse the Prince of Orange will perfect the Deliverance so farr advanced by him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties. The said Lords Spirituall and Temporall and Commons assembled at Westminster doe Resolve that William and Mary Prince and Princesse of Orange be and be declared King and Queene of England France and Ireland and the Dominions thereunto belonging to hold the Crowne and Royall Dignity of the said Kingdomes and Dominions to them the said Prince and Princesse dureing their Lives and the Life of the Survivour of them And that the sole and full Exercise of the Regall Power be onely in and executed by the said Prince of Orange in the Names of the said Prince and Princesse dureing their joynt Lives And after their Deceases the said Crowne and Royall Dignitie of the said Kingdoms and Dominions to be to the Heires of the Body of the said Princesse and for default of such issue to the Princess Anne of Denmarke and the Heires of her Body And for default of such Issue to the Heires of the Body of the said Prince of Orange. And the Lords Spirituall and Temporall and Commons doe pray the said Prince and Princesse to accept the same accordingly. And that the Oathes hereafter mentioned be taken by all Persons of whome the Oathes of Allegiance and Supremacy might be required by Law instead of them And that the said Oathes of Allegiance and Supremacy be abrogated. I A B doe sincerely promise and sweare That I will be faithfull and beare true Allegiance to their Majestyes King William and Queene Mary Soe helpe me God. I A B doe sweare That I doe from my Heart Abhorr, Detest and Abjure as Impious and Hereticall this damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be deposed or murdered by their Subjects or any other whatsoever. And I do declare That noe Forreigne Prince Person Prelate, State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authoritie Ecclesiastical or Spirituall within this Realme Soe helpe me God. (all well and good for the spiritual side of things, but what about the 'temporal'? It seems they forgot to put this word in (or did they) and without it this passage is worthless, even if it was wrote for all of us which I can assure you it was not!) Upon which their said Majestyes did accept the Crown and Royall Dignitie of the Kingdoms of England France and Ireland and the Dominions thereunto belonging according to the Resolution and Desire of the said Lords and Commons contained in the said Declaration. And thereupon their Majestyes were pleased That the said Lords Spirituall and Temporall and Commons being the two Houses of Parlyament should continue to sitt and with their Majesties Royall Concurrence make effectuall Provision for the Setlement of the Religion Lawes and Liberties of this Kingdome soe that the same for the future might not be in danger againe of being subverted, to which the said Lords Spirituall and Temporall and Commons did agree and proceede to act accordingly. *Now in pursuance of the Premisses the said Lords Spirituall and Temporall and Commons in Parlyament assembled for the ratifying confirming and establishing the said Declaration and the Articles Clauses Matters and things therein contained by the Force of a Law made in due Forme by Authority of Parlyament doe pray that it may be declared and enacted That all and singular the Rights and Liberties asserted and claimed in the said Declaration are the true auntient and indubitable Rights and Liberties of the People (plural of person) what about the serfs?) of this Kingdome and soe shall be esteemed allowed adjudged deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said Declaration And all Officers and Ministers whatsoever shall serve their Majestyes and their Successors according to the same in all times to come. Please note what is highlighted in red. Comments by John Harris. The Bill of Rights was an Act of re-enforcement and re-statement of the Common Law legal system of this land. True! But it is not what it seems. I will update what is written below and the rest of this document very soon with a new perspective!! The Bill of Rights was enacted by Parliament in recognition of the conditions contained within the Declaration of Rights its preamble document. Parliament itself has provided evidence of its own responsibility to uphold Common Law. FACT! So for an example of their blatant disregard for the Common Law of this land; the clause that says… That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegall and void…Quite clearly states that all fines given without first being tried in a court of law are void and subsequently so are all forfeitures. So why are many people paying fixed penalty fines and allowing forfeitures of their property before conviction? The simple answer is you do not know your own laws and the MP’s passing these Statutes/Acts to make you submit to this are illegally using these Statutes and Acts to fool you. This relates to any fixed penalty fine given to you and any attempt to remove your property before you have been convicted in a court of law, by a jury of your peers (equals in status). This pertains to another clause found in Magna Carta 1215, article… [39] No free man shall be seized or imprisoned, or stripped of his rights and possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land. So any court of law that denies your right to a jury, is acting outside of its lawful duty to uphold the Common Law of this land and this should be maintained by all those swearing the Judicial Oath of Allegiance. Please note a jury is the most powerful element in any court of law for they have the power to null a case and even to go against the law if they feel the law is unjust, hence why juries are being denied in the courts; even more evidence of the power of the people!! Let’s take for another example the MP’s Oath of Allegiance and their blatant disregard for the Oaths they swore and Parliaments conduct over the past 100 years. All Statutory and Parliamentary Acts of law must adhere to one simple rule…all Statutes/Acts of Parliament must only be for the strengthening and preserving of the Common Law of this land…Any Statute/Act of Parliament to the contrary is not valid as proven by…. That all and singular the Rights and Liberties asserted and claimed in the said Declaration are the true auntient and indubitable Rights and Liberties of the People of this Kingdome and soe shall be esteemed allowed adjudged deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holdenand observed as they are expressed in the said DeclarationAnd all Officers and Ministers whatsoever shall serve their Majestyes and their Successors according to the same in alltimes to come. So all Ministers who have swore allegiance to Her Majesty are required by Common Law and by the evidence of their sworn oath, to maintain the format of Government in accordance with the terms of the Coronation Oath, an Oath taken by the Queen to regulate the Government in accordance to the laws and customs of the people entrenched in the Common Law of this land. Any minister who breaks this oath has removed his legitimacy to his position within Parliament by his own actions and the evidence of his none legitimacy is in the above. As Major and Straw have both said on past occasions…Parliament is without the authority to require the Queen to break the terms of her coronation oath….this, quite simply, say’s it all.