‘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.’

Or, from the Petition of Right: ‘No freeman may be taken or imprisoned or be disseized of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land.’

All of this led to the USA's even harder, clearer and more codifed defences of free debate, protection against arbitrary arrest and the punitive billeting of troops, not to mention the right to bear arms which, technically, all British subjects still possess (though see my 'Brief History of Crime' for a discussion of how this important liberty has been bureaucratically revoked by stealth). And that is why, despite a startling Germanic culture of bureaucracy and over-willing acceptance of authority, English liberty has survived as well as it has (though now much under threat) in the USA. It has also survived (in different conditions and with different) in Canada, Australia and New Zealand.

The simple point is that humans can only be free where the state is restrained. 'Human Rights' being an attempt to codify a secular morality on the basis of competing group rights, actually strengthens the state by making the courts the umpires in this competition. It also gives the courts the power to legislate, because its showy vagueness allows them to 'interpret' various phrases to their own satisfaction.

Now, it is true that the US Supreme Court has managed to do this with bits of the Bill of Rights, notably the phrase 'cruel and unusual' (itself taken from the 1689 English Bill). But this is obviously intellectually shabby, as no serious person could imagine that the men who drafted this thought that the death penalty was cruel or unusual, or intended that meaning to be conveyed. But it is so much easier to do with the various universal declarations, European Conventions, Canadian Charters and now the European Charter of Fundamental Rights.

This last is full of horrible weasel phrases whose effect is often quite different in practice from its apparent meaning. Nobody may be deprived of his possessions ‘except in the public interest’ (Article 17) which is as tough as wet tissue-paper. The rights of freedom of expression and to privacy ('private life') inevitably conflict. The right to marry and found a family conflict with non-discrimination on the grounds of sexual orientation, which alter the meaning and status of the word 'marry'. The promises of religious 'diversity' make all faiths equal, thus diminishing the role of the one faith which has actually defined Europe and shaped its distinctive civilisation- Christianity.