lawful rebellion info inc magna carta & bill of rights

lawful rebellion info inc magna carta & bill of rights

Postby holy vehm » Mon Mar 21, 2011 8:12 pm

The information below is a collective contribution from all members.


THE MAGNA CARTA


The Magna Carta, or Great Charter, is a document created for the purpose of limiting the powers of the monarch and preserving the basic legal rights of all free men in England. It was made after a rebellion in 1215 against King John of England, a corrupt, absolute monarch who angered all those under the influence of his power. The Barons, rich land owners and direct vassals of the King, would no longer tolerate the abuses of power conducted under John’s reign, and demanded a change in government. John was forced to meet with them at Runnymede on June 15, 1215. There the Barons proposed the Magna Carta, a document similar to, as well as an ancestor of, the Bill of Rights. After several days of debate, the King gave in to the Barons’ demands and adopted the charter into the British system of government on June 19th.

The Magna Carta was eventually sent out to all of the towns and provinces of England so that all free men could see their basic legal rights. Among the rights granted by the document are a trial by jury, a punishment fitting and not excessive to the crime, and no taxation without representation.

The Magna Carta marked a turning point in world history. Until the 13th century in England, European rulers were absolute monarchs. With absolute rule came absolute power; these rulers had the power to do and order anything they chose. The end of absolute power in Britain came with the revolutionary Magna Carta, which established a set of laws that not even the king could violate. The same laws that applied to the lowest class of society applied to everyone, even to the royal family.


THE MAGNA CARTA TRANSCRIPT.

The Great Charter of English liberty granted (under considerable duress)
by King John at Runnymede on June 15, 1215

John, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, greeting.

Know that before God, for the health of our soul and those of our ancestors and heirs, to the honour of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry archbishop of Dublin, William bishop of London, Peter bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal household, Brother Aymeric master of the Knights of the Temple in England, William Marshal, earl of Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects:



1. First, that we have granted to God, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections - a right reckoned to be of the greatest necessity and importance to it - and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity. We have also granted to all free men of our realm, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs:

2. If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a `relief', the heir shall have his inheritance on payment of the ancient scale of `relief'. That is to say, the heir or heirs of an earl shall pay for the entire earl's barony, the heir or heirs of a knight l00s. at most for the entire knight's `fee', and any man that owes less shall pay less, in accordance with the ancient usage of `fees'

3. But if the heir of such a person is under age and a ward, when he comes of age he shall have his inheritance without `relief' or fine.

4. The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same `fee', who shall be answerable to us for the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same `fee', who shall be similarly answerable to us.

5. For so long as a guardian has guardianship of such land, he shall maintain the houses, parks, fish preserves, ponds, mills, and everything else pertaining to it, from the revenues of the land itself. When the heir comes of age, he shall restore the whole land to him, stocked with plough teams and such implements of husbandry as the season demands and the revenues from the land can reasonably bear.

6. Heirs may be given in marriage, but not to someone of lower social standing. Before a marriage takes place, it shall be' made known to the heir's next-of-kin.

7. At her husband's death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband's house for forty days after his death, and within this period her dower shall be assigned to her.


8. No widow shall be compelled to marry, so long as she wishes to remain without a husband. But she must give security that she will not marry without royal consent, if she holds her lands of the Crown, or without the consent of whatever other lord she may hold them of.

9. Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has movable goods sufficient to discharge the debt. A debtor's sureties shall not be distrained upon so long as the debtor himself can discharge his debt. If, for lack of means, the debtor is unable to discharge his debt, his sureties shall be answerable for it. If they so desire, they may have the debtor's lands and rents until they have received satisfaction for the debt that they paid for him, unless the debtor can show that he has settled his obligations to them.

10. If anyone who has borrowed a sum of money from Jews dies before the debt has been repaid, his heir shall pay no interest on the debt for so long as he remains under age, irrespective of whom he holds his lands. If such a debt falls into the hands of the Crown, it will take nothing except the principal sum specified in the bond.

11. If a man dies owing money to Jews, his wife may have her dower and pay nothing towards the debt from it. If he leaves children that are under age, their needs may also be provided for on a scale appropriate to the size of his holding of lands. The debt is to be paid out of the residue, reserving the service due to his feudal lords. Debts owed to persons other than Jews are to be dealt with similarly.

12. No `scutage' or `aid' may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For these purposes ouly a reasonable `aid' may be levied. `Aids' from the city of London are to be treated similarly.

13. The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs.

14. To obtain the general consent of the realm for the assessment of an `aid' - except in the three cases specified above - or a `scutage', we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared.

15. In future we will allow no one to levy an `aid' from his free men, except to ransom his person, to make his eldest son a knight, and (once) to marry his eldest daughter. For these purposes only a reasonable `aid' may be levied.

16. No man shall be forced to perform more service for a knight's `fee', or other free holding of land, than is due from it.

17. Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place.

18. Inquests of novel disseisin, mort d'ancestor, and darrein presentment shall be taken only in their proper county court. We ourselves, or in our absence abroad our chief justice, will send two justices to each county four times a year, and these justices, with four knights of the county elected by the county itself, shall hold the assizes in the county court, on the day and in the place where the court meets.

19. If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall afterwards remain behind, of those who have attended the court, as will suffice for the administration of justice, having regard to the volume of business to be done.

20. For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.

21. Earls and barons shall not be amerced save through their peers, and only according to the measure of the offence.

22. No clerk shall be amerced for his lay tenement ecept according to the manner of the other persons aforesaid; and not according to the amount of his ecclesiastical benefice.

23. Neither a town nor a man shall be forced to make bridges over the rivers, with the exception of those who, from of old and of right ought to do it.

24. No sheriff, constable, coroners, or other bailiffs of ours shall hold the pleas of our crown.

25. All counties, hundreds, wapentakes, and trithings--our demesne manors being exccepted--shall continue according to the old farms, without any increase at all.

26. If any one holding from us a lay fee shall die, and our sheriff or bailiff can show our letters patent containing our summons for the debt which the dead man owed to us,--our sheriff or bailiff may be allowed to attach and enroll the chattels of the dead man to the value of that debt, through view of lawful men; in such way, however, that nothing shall be removed thence until the debt is paid which was plainly owed to us. And the residue shall be left to the executors that they may carry out the will of the dead man. And if nothing is owed to us by him, all the chattels shall go to the use prescribed by the deceased, saving their reasonable portions to his wife and children.

27. If any freeman shall have died intestate his chattels shall be distributed through the hands of his near relatives and friends, by view of the church; saving to any one the debts which the dead man owed him.

28. No constable or other bailiff of ours shall take the corn or other chattels of any one except he straightway give money for them, or can be allowed a respite in that regard by the will of the seller.

29. No constable shall force any knight to pay money for castleward if he be willing to perform that ward in person, or--he for a reasonable cause not being able to perform it himself--through another proper man. And if we shall have led or sent him on a military expedition, he shall be quit of ward according to the amount of time during which, through us, he shall have been in military service.

30. No sheriff nor bailiff of ours, nor any one else, shall take the horses or carts of any freeman for transport, unless by the will of that freeman.

31. Neither we nor our bailiffs shall take another's wood for castles or for other private uses, unless by the will of him to whom the wood belongs.

32. We shall not hold the lands of those convicted of felony longer than a year and a day; and then the lands shall be restored to the lords of the fiefs.

33. Henceforth all the weirs in the Thames and Medway, and throughout all England, save on the sea-coast, shall be done away with entirely.

34. Henceforth the writ which is called Praecipe shall not be to served on any one for any holding so as to cause a free man to lose his court.

35. There shall be one measure of wine throughout our whole realm, and one measure of ale and one measure of corn--namely, the London quart;--and one width of dyed and russet and hauberk cloths--namely, two ells below the selvage. And with weights, moreover, it shall be as with measures.

36. Henceforth nothing shall be given or taken for a writ of inquest in a matter concerning life or limb; but it shall be conceded gratis, and shall not be denied.

37. If any one hold of us in fee-farm, or in socage, or in burkage, and hold land of another by military service, we shall not, by reason of that fee-farm, or socage, or burkage, have the wardship of his heir or of his land which is held in fee from another. Nor shall we have the wardship of that fee-farm, or socage, or burkage unless that fee-farm owe military service. We shall not, by reason of some petit-serjeanty which some one holds of us through the service of giving us knives or arrows or the like, have the wardship of his heir or of the land which he holds of another by military service.

38. No bailiff, on his own simple assertion, shall henceforth any one to his law, without producing faithful witnesses in evidence.

39. No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed--nor will we go upon or send upon him--save by the lawful judgment of his peers or by the law of the land.

40. To none will we sell, to none deny or delay, right or justice.

41. All merchants may safely and securely go out of England, and come into England, and delay and pass through England, as well by land as by water, for the purpose of buying and selling, free from all evil taxes, subject to the ancient and right customs--save in time of war, and if they are of the land at war against us. And if such be found in our land at the beginning of the war, they shall be held, without harm to their bodies and goods, until it shall be known to us or our chief justice how the merchants of our land are to be treated who shall, at that time, be found in the land at war against us. And if ours shall be safe there, the others shall be safe in our land.

42. Henceforth any person, saving fealty to us, may go out of our realm and return to it, safely and securely, by land and by water, except perhaps for a brief period in time of war, for the common good of the realm. But prisoners and outlaws are excepted according to the law of the realm; also people of a land at war against us, and the merchants, with regard to whom shall be done as we have said.

43. If any one hold from any escheat--as from the honour of Walingford, Nottingham, Boloin, Lancaster, or the other escheats which are in our hands and are baronies--and shall die, his heir shall not give another relief, nor shall he perform for us other service than he would perform for a baron if that barony were in the hand of a baron; and we shall hold it in the same way in which the baron has held it.

44. Persons dwelling without the forest shall not henceforth come before the forest justices, through common summonses, unless they are impleaded or are the sponsors of some person or persons attached for matters concerning the forest.

45. We will not make men justices, constables, sheriffs, or bailiffs unless they are such as know the law of the realm, and are minded to observe it rightly.

46. All barons who have founded abbeys for which they have charters of the king of England, or ancient right of tenure, shall have, as they ought to have, their custody when vacant.

47- A11 forests constituted as such in our time shall straightway be annulled; and the same shall be done for river banks made into places of defence by us in our time.

48. A11 evil customs concerning forests and warrens, and concerning foresters and warreners, sheriffs and their servants, river banks and their guardians, shall straightway be inquired into each county, through twelve sworn knights from that county, and shall be eradicated by them, entirely, so that they shall never be renewed, within forty days after the inquest has been made; in such manner that we shall first know about them, or our justice if we be not in England.

49. We shall straightway return all hostages and charters which were delivered to us by Englishmen as a surety for peace or faithful service.

50. We shall entirey remove from their bailwicks the relatives of Gerard de Athyes, so that they shall henceforth have no bailwick in England: Engelard de Cygnes, Andrew Peter and Gyon de Chanceles, Gyon de Cygnes, Geoffrey de Martin and his brothers, Philip Mark and his brothers, and Geoffrey his nephew, and the whole following of them.

51. And straightway after peace is restored we shall remove from the realm all the foreign soldiers, crossbowmen, servants, hirelings, who may have come with horses and arms to the harm of the realm.

52. If any one shall have been disseized by us, or removed, without a legal sentence of his peers, from his lands, castles, liberties or lawful right, we shall straightway restore them to him. And if a dispute shall arise concerning this matter it shall be settled according to the judgment of the twenty-five barons who are mentioned below as sureties for the peace. But with regard to all those things of which any one was, by king Henry our father or king Richard our brother, disseized or dispossessed without legal judgment of his peers, which we have in our hand or which others hold, and for which we ought to give a guarantee: We shall have respite until the common term for crusaders. Except with regard to those concerning which a plea was moved, or an inquest made by our order, before we took the cross. But when we return from our pilgrimage, or if, by chance, we desist from our pilgrimage, we shall straightway then show full justice regarding them.

53. We shall have the same respite, moreover, and in the same manner, in the matter of showing justice with regard to forests to be annulled and forests to remain, which Henry our father or Richard our brother constituted; and in the matter of wardships of lands which belong to the fee of another--wardships of which kind we have hitherto enjoyed by reason of the fee which some one held from us in military service;--and in the matter of abbeys founded in the fee of another than ourselves--in which the lord of the fee may say that he has jurisdiction. And when we return, or if we desist from our pilgrimage, we shall straightway exhibit full justice to those complaining with regard to these matters.

54. No one shall be taken or imprisoned on account of the appeal of a woman concerning the death of another than her husband.

55. All fines imposed by us unjustly and contrary to the law of the land, and all amerciaments made unjustly and contrary to the law of the land, shall be altogether remitted, or it shall be done with regard to them according to the judgment of the twenty five barons mentioned below as sureties for the peace, or according to the judgment of the majority of them together with the aforesaid Stephen archbishop of Canterbury, if he can be present, and with others whom he may wish to associate with himself for this purpose. And if he can not be present, the affair shall nevertheless proceed without him; in such way that, if one or more of the said twenty five barons shall be concerned in a similar complaint, they shall be removed as to this particular decision, and, in their place, for this purpose alone, others shall be subtituted who shall be chosen and sworn by the remainder of those twenty five.

56. If we have disseized or dispossessed Welshmen of their lands or liberties or other things without legal judgment of their peers, in England or in Wales,--they shall straightway be restored to them. And if a dispute shall arise concerning this, then action shall be taken upon it in the March through judgment of their peers- -concerning English holdings according to the law of England, concerning Welsh holdings according to the law of Wales, concerning holdings in the March according to the law of the March. The Welsh shall do likewise with regard to us and our subjects.

57. But with regard to all those things of which any one of the Welsh by king Henry our father or king Richard our brother, disseized or dispossessed without legal judgment of his peers, which we have in our hand or which others hold, and for which we ought to give a guarantee: we shall have respite until the common term for crusaders. Except with regard to those concerning which a plea was moved, or an inquest made by our order, before we took the cross. But when we return from our pilgrimage, or if, by chance, we desist from our pilgrimage, we shall straightway then show full justice regarding them, according to the laws of Wales and the aforesaid districts.

58. We shall straightway return the son of Llewelin and all the Welsh hostages, and the charters delivered to us as surety for the peace.

59. We shall act towards Alexander king of the Scots regarding the restoration of his sisters, and his hostages, and his liberties and his lawful right, as we shall act towards our other barons of England; unless it ought to be otherwise according to the charters which we hold from William, his father, the former king of the Scots. And this shall be done through judgment of his peers in our court.

60. Moreover all the subjects of our realm, clergy as well as laity, shall, as far as pertains to them, observe, with regard to their vassals, all these aforesaid customs and liberties which we have decreed shall, as far as pertains to us, be observed in our realm with regard to our own.

61. Inasmuch as, for the sake of God, and for the bettering of our realm, and for the more ready healing of the discord which has arisen between us and our barons, we have made all these aforesaid concessions,--wishing them to enjoy for ever entire and firm stability, we make and grant to them the folIowing security: that the baron, namely, may elect at their pleaure twenty five barons from the realm, who ought, with all their strength, to observe, maintain and cause to be observed, the peace and privileges which we have granted to them and confirmed by this our present charter. In such wise, namely, that if we, or our justice, or our bailiffs, or any one of our servants shall have transgressed against any one in any respect, or shall have broken one of the articles of peace or security, and our transgression shall have been shown to four barons of the aforesaid twenty five: those four barons shall come to us, or, if we are abroad, to our justice, showing to us our error; and they shall ask us to cause that error to be amended without delay. And if we do not amend that error, or, we being abroad, if our justice do not amend it within a term of forty days from the time when it was shown to us or, we being abroad, to our justice: the aforesaid four barons shall refer the matter to the remainder of the twenty five barons, and those twenty five barons, with the whole land in common, shall distrain and oppress us in every way in their power,--namely, by taking our castles, lands and possessions, and in every other way that they can, until amends shall have been made according to their judnnent. Saving the persons of ourselves, our queen and our children. And when amends shall have been made they shall be in accord with us as they had been previously. And whoever of the land wishes to do so, shall swear that in carrying out all the aforesaid measures he will obey the mandates of the aforesaid twenty five barons, and that, with them, he will oppress us to the extent of his power. And, to any one who wishes to do so, we publicly and freely give permission to swear; and we will never prevent any one from swearing. Moreover, all those in the land who shall be unwilling, themselves and of their own accord, to swear to the twenty five barons as to distraining and oppressing us with them: such ones we shall make to wear by our mandate, as has been said. And if any one of the twenty five barons shall die, or leave the country, or in any other way be prevented from carrying out the aforesaid measures,--the remainder of the aforesaid twenty five barons shall choose another in his place, according to their judgment, who shall be sworn in the same way as the others. Moreover, in all things entrusted to those twenty five barons to be carried out, if those twenty five shall be present and chance to disagree among themselves with regard to some matter, or if some of them, having been summoned, shall be unwilling or unable to be present: that which the majority of those present shall decide or decree shall be considered binding and valid, just as if all the twenty five had consented to it. And the aforesaid twenty five shall swear that they will faithfully observe all the foregoing, and will caue them be observed to the extent of their power. And we shall obtain nothing from any one, either through ourselves or through another, by which any of those concessions and liberties may be revoked or diminished. And if any such thing shall have been obtained, it shall be vain and invalid, and we shall never make use of it either through ourselves or through another.

62. And we have fully remitted to all, and pardoned, all the ill- will, anger and rancour which have arisen between us and our subjects, clergy and laity, from the time of the struggle. Moreover have fully remitted to all, clergy and laity, and--as far as pertains to us--have pardoned fully all the transgressions committed, on the occasion of that same struggle, from Easter of the sixteenth year of our reign until the re-establishment of peace. In witness of which, more-over, we have caused to be drawn up for them letters patent of lord Stephen, archbishop of Canterbury, lord Henry, archbishop of Dubland the aforesaid bishops and master Pandulf, regarding that surety and the aforesaid concessions.

63. Wherefore we will and firmly decree that the English church shall be free, and that the subjects of our realm shall have and hold all the aforesaid liberties, rights and concessions, duly and in peace, freely and quietly, fully and entirely, for themselves and their heirs from us and our heirs, in all matters and in all places, forever, as has been said. Moreover it has been sworn, on our part as well as on the part of the barons, that all these above mentioned provisions shall observed with good faith and without evil intent. The witnesses being the above mentioned and many others. Given through our hand, in the plain called Runnymede between Windsor and Stanes, on the fifteenth day of June, in the seventeenth year of our reign. .

ARTICLE 61.


61. Inasmuch as, for the sake of God, and for the bettering of our realm, and for the more ready healing of the discord which has arisen between us and our barons, we have made all these aforesaid concessions,--wishing them to enjoy for ever entire and firm stability, we make and grant to them the folIowing security: that the baron, namely, may elect at their pleaure twenty five barons from the realm, who ought, with all their strength, to observe, maintain and cause to be observed, the peace and privileges which we have granted to them and confirmed by this our present charter. In such wise, namely, that if we, or our justice, or our bailiffs, or any one of our servants shall have transgressed against any one in any respect, or shall have broken one of the articles of peace or security, and our transgression shall have been shown to four barons of the aforesaid twenty five: those four barons shall come to us, or, if we are abroad, to our justice, showing to us our error; and they shall ask us to cause that error to be amended without delay. And if we do not amend that error, or, we being abroad, if our justice do not amend it within a term of forty days from the time when it was shown to us or, we being abroad, to our justice: the aforesaid four barons shall refer the matter to the remainder of the twenty five barons, and those twenty five barons, with the whole land in common, shall distrain and oppress us in every way in their power,--namely, by taking our castles, lands and possessions, and in every other way that they can, until amends shall have been made according to their judnnent. Saving the persons of ourselves, our queen and our children. And when amends shall have been made they shall be in accord with us as they had been previously. And whoever of the land wishes to do so, shall swear that in carrying out all the aforesaid measures he will obey the mandates of the aforesaid twenty five barons, and that, with them, he will oppress us to the extent of his power. And, to any one who wishes to do so, we publicly and freely give permission to swear; and we will never prevent any one from swearing. Moreover, all those in the land who shall be unwilling, themselves and of their own accord, to swear to the twenty five barons as to distraining and oppressing us with them: such ones we shall make to wear by our mandate, as has been said. And if any one of the twenty five barons shall die, or leave the country, or in any other way be prevented from carrying out the aforesaid measures,--the remainder of the aforesaid twenty five barons shall choose another in his place, according to their judgment, who shall be sworn in the same way as the others. Moreover, in all things entrusted to those twenty five barons to be carried out, if those twenty five shall be present and chance to disagree among themselves with regard to some matter, or if some of them, having been summoned, shall be unwilling or unable to be present: that which the majority of those present shall decide or decree shall be considered binding and valid, just as if all the twenty five had consented to it. And the aforesaid twenty five shall swear that they will faithfully observe all the foregoing, and will caue them be observed to the extent of their power. And we shall obtain nothing from any one, either through ourselves or through another, by which any of those concessions and liberties may be revoked or diminished. And if any such thing shall have been obtained, it shall be vain and invalid, and we shall never make use of it either through ourselves or through another.
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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Re: lawful rebellion info inc magna carta & bill of rights

Postby holy vehm » Mon Mar 21, 2011 8:14 pm

BILL OF RIGHTS.


English Bill of Rights
1689

An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown



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Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.:

Whereas the late King James the Second, by the assistance of divers evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;

By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;

By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power;

By issuing and causing to be executed a commission under the great seal for erecting a court called the Court of Commissioners for Ecclesiastical Causes;

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 Parliament;

By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;

By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;

By violating the freedom of election of members to serve in Parliament;

By prosecutions in the Court of King's Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses;

And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders;

And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;

And excessive fines have been imposed;

And illegal and cruel punishments inflicted;

And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;

All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;

And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight, in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made;

And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare:

That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;
That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;
That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;
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.
And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example; to which demand of their rights they are particularly encouraged by the declaration of his Highness the prince of Orange as being the only means for obtaining a full redress and remedy therein.

Having therefore an entire confidence that his said Highness the prince of Orange will perfect the deliverance so far 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 Spiritual and Temporal and Commons assembled at Westminster do resolve that William and Mary, prince and princess of Orange, be and be declared king and queen of England, France and Ireland and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them, the said prince and princess, during their lives and the life of the survivor to them, and that the sole and full exercise of the regal power be only in and executed by the said prince of Orange in the names of the said prince and princess during their joint lives, and after their deceases the said crown and royal dignity of the same kingdoms and dominions to be to the heirs of the body of the said princess, and for default of such issue to the Princess Anne of Denmark and the heirs of her body, and for default of such issue to the heirs of the body of the said prince of Orange. And the Lords Spiritual and Temporal and Commons do pray the said prince and princess to accept the same accordingly.

And that the oaths hereafter mentioned be taken by all persons of whom the oaths have allegiance and supremacy might be required by law, instead of them; and that the said oaths of allegiance and supremacy be abrogated.

I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance to their Majesties King William and Queen Mary. So help me God.

I, A.B., do swear that I do from my heart abhor, detest and abjure as impious and heretical 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 no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. So help me God.

Upon which their said Majesties did accept the crown and royal dignity 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 Majesties were pleased that the said Lords Spiritual and Temporal and Commons, being the two Houses of Parliament, should continue to sit, and with their Majesties' royal concurrence make effectual provision for the settlement of the religion, laws and liberties of this kingdom, so that the same for the future might not be in danger again of being subverted, to which the said Lords Spiritual and Temporal and Commons did agree, and proceed to act accordingly.

Now in pursuance of the premises the said Lords Spiritual and Temporal and Commons in Parliament assembled, for the ratifying, confirming and establishing the said declaration and the articles, clauses, matters and things therein contained by the force of law made in due form by authority of Parliament, do 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, ancient and indubitable rights and liberties of the people of this kingdom, and so 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 Majesties and their successors according to the same in all time to come.

And the said Lords Spiritual and Temporal and Commons, seriously considering how it hath pleased Almighty God in his marvellous providence and merciful goodness to this nation to provide and preserve their said Majesties' royal persons most happily to reign over us upon the throne of their ancestors, for which they render unto him from the bottom of their hearts their humblest thanks and praises, do truly, firmly, assuredly and in the sincerity of their hearts think, and do hereby recognize, acknowledge and declare, that King James the Second having abdicated the government, and their Majesties having accepted the crown and royal dignity as aforesaid, their said Majesties did become, were, are and of right ought to be by the laws of this realm our sovereign liege lord and lady, king and queen of England, France and Ireland and the dominions thereunto belonging, in and to whose princely persons the royal state, crown and dignity of the said realms with all honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining are most fully, rightfully and entirely invested and incorporated, united and annexed.

And for preventing all questions and divisions in this realm by reason of any pretended titles to the crown, and for preserving a certainty in the succession thereof, in and upon which the unity, peace, tranquility and safety of this nation doth under God wholly consist and depend, the said Lords Spiritual and Temporal and Commons do beseech their Majesties that it may be enacted, established and declared, that the crown and regal government of the said kingdoms and dominions, with all and singular the premises thereunto belonging and appertaining, shall be and continue to their said Majesties and the survivor of them during their lives and the life of the survivor of them, and that the entire, perfect and full exercise of the regal power and government be only in and executed by his Majesty in the names of both their Majesties during their joint lives; and after their deceases the said crown and premises shall be and remain to the heirs of the body of her Majesty, and for default of such issue to her Royal Highness the Princess Anne of Denmark and the heirs of the body of his said Majesty; and thereunto the said Lords Spiritual and Temporal and Commons do in the name of all the people aforesaid most humbly and faithfully submit themselves, their heirs and posterities for ever, and do faithfully promise that they will stand to, maintain and defend their said Majesties, and also the limitation and succession of the crown herein specified and contained, to the utmost of their powers with their lives and estates against all persons whatsoever that shall attempt anything to the contrary.

And whereas it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a popish prince, or by any king or queen marrying a papist, the said Lords Spiritual and Temporal and Commons do further pray that it may be enacted, that all and every person and persons that is, are or shall be reconciled to or shall hold communion with the see or Church of Rome, or shall profess the popish religion, or shall marry a papist, shall be excluded and be for ever incapable to inherit, possess or enjoy the crown and government of this realm and Ireland and the dominions thereunto belonging or any part of the same, or to have, use or exercise any regal power, authority or jurisdiction within the same; and in all and every such case or cases the people of these realms shall be and are hereby absolved of their allegiance; and the said crown and government shall from time to time descend to and be enjoyed by such person or persons being Protestants as should have inherited and enjoyed the same in case the said person or persons so reconciled, holding communion or professing or marrying as aforesaid were naturally dead; and that every king and queen of this realm who at any time hereafter shall come to and succeed in the imperial crown of this kingdom shall on the first day of the meeting of the first Parliament next after his or her coming to the crown, sitting in his or her throne in the House of Peers in the presence of the Lords and Commons therein assembled, or at his or her coronation before such person or persons who shall administer the coronation oath to him or her at the time of his or her taking the said oath (which shall first happen), make, subscribe and audibly repeat the declaration mentioned in the statute made in the thirtieth year of the reign of King Charles the Second entitled, "An Act for the more effectual preserving the king's person and government by disabling papists from sitting in either House of Parliament."

But if it shall happen that such king or queen upon his or her succession to the crown of this realm shall be under the age of twelve years, then every such king or queen shall make, subscribe and audibly repeat the same declaration at his or her coronation or the first day of the meeting of the first Parliament as aforesaid which shall first happen after such king or queen shall have attained the said age of twelve years. All which their Majesties are contented and pleased shall be declared, enacted and established by authority of this present Parliament, and shall stand, remain and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the authority of the same, declared, enacted and established accordingly.

II. And be it further declared and enacted by the authority aforesaid, that from and after this present session of Parliament no dispensation by "non obstante" of or to any statute or any part thereof shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of Parliament.

III. Provided that no charter or grant or pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty-nine shall be any ways impeached or invalidated by this Act, but that the same shall be and remain of the same force and effect in law and no other than as if this Act had never been made.
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Re: lawful rebellion info inc magna carta & bill of rights

Postby holy vehm » Mon Mar 21, 2011 8:15 pm

THE PETITION


The petition.
(provided by fmotl member john h)

Here is the wording of the 2001 Petition:

"WHEREFORE it is our humble duty TO PETITION Your Majesty

• to withhold the Royal Assent from any Parliamentary Bill which attempts to ratify the Treaty of Nice unless and until the people of the United Kingdom have given clear and specific approval;

• to uphold and preserve the rights, freedoms and customs of your loyal subjects as set out in Magna Carta and the Declaration of Rights, which you, our Sovereign, swore before the nation to uphold and preserve in your Coronation Oath of June 1953....".

The Barons orders were therefore to uphold common law rights, freedoms and customs. Actions that those police constables have taken since then which are contrary to those principles are ultra vires and actionable under Chapter 61 now for misconduct in office or public nuisance.





Sanity issued the following statement to the media today

2001 May 28th.


The Queen is "well aware of the strength of feeling" in the United Kingdom about the European Union and the UK's treaties with it, according to Her Majesty's private secretary,

Sir Robin Janvrin.


In a letter to Lord Ashbourne and the 27 other peers who signed a petition to The Queen under the terms of Magna Carta, asking that the Royal Assent be withheld from the Nice Treaty, Sir Robin says that The Queen "continues to give this issue her closest attention".


Tens of thousands of letters have been received at the Palace expressing widespread public concern about the Treaty of Nice. They continue to arrive, sometimes at the rate of several hundred a day.


The peers' petition was raised under clause 61 of Magna Carta, which had not been invoked for over 300 years. It gave the monarch 40 days to reply. Sir Robin's letter was written 39 days after receipt of the petition at the Palace.


"Sir Robin's timing is clear acknowledgement that Magna Carta has force to this day", said a spokesman for Sanity (Subjects Against the Nice TreatY), the direct action group which organised the petition with Lord Ashbourne.


"Magna Carta, and the Bill of Rights, are still the law of this land. Neither permit our sovereignty to be compromised or given away. We believe our message has been received and understood. Whilst Her Majesty may wish to keep her powder dry for the moment, it appears that any future government wishing to ratify the Treaty of Nice will not have a easy ride. From the grassroots upwards, there will be non-stop, vocal and vigorous opposition", the Sanity spokesman said.


(ENDS)


Notes to Editors:


1. Further information from Sanity spokesman

Ashley Mote on 01730 - 894 355 or 07836 - 220 223 (mobile).


2. Lord Ashbourne can be reached for comment on 01730 - 825 655.


Immediately after the petition was presented at Buckingham Palace on March 23, Lord Ashbourne commented that several articles in the Treaty of Nice agreed by Tony Blair in December would destroy fundamental British liberties and imperil the rights and freedoms of the people of the United Kingdom.


The European Union is threatening to set up a military force which will place British service personnel under its direct command, restrict the free expression of political opinion, and permit the introduction of an alien system of criminal justice which will abolish the ancient British rights of habeas corpus and trial by jury, and allow onto British soil men-at-arms from other countries with powers of enforcement.


These are all issues of major constitutional importance. They directly threaten our rights and freedoms and destroy the oaths of loyalty to the Crown sworn by Privy Counsellors, British armed forces, and the police.


Such fundamental matters cannot be considered merely the stuff of day-to-day politics. They concern every British subject, and generations yet unborn. Without this petition it is certainly true that The Queen might have found it difficult in todays political climate to raise these issues with her ministers. With it, Her Majesty has ample justification. It is the clear wish of the people."


3. The full text of Sir Robin Janvrin's letter follows:


"I am commanded by The Queen to reply to your letter of 23rd March and the accompanying petition to Her Majesty about the Treaty of Nice.


"The Queen continues to give this issue her closest attention. She is well aware of the strength of feeling which European Treaties, such as the Treaty of Nice, cause. As a constitutional sovereign, Her Majesty is advised by her Government who support this Treaty. As I am sure you know, the Treaty of Nice cannot enter force until it has been ratified by all Member States and in the United Kingdom this entails the necessary legislation being passed by Parliament."


4. The full text of the peers' Petition

To Her Majesty Queen Elizabeth II


presented under clause 61 of Magna Carta, 1215

To Defend British Rights and Freedoms


Can be found at:

www.SilentMajority.co.UK/EuroRealist/OurMonarch



Peers signing the petition:

Lord Ashbourne,

The Duke of Rutland, Viscount Massereene & Ferrard (as Lord Oriel)

Lord Hamilton of Dalzell

signed and presentated the petition at Buckingham Palace.


The petition was also signed by:

Lord Sudeley,

Viscount Cowdray,

Viscount Norwich,

Lord Napier & Ettrick,

Earl of Romney,

Earl Kitchener,

Lord Napier of Magdala,

Lord Ailsa,

Lord Sandys,

Earl Cathcart,

Lord Oaksey,

Lord Milne,

Lord Newall,

Lord Barber of Tewkesbury,

Lord Dormer,

Viscount Exmouth,

Lord Wise,

Earl of Devon,

Earl of Cromer,

Earl of Shannon (as Lord Carleton),

Lord Sandford,

Marquis of Aberdeen (as Earl Aberdeen),

Lord Strathcarron,

Lord Craigmyle.


The Countess of Dysart also signed,

but the Dysart title is Scottish

and pre-dates the Union of 1707.


5. The full text of the peers' letter, which accompanied the petition,


can also be found at:

www.SilentMajority.co.UK/EuroRealist/OurMonarch


6. In addition to the four peers who presented the petition

Lord Ashbourne,

The Duke of Rutland,

Viscount Massereene & Ferrard

Lord Hamilton of Dalzell

the other peers forming the constitutional committee mentioned in the letter are:

The Earl of Shannon,

Lord Napier & Ettrick

Lord Sudeley.


More Details and further information is to be found at:

www.SilentMajority.co.UK/EuroRealist/OurMonarch
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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Re: lawful rebellion info inc magna carta & bill of rights

Postby holy vehm » Mon Mar 21, 2011 8:16 pm

A GRAND JURY


Common Law Grand Jury

Rules

APPLICABLE LAW


The government must accept the Magna Carta as common law if pleaded as such.
Source: Confirmatio Cartarum, Article 1
www.1215.org/lawnotes/lawnotes/cartarum.htm

Basic requirements and procedures for a common law grand jury:
Source: Magna Carta, Articles 52 & 61
www.1215.org/lawnotes/lawnotes/magna.htm#52
www.1215.org/lawnotes/lawnotes/magna.htm#61


HOW CONSTITUTED


Grand jury members must be elected by the people (not citizens) of the jurisdiction in which they are operating.

There are no rules defining a procedure for how they are elected. The people, without the influence of government, decide for themselves how the grand jury members are elected.

There must be 25 members.


QUALIFICATIONS


The members must be "people" of the jurisdiction and not "citizens" of the jurisdiction.

For example, they must be "People of the United States," or "People of California," or "People of the State of California"; not "citizen of the United States," nor "citizen of California," nor "citizen of the State of California."
www.1215.org/lawnotes/lawnotes/pvc.htm
http://www.1215.org/lawnotes/lawnotes/sovreign.htm

Each member must be sworn in and promise to observe all of these rules and, so far as within his power, cause all the rules to be observed.


QUORUM


When the grand jury meets, if any are absent after being summoned, then those present constitute a quorum.

All decisions of grand jury are decided by majority vote of members present.

If any member dies or leaves the country, or in any other way is prevented from carrying out the grand jury's decisions, the remaining grand jurors shall choose another to fill his place and he shall likewise be sworn in.


FINALITY OF DECISIONS


No decision of a grand jury is reviewable in any court of the government.


JURISDICTION


Any government transgression against anyone in any respect.

Any government breaking of articles of peace or security.

Any dispute regarding anyone who has been disseized or removed, by the government without a legal sentence of his peers, from his lands, castles, liberties or lawful right.


PROCEDURE I
Dispute Settlement


If the grand jury is informed of any dispute regarding anyone who has been disseized or removed (by the government without a legal sentence of his peers) from his lands, castles, liberties or lawful right, then the dispute shall be settled by the grand jury.


PROCEDURE II
Enforcement


Four of the members must be shown that because of the government,
A. A transgression has occurred against any one in any respect, or
B. Some one of the articles of peace or security has been broken

The four members must show to the government the government's error.

The four members must ask the government to amend that error without delay.

If the government does not amend the error within 40 days after being shown the error, then the four members shall refer the matter to the remainder of the grand jury.

The grand jury may distrain and oppress the government in every way in their power, namely, by taking the homes, lands, possessions, and any way else they can until amends shall have been made according to the sole judgment of the grand jury.


LIMITATION OF POWERS


The grand jury may not imprison or execute any government personnel or their children.


PUBLIC SUPPORT


Anyone (people or citizen) who chooses to help enforce the grand jury decision must first swear that he will obey the mandates of the grand jury, and that with them to the extent of his power he will impose the grand jury's decisions upon the government.

The authority to support the grand jury is pre-authorized by the government.

If anyone refuses to support a grand jury decision, the government will force him to swear his support of the grand jury.


LIMITATIONS ON GOVERNMENT


The government is prohibited from doing anything to diminish the effect of the grand jury.

If the government does prohibit or diminish the effectiveness of the grand jury, it shall be vain and invalid and may not be used in any later proceeding by the government or anyone else.


TERMINATION OF ENFORCEMENT


When all issues are settled to the satisfaction of the grand jury, things shall return to normal as they were before. No grudges.




--------------------------------------------------------------------------------

Reactivating the Common Law Grand Jury

A Brief Strategy Suggestion

BACKGROUND


When the colonies separated from England, King John retaliated by revoking the charters. Technically, the colonies were without any legal authority to operate. However, civics (the branch of political philosophy concerned with individual rights) was generally taught and known by the people who asserted their rights and maintained order by applying the common law. The people united in the form of common law grand juries and continued the functioning of government.

As the legislatures matured they slowly increased governmental power while simultaneously reducing personal sovereign power. This was done through a combination of passing pro-government legislation and reducing or eliminating education about civics. Today, two and a quarter centuries later, hardly anyone even knows the meaning of the word, "civics."

Despite the fact that the state and federal constitutions still acknowledge the common law as the ultimate law system, people everywhere are conditioned to believe that the statutory law and codes are the only source of law. The only remaining common law term generally known among the public is "common law marriage."

The common law grand jury is now dormant only because of the public ignorance of its powers that supercede all other government entities, including the modern statutorily defined grand jury. Awakening the grand jury will not be graciously accepted by the government. A strategy is needed to reintroduce this fundamental protection against tyranny and injustice.


STEP 1 - ESTABLISH LEGITIMACY


The first step is to get public acceptance. Every dictator in history understood the power of the people and cultivated their support either through enticements or threats. Reactivating the grand jury concept will go through four traditional stages: denial, ridicule, violent opposition, then self-evident acceptance.

Theoretically, the grand jury can meet anywhere, anytime. But that is hardly good image. One way to get public acceptance and minimize denial, ridicule, and violent opposition, is to hold the grand jury sessions in the public court house. The foreman could apply to a court administrator for use of one of the rooms in the public courthouse. If it is refused, then the court administrator should, under common law procedures, be sued for his dereliction of duty.

The grand jury should follow normal protocol. In other words, if the grand jury begins a process on its own, the resulting accusation is called a presentment. If a prosecutor orginates a process, then the jury returns to the prosecutor an indictment (also called a "true bill") on acceptance, or a "no bill" on denial. [Note: be careful with your words. wrong words may result in inaction! If you call the presentment an indictment, the prosecutor may feel no obligation because he did not initiate the process!]


STEP 2 - GAIN PUBLIC ACCEPTANCE


The second step is to start small. The grand jury could take on issues which anyone can easily see should be prosecuted. As public acceptance increases, the grand jury can enlarge its field of inquiry. The grand jury should have a strong public relations program for this step.


STEP 3 - TAKE ON LARGER PROJECTS


The third step is to take on grander objectives. If the first two steps are well executed, then this step will be the easiest. With both legitimacy and acceptance established the grand jury can make itself felt.

See United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992) for a discussion of separation of powers of government and grand jury.

POSSE COMITATUS


Posse comitatus or sheriff's posse is the common-law or statute law authority of a county sheriff or other law officer to conscript any able-bodied males to assist him in keeping the peace or to pursue and arrest a felon; compare hue and cry.

The powers of sheriffs for posse comitatus were codified by section 8 of the Sheriffs Act 1887, the first subsection of which stated that:

Every person in a county shall be ready and apparelled at the command of the sheriff and at the cry of the country to arrest a felon whether within a franchise or without, and in default shall on conviction be liable to a fine, and if default be found in the lord of the franchise he shall forfeit the franchise to the Queen, and if in the bailiff he shall be liable besides the fine to imprisonment for not more than one year, or if he have not whereof to pay the fine, than two years.

http://en.wikipedia.org/wiki/Sheriffs_Act_1887
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Re: lawful rebellion info inc magna carta & bill of rights

Postby holy vehm » Mon Mar 21, 2011 8:18 pm

AN AFFIDAVIT OF INFORMATION & INTENT.


AFFIDAVIT OF INFORMATION & INTENT
IN SUPPORT OF MAGNA CARTA:
Lawful Rebellion
Served by Stan; of the ***** Family
Date: ********
To whom it may concern
This is an affidavit. It is not a letter. To treat this affidavit as a letter represents a serious legal risk to you personally. It may have serious consequences - the least of which may be charges of fraud. If you have difficulty in understanding it, then you are sincerely recommended to seek advice. This AFFIDAVIT OF INFORMATION & INTENT IN SUPPORT OF MAGNA CARTA is of the gravest of importance, and your full and immediate attention is necessary. It is sworn, under solemn oath, and attested by three (3) Free Men/Women of good standing and character.
1) MAGNA CARTA: Chapter 61 of the Magna Carta covers the subjects’ rights to appeal to a committee of Barons for redress against a tyrant.
2) In 1999, after several hundred thousand postcards were sent to Her Majesty, The Queen, urging her not to sign the TREATY OF NICE, a quorum of 65 peers, acting under the MAGNA CARTA, Chapter 61, selected 25 of their number to form such a committee. They were satisfied that the conditions required to justify the use of the procedure specified in Chapter 61 of the Magna Carta were established.
3) Four of these peers served the petition on Her Majesty on 7th February 2001, insisting that she should; “Withhold the royal assent from any Parliamentary Bill which attempts to ratify the TREATY OF NICE unless and until the people of the UK have given their clear and specific approval; uphold and preserve the rights, freedoms and customs of your loyal subjects as set out in Magna Carta and the DECLARATION OF RIGHT, which you, our sovereign, swore before the nation to uphold and preserve in your coronation oath of June 1953.” (The service of the Barons’ petition was reported in the Daily Telegraph on the 7th February 2001.)
4) These things she has conspicuously failed to do.
5) As a consequence of her failure to comply, all loyal subjects are required “Together with the community of the whole realm, distress and distain us (the crown) in all possible ways, namely by seizing our castles, lands, possessions, and in other way they can, until redress has been obtained as they see fit,,,”
6) The fact that “The whole community of the realm” is obliged to support the Barons’ Committee, means that individual officials have no authority to issue demands in the name of the crown, and commit the statutory offence of “fraud by misrepresentation” if they try.
7) The courts have no authority to deny the subjects’ rights. Representatives of the crown may not breach the common law maxim that “No man may sit in judgment of his own cause.” It is for the Barons Committee to let us know when they are satisfied that redress has been obtained.
8) The Barons Committee procedure is based on the subjects’ common law right of “Duress of Circumstances” – we may commit minor crimes in order to prevent a worse one happening.
9) Transferring allegiance is not treason because the oaths of allegiance are to the office, not the holder.
10) Accordingly, as a loyal subject, I have entered into lawful rebellion, as demanded and required by Chapter 61 of Magna Carta, and as authorised by the Committee of Barons’ acting under Chapter 61. When redress, as determined by the Barons Committee, has been achieved, I will once again be a true and loyal subject to the holder of the office.
11) Until such a time may be reached, I require you, and all other council officials, employees, agents, and the like, to honour your obligation to enter lawful rebellion as per Chapter 61 of the Magna Carta; to honour this obligation on others, and to cease and desist all official demands for moneys, service, or obedience to any and all statute legislation disguised as law to, and by, any and all people in the common law realm of England, whether by yourself, other officials, other employees, agents and the like.
12) Any demand made by you, or any other official, employee, or their agents and the like, will be rejected by me and justified under said Chapter 61 and under “Duress of Circumstances.”
13) Any such demand made by you or through you as agent, facilitator or the like, will be construed as “Fraud by Misrepresentation” at the very least, and may result in legal action against you personally.
14) Your attention is drawn, once more, to the emboldened type in 5, 6 and 7.
15) You have ten (10) days from the date of service of this AFFIDAVIT to refute, or otherwise disprove, the truth of law detailed within, and your obligation to enter into lawful rebellion and to honour others’ right, obligation and requirement also so to do. These ten (10) days also give you opportunity to recant, enter into lawful rebellion as required and obliged, and to cease and desist from any and all demands in support of the crown. Your failure to refute or otherwise disprove the contents as they stand, will be construed as your agreement and an admission that, should you continue to act in an official capacity in support of the crown, you are knowingly acting unlawfully - in fraud, and in treason - when you continue to make demands on the loyal subjects of this common law realm, and attempt to enforce any action in support of the crown. Failure to respond will be construed as your tacit agreement that the contents of this affidavit are true and irrefutable, and that any continued action by you in support of the crown is done so wilfully, knowingly and in fraud and treason. Your failure to refute, or to respond, within the time stated will result in lawful estoppels and you will not, at any time in the future, be able to engage in dispute in this matter in order to refute or disprove the truth of law contained within this document.
16) Any demand made by you in the execution of duties to, or in support of, the crown will be regarded as fraud, at the very least, and may result in serious legal action against you personally in a court de jure. Any documents you may serve in support of such action will be retained and used, where necessary, as evidence (including this affidavit) in support of any claim that may be made against you.
17) Should you recant and enter into lawful rebellion, as required and obliged by law, to achieve redress as demanded by the people through the Barons Committee, past errors and omissions are to be forgiven, nunc pro tunc, and amnesty assured.
18) All responses to this affidavit must be in the form of an affidavit, sworn under oath and penalty of perjury, on your full commercial liability, witnessed and signed, and to arrive at the above postal location within ten (10) days of receipt of this affidavit.
19) Sworn under solemn oath and autographed this day..
…………………………………………..by myself…………………………in the presence of three witnesses who affix their autographs below.



This is a first draft of a proposed follow up to the affidavit.
NOTICE OF FAULT & OPPORTUNITY TO CURE
ARTICLE 61 MAGNA CARTA

Stan; of the ******* Family/affiant;
To whom it may concern/respondent
Served by
Date:
Attention all councillors.
1) Because you have failed to respond to an affidavit served on you on such a date, and because you have failed to dispute or disprove the contents, and have not publicly entered into lawful rebellion, you are now believed to be in dishonour of your obligations under the treaty of Magna Carta, 1215, Chapter 61, and your office of town councillor is thus unlawfully held. Any and all demands and actions made by you in execution of your office in support of the crown are therefore unlawful, and done in fraud and misprision of treason.
2) This right of lawful rebellion exists because we would otherwise be slaves to the holder of the office (without the right to redress wrongs done to us by a malfeasant office holder) to whom we have loaned and invested our individual God-given sovereignty; in whom we repose our faith and our trust that they do right by the people who entrust such power and authority – which is to uphold the rights and freedoms and customs of the people and to maintain us in our ancient sovereignty, as sworn by solemn and public oath.
3) Because you have failed to respond to this first affidavit or declare your entry into lawful rebellion, you are now believed to be in breach of your obligations under Magna Carta and oath of office. Such oath is given to the office of the crown and the crown oath is given to the people. Thus, your oath is to the people through the office of the crown. As the holder of the office of the crown is now in disrepute and the subject of lawful rebellion, your oath no longer carries authority and all power of signature is withdrawn from you. The continued use of such delegated power of signature is well defined in law as “fraud by misrepresentation”, a statutory offence which opens you, personally, to a commercial injury claim for damages by all parishioners currently under the aegis of Kirklees Town Council, and in addition to any other legal action which may be taken against you.
4) Any claim you may make for continued lawful authority is supported only by those who are themselves acting in fraud and in misprision of treason, or ignorance, and who have, themselves, been divested of all authority.



5) Because there is a possibility that the complicated and extremely serious nature of my first affidavit to you requires greater consideration, and that you may need more time to reflect on its contents and its purport, I most sincerely offer you a second opportunity to examine and revise your apparent decision to uphold the crown in its unlawful actions against, and contrary to the wishes of, the people of this common law realm.
6) Accordingly, and for the avoidance of any doubt, I grant you a further ten (10) days to consider the facts as presented in the first affidavit and to amend your position relative to them.
7) Failure to redress your fault in this matter will keep you outside the law of the common people, declare your intent on the destruction of their sovereign independence, freedoms, rights and customs, at the hands of a foreign power, viz; the EUROPEAN UNION, whose unlawful acts and statutes, rules and regulations, created and enforced by the unelected administrators and bureaucrats of this foreign power, daily oppress us to our great and continuing detriment and further reduce our ancient sovereignty and independence, eroding our rights, removing our customs and imposing summary justice in place of common law.
8) Further, your continued fraud and misprision of treason against the people of this common law realm - which latter charge carries the dual penalty of life in prison and all wealth to be stripped forever from you - renders you liable to summary arrest.
9) An arrest may be made by anyone.
There are maxims in common law which state; It is a crime to conceal a crime and he who conceals a crime is guilty of the same crime. It is a crime to fail to prevent a crime when the power to prevent exists, and that one is guilty of the same crime as though he himself had committed it.
10) CITIZEN’S ARREST: “An arrest by anyone other than a police officer. Such an arrest is lawful.” See Oxford Dictionary of Law, page 91. See also “Arrest” ibid, page 38.
11) Your response to this NOTICE of FAULT & OPPORTUNITY TO CURE; to the original AFFIDAVIT of INFORMATION & INTENT, must be timely and appropriate, be made under oath, penalty of perjury, and upon your full commercial liability, signed and witnessed. Responses must be received at the above postal location within ten (10) days of receipt of this Notice and sent by Royal Mail special delivery for proof of receipt. Failure to respond to my original affidavit, appropriately and timely, will be construed as your inability to refute, or otherwise disprove, the contents, confirm you in your unlawful state, and leave you open to the possibility of summary arrest.
12) In entering into lawful rebellion you may retain office in service of the people whilst lawfully denying the means of support to the crown.

13) Reliance upon repeal, or amendment, of statute will be ineffective; as such repeals and amendments affect only the statute introduced by Edward 1 in 1297 and not the treaty of 1215, which stands in perpetuity. Articles of a treaty may not be unilaterally rescinded without returning to the state of affairs the treaty ended, and no article of any treaty may be rescinded by any who were not signatories.
14) Such unilateral rescission of articles of the treaty of 1215 has, in fact, taken place by Her Majesty’s rejection of the petition served by the Barons Committee. The renunciation of the terms of a treaty, which ended civil war between the crown and the people, returns the realm to a condition of internecine strife in which the people may, once again, lawfully remove the authority they invested in the presently malfeasant holder of the office of sovereign until such time as present wrongs have been righted.
15) The loss of authority of the sovereign office holder is reflected in all subsets of sovereign authority, such as councils, whose own authority and power of signature is derived from their oath to the people through the medium of the sovereign – that authority being removed from the holder of the office of sovereign removes authority from those who have taken oath under it. The servant of the servant is dismissed when the servant is dismissed.
16) The Magna Carta 1215 is a peace treaty - not statute - and is not, unlike the statute of Edward 1, amenable to unilateral parliamentary repeal. The Statute of Edward 1 is a copy of the Magna Carta, written into statute form. The subsequent repeals and amendments of this statute affect only the statute. When the copy is altered, or destroyed, the original is unaffected.
17) The Magna Carta, in its original form, stands as law today just as it did in 1215, according to the HOUSE OF LORDS – which is the highest court in the land. The obligations under the terms of this treaty have the same full force today as then. The procedure of lawful rebellion, as prescribed and enjoined in Chapter 61, remains intact, inviolable, lawful and obligatory.
18) The lawful authority for commencing the procedure of Chapter 61, lies in the rejection of the petition presented by the four Lords.
19) The following list (1st list) is of the 65 peers who formed the quorum which selected the committee of 25 (2nd list) and out of which four (3rd list) were chosen to present their petition for redress of present wrongs to Her Majesty.
20) You are commended and enjoined to make enquiries to any or all of these Lords regarding this most serious matter.


Autographed: Stan; of the*****Family
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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Re: lawful rebellion info inc magna carta & bill of rights

Postby holy vehm » Mon Mar 21, 2011 8:19 pm

"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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Re: lawful rebellion info inc magna carta & bill of rights

Postby holy vehm » Mon Jun 13, 2011 8:51 am

Reasons to enter lawful rebellion


(link provided by treeman)
http://www.ashleymote.co.uk/?p=3036

Mismanagement of House of Lords Reform
Should Create Constitutional Crisis

But will Lawless Government Ignore Legal Consequences?

Reform of the House of Lords in 1999, which resulted in all but 92 hereditary peers losing their seats, was not completed with due parliamentary process. It was therefore unlawful.

One inescapable legal consequence follows. It means that every Act of Parliament passed by the two Houses of Parliament and granted the Royal Accent since 2000 is unlawful, because an unconstitutional House of Lords was not, and could not be, a properly constituted party to the parliamentary process.

The full implications of this sensational fact have only just come to light. Perhaps the most important recent Act of Parliament now in serious doubt is the ratification of the Lisbon Treaty which converted the UK government from being one of 27 theoretical masters of the EU into its servant.

The first piece of this astonishing jigsaw came to light when it emerged in 2008 that the Brown government inadvertently admitted the removal of passes to hereditary peers was unlawful. A small point, you might think. But no. It rests at the very heart of our constitution.

The authority for this admission, with its potentially catastrophic unintended consequences, was Baroness Ashton. Now the almost invisible head of foreign affairs in the European Union, at the time Baroness Ashton was the equally invisible Lord President of the Council, and responsible for constitutional matters in the House of Lords on behalf of the government.

Stay with the next few paragraphs of detail. They are crucially important.

On 29 September 2008 Lord Laird received a written answer to a question about Letters Patent. (Hansard column WA 398.)

Lord Laird asked Her Majesty’s Government: By what means Letters Patent creating peerages can be changed; and in what legislation that has occurred. [HL5196]:

The Lord President of the Council (Baroness Ashton of Upholland):

The effect of Letters Patent creating peerages can be changed by legislation which has that specific effect. It cannot be changed by legislation of general application.

Thus, the Peerage Act 1963 allowed Peeresses in their own right to sit in the House of Lords regardless of the terms of any Letters Patent creating the peerage. The House of Lords Act 1999 removed the right of anyone to sit in the House by virtue of a hereditary peerage unless they were specifically excepted from the provisions.

Conversely, the House of Lords decided in 1922 in the case of Viscountess Rhondda that the terms of the Sex Disqualification (Removal) Act 1919 were not sufficiently specific to allow her to take her seat in the Lords when her Letters Patent allowed her to inherit the peerage, but not the seat in the Lords.

I am aware of only one case in which the effect of individual Letters Patent has been changed by Act of Parliament, which is that of the Duke of Marlborough in 1706.

All that might sound dull, legalistic stuff, but the consequences are huge. The key words are in the first paragraph : ‘The effect of Letters Patent creating peerages can be changed by legislation which has that specific effect. It cannot be changed by legislation of general application’.

Membership of the House of Lords is dependent upon receipt of Letters Patent by recently ennobled peers from officials directly serving the Monarch. They are not issued by the government.

So the clear consequence of Baroness Ashton’s written answer to Lord Laird is that
no peer was lawfully removed from his or her seat in the House of Lords by the House of Lords Act 1999 precisely because it was ‘general legislation’, and did not debar any individual peer of the realm.

Indeed this piece of ‘general legislation’ did not empower Her Majesty’s Government to impede a single hereditary peer who had taken his or her seat in the House of Lords after having sworn the Oath of Allegiance to the Crown, from continuing to carry out their solemn duties in the House of Lords as Councillors to the Crown, in accordance with the British Constitution.

This unequivocal – if belated – clarification of the constitutional position confirms that some 900 hereditary peers were wrongly dispossessed of their Letters Patent. Their right to attend the House of Lords was not revoked by the House of Lords Act 1999.

Then, as if to underline the shambles which passes for a Nu-Labour government, Baroness Ashton absent-mindedly and separately told the Lords that:

‘The House of Lords Act 1999 removed the right of anyone to sit in the House by virtue of a hereditary peerage unless they were specifically excepted from the provisions’.

She had either forgotten her written answer to Lord Laird, or chosen to forget. Or did nobody in her office think to check the facts before she spoke?

In much the same casual and careless style, immediately after the apparently lawful passage of the House of Lords Act 1999 and to avoid any untoward consequences, the Blair Government initiated two surreptitious, unconstitutional operations to secure their unlawful reform.

First, they somehow managed to persuade most of the hereditary peers to hand over their Letters Patent despite the fact that they were provided directly by the Monarch and remain the property of each hereditary peer to this day.

Secondly, immediately after the House of Lords Act 1999 had received the Royal Assent, all hereditary peers who were to be exclude from the Chamber had their passes removed from them, so that they could be physically prevented from gaining access.

All of which raises serious questions about the role of the then leader of the Tories in the House of Lords, Lord Cranborne, who agreed this shoddy arrangement with Blair apparently behind the backs of the leaders of the Conservative Party at the time, and – it is now clear – without even having the wit to check the legal status and rights of the peers being ejected.

Unsurprisingly, the British media did not unearth this fundamental piece of constitutional dishonesty at the time, nor in the following decade. Nor were they much interested in the efforts of one peer’s attempt to rectify it in June last year.

That was when Lord Mereworth, a debarred hereditary peer, quietly decided to put this crucial constitutional legal standoff to the test.

He requested a pass so that he could present his Letters Patent, take his oath of Allegiance to the Crown and then take his seat in the House of Lords.

When he discovered that the House of Lords authorities would not issue a pass enabling him to gain access to the Chamber, Lord Mereworth then wrote to The Lord President of the Council (no longer Baroness Ashton) :

The Lord President of the Council
The House of Lords,
Westminster,
London SW1A 0PW
By First Class Special Delivery
22nd June 2009

Dear Lord President,

Please accept the following as a token of esteem. Set out below is the published written question asked by Lord Laird of Artivargan and the written response given by your predecessor Baroness Ashton of Upholland on behalf of Her Majesty’s Government on 29th September 2008.

Given the answer, it is clear that the hereditary peers’ Letters Patent were not amended by the House of Lords Act 1999 owing to the fact that the said Act is a piece of legislation for general application. Your predecessor’s answer put beyond doubt that my peerage and connections with the House of Lords do meet the requirements for a pass to be issued to me forthwith.

I enclose a copy of my letter dated 24th April 2009 to Sir Michael Wilcox KCB, the then Gentleman Usher of the Black Rod, requesting him to renew my pass to the House before it expired at the end of April 2009.

I felt sorry for Sir Freddie Viggers, the current Gentleman Usher of the Black Rod, [who is] clearly a dignified man of honour, who would not have demeaned himself by signing the letter on 17th June in response to my letter of 24th April unless he had been ordered to do so.

The response was as follows:-

‘I have looked into the renewal of your House of Lords pass and I have discussed this with the Lord Speaker, the usual channels and the Clerk of the Parliaments. I must inform you that it will not be possible to agree your request. Your peerage and connections with this House do not meet the requirements for a pass to be issued, and I am not able to issue a waiver.

I enclose a copy of the said letter. In light of the above and bearing in mind that I have had to wait two months for a totally incorrect and an extremely embarrassing response, I hope you will upon receipt of this letter acknowledge it by return and confirm that you have instructed Sir Freddie Viggers, to issue me with a House of Lords pass within seven days of the date of this letter.

Yours faithfully
Lord Mereworth.

The full reply to Lord Mereworth has never been made public, but since the Lord President of the Council at the time was none other than Lord Mandelson, we can safely assume the word “No” featured prominently.

The legal consequences of this situation, now it has come fully to light, are immense.

Not only are some 900 specific Acts of Parliament required to debar the hereditary peers who have been unlawfully ejected from the House of Lords, but the chances of their being passed are nil – precisely because those same 900 peers would have to be re-admitted to allow the process to be conducted lawfully!

All foreign and Commonwealth governments should be informed in case there are consequences elsewhere which require attention.

The European Union should be told that every one of its pieces of legislation enacted by an Act of Parliament since 2000 is null and void. (This would present the ideal opportunity to withhold funds to the EU, at least until all the consequences of this crisis were clarified.)

Even more importantly, the British people now have the an overwhelming legal right to question every judicial and governmental decision based on every Act of Parliament since 2000, while the incoming government, whatever its composition, starts with a statute book the last lawful entry in which was some ten years ago.

Everything since was unlawful!

There is a splendid irony here. Having thrown the constitutional furniture around the room in this wanton fashion ten years ago, Nu-Labour then packed the House of Lords with its own cronies, almost none of whom have since shown any understanding of, or respect for, the British constitution. Yet they all now enjoy the trappings of ennoblement, and hold the very Letters Patent unlawfully denied to some 900 others.

No doubt both the head man, now a multi-millionaire, and his dour Scottish side-kick aspire to joining them one day. Their respective wives will doubtless see to it.

Meanwhile, and much more seriously, the Privy Council has an unavoidable obligation to advise the Monarch on the constitutional situation which has finally come to light.

Someone has the unenviable task of informing Her Majesty that every one of the Acts of Parliament to which she granted the Royal Assent since 2000 is null and void because the parliamentary process before it arrived on her desk was fundamentally flawed.

And it will come as no surprise when the unlawfully removed hereditary peers petition Her Majesty to intervene and reinstate the House of Lords to its lawful composition by returning their Letters Patent.

However, the supreme crisis is simply this. Unless the incoming government is prepared knowingly to break the law (because they cannot claim to be ignorant of it) no new legislation can be passed with due parliamentary process and offered to Her Majesty for Royal Assent because the means of completing that process have been fatally undermined by the House of Lords Act 1999.

And to repeal it will require the re-instatement of all hereditary peers.

‘Seeing what’s at the end of one’s nose requires constant effort.’ George Orwell.
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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Re: lawful rebellion info inc magna carta & bill of rights

Postby holy vehm » Thu Dec 08, 2011 9:14 pm

Further reading.

viewtopic.php?f=36&t=8425 (assize of arms 1181)

viewtopic.php?f=36&t=8138 (malitia)

viewtopic.php?f=36&t=7470 (unlawful combatant)
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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