clause 61 of Magna Carta

clause 61 of Magna Carta

Postby Freemancol » Sat May 28, 2011 2:14 pm

To the wise I address this question,

Some poo pooers have suggested that clause 61 of Magna Carta is no longer operative as it was repealed by a statute in 1860 something. I assume that what they mean is that clause 61 of Magna Carta 1297, a government statute was repealed in 1860 something. Is this the case here? Also there is a widespread opinion that Magna Carta 1215, the original and not a contrived copy, was written so that it applies in perpetuity and is inviolable and cannot be revoked. Is this also the case?

Any replies much appreciated.

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Re: clause 61 of Magna Carta

Postby rebelwithoutaclue » Sat May 28, 2011 4:16 pm

Is magnate carter 1215 not an agreement between people and king?
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Re: clause 61 of Magna Carta

Postby pedawson » Sat May 28, 2011 5:24 pm

In one of my old post's I wrote: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.

The magna carta is not under parliament control as it was produced prior to the assembly of parliament. None of the magna carta paragraphs can be repealed it is not negotiable and certainly trumps statutes and acts.

The Statute Law Revision Act, 1867, attempted to take common law into statute and then repeal it. But, as has been argued, this cannot happen, since common law is above statute law and pre-dates it. In any case, both Magna Carta and the Declaration of Rights specifically reject any such attempt to amend or abolish them.

There is no supporting evidence for Halsbury’s claim, that only clauses 1, 9, 29 and 37 of Magna Carta still stand today. Blackstone and Dicey make no such claim.

Namaste, phil;
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