Coventry Common Law Court Urgent Improvements proposal Contents Pt 1, Notice of understanding and Notice of intent of lawful seizure of Coventry City Council. Pt 2, Causes for concern regarding Coventry City Council evidence implying corruption and harm to the residents of the city of Coventy. Pt 3, The introduction of public monitoring of Coventry City Council and introduction of a public council board to ensure the needs of the residents are met. Pt 4, Proposals for introduction of changes benefiting the local economy and the health of city residents. Pt 5, Points of law explaining the legal standing and rights of the residents under lawful rebellion and the Magna Carta clause 61. COVENTRY COMMON LAW COURT From: Rhianne Baines (Public Justice of the Peace) To: Martin Reeves (CEO) Head sheriffs office: Coventry Coventry city council Tel: 07868 566 856 Email: r.bainesmonlawcourtscentral.org Notice to principle is notice to agent notice to agent is notice to principle NOTICE OF LAWFUL SEIZURE OF GOVERNMENTAL / CROWN / PUBLIC BUILDING OR SPACE in accordance with MAGNA CARTA - CLAUSE 61 - Right to Lawful Rebellion THIS PLACE HAS TODAY (date) .............................................. . BEEN PEACEFULLY & LAWFULLY SEIZED In honour & duty In full knowledge of treason being committed in Parliament, by delivering the Sovereign Peoples of this Common law land into the hands of foreign powers (EU) From Article 61 of Magna Carta 1215: laying the transgression before us, petition to have that transgression redressed without delay. And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm), the four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations towards us. And let whoever in the country desires it, swear to obey the orders of the said five and twenty barons for the execution of all the aforesaid matters, and along with them, to molest us to the utmost of his power; and we publicly and freely grant leave to everyone who wishes to swear, and we shall never forbid anyone to swear. All those, moveover, in the land who of themselves and of their own accord are unwilling to swear to the twenty five to help them in constraining and molesting us, we shall by our command compel the same to swear to the effect foresaid. telegraph.co.uk/news/uknews/1321462/Peers-use-Magna-Carta-to-oppose-EU-charter.html All that is required for evil to prosper is for good men to do nothing NOTICE OF UNDERSTANDING Notice to agent is notice to principal, notice to principal is notice to agent Respondent: Coventry central police station and all officers throughout the West Midlands It is a requirement under English Common Law, which has primacy, that if an individual or individuals believe a possible crime has been committed they have to report the same. To not report the crime is indeed another crime. Therefore, we, the undersigned injured parties, sui juris sovereign men and women under the Common Law of England, are competent to state that the following matters are true, correct and complete, presented in good faith, and not intended to mislead. WHEREAS, it is our understanding that: 1) A long range deception strategy to create a single federal European state with the erosion of each nation’s sovereignty, currency and the powers to determine its own laws and affairs, was finalised by the geo-political centre of the Third Reich in Berlin 1942. This was done with the effect that should the Nazis lose the war militarily, they could continue their plans for a European dictatorship economically, through corporatism, and political subversion. Their future shape of Europe is detailed in the seminars entitled ‘Europäische Wirtschaftsgemeinschaft’ (Public document WorldCat OCLC number 31002821) translated in English as ‘European Economic Community’ which is presented as evidence. The chapter headings of this Nazi document were replicated almost verbatim in the 1992 Maastrict Treaty. 2) Since the end of the war, divers treasonous persons, groups and movements with this ideology, have conspired to build on this agenda which has become known as the European Union. 3) The involvement of the United Kingdom in this agenda began in 1948 with the formation of the European Movement. This was a state funded Anglo-French pro-federal Europe lobbying body posing as a non-governmental grass roots pressure group. A document outlining the detailed origins of this movement is presented as evidence. 4) The said movement is still publicly active today lobbying for total European Integration and a European Constitution. 5) The first move toward a federal Europe did not involve Britain directly. It was the signing of the Treaty of Rome in 1957 by Germany, France, Italy, Belgium, Luxembourg and The Netherlands. 6) Meticulous research has uncovered a wealth of official, archival documents from the period 1970 - 72 which shows the deceit perpetrated by the ruling elite at the time and these documents have been released after the thirty year rule. 7) The Common Law applies to all sovereign living breathing men and women and dictates that we are all born free to do what we choose for ourselves provided we do not cause harm, injury or loss to another’s life, liberty or property or their rights to life, liberty or property. 8) England, within the United Kingdom of Great Britain is a Common Law jurisdiction and British Parliament has no lawful authority ever to breach, surrender, lend, or transfer, even temporarily, sovereignty except when conquered in war. 9) No one (neither Monarch, nor Prime Minister, nor any prelate, politician, judge or public servant) is above the Common Law of Great Britain that forms the British Constitution (Magna Carta 1215, the Declaration and Bill of Rights 1688/89, the Coronation Oath Act 1689 and the Acts of Union, Succession and Settlement 1701-07). 10) The Declaration of Rights 1688 is an unrebutted claim of right by the people and therefore beyond the reach of parliament and still stands to this day. That declaration includes the clause “…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.” This is mirrored in the Bill of Rights 1689 which still stands as legislation. 11) Treason in statute law was redefined by the Treason Act 1795 for the principal forms to include: a) compassing the death or serious injury of the sovereign or his (or her) spouse or eldest son; b) levying war against the sovereign in his (or her) realm, which includes any insurrection against the authority of the sovereign or of the government that goes beyond riot or violent disorder; c) giving aid or comfort to the sovereign’s enemies in wartime. 12) Treason at Common Law is the offence of attempting to overthrow the government of a state to which the offender owes allegiance; or of betraying the state into the hands of a foreign power. 13) Sedition at Common Law means overt conduct, such as speech and organisation, that is deemed by the legal authority as tending toward insurrection against the established order. Sedition includes the subversion of a constitution and incitement of discontent (or resistance) to lawful authority. 14) The evidence presented in the ‘Shoe Horned into the EU’ files shows that the Heath Government of 1972 was well aware that an essential loss of Britain’s sovereignty would occur within thirty years with the passage of the European Communities Bill and knew it would, in all likelihood, be rejected if brought to the people, which of course it was not. This in itself is an act of sedition at Common Law. 15) The passage of the European Communities Act in 1972, establishing the principle that European Law would always prevail over British Law in the event of a clash, thereby overthrowing the supremacy of the British Parliament, was a criminal act of treason at Common Law by the Heath Administration. 16) The signing of the Single European Act in 1986 reducing Britains independent decision-making powers further by extending majority voting in certain areas of policy making, was a criminal act of treason at Common Law by the Thatcher Administration. 17) The signing of the Maastrict Treaty in 1992, based on the original EEC Berlin document of 1942, surrendering sovereign powers of the Queen in Parliament to an unelected body in Europe was a criminal act of treason at Common Law by the Major Administration. 18) The signing of the Amsterdam Treaty in 1997 increased the European Union’s powers for action at Community level. This included further European integration in legislative, police, judicial, customs and security matters and strengthened Europol. The signing of this treaty was a further act of treason at Common Law by the Blair Administration. 19) With the full knowledge of this treason and to escape pending prosecution, the Blair Government repealed the treason legislation in section 36 of the Crime and Disorder Act of 1998, abolishing the death penalty. This included the repealing of the Treason Act of 1795. However, the crime of treason at Common Law still stands as Common Law has primacy. A document outlining these changes to the statute is presented as evidence. 20) The signing of the Nice Treaty in 2001 and the EU Constitution in 2004 were further acts of treason at Common Law by the Blair Administration. 21) In an attempt to further protect themselves against criminal prosecution, the Blair Government removed the word ‘Sovereign’ from the Oath of Office of Constable in the Police Reform Act 2002 (s.83) and also modified the legislation to enable non-British nationals to become officers (s.82). These are acts of both sedition and treason at Common Law. A document outlining these changes to the statute is presented as evidence. 22) The signing of the Lisbon Treaty in 2008 surrendered further control of policy including that related to immigration and borders. This was a further crime of treason at Common Law by the Brown Administration. 23) The Treasury department of the European Community has never allowed an independent audit by professional accountants of their books in the last 14 years. One year of non-publication is a criminal offence. In fact, its financial accounts have been disapproved by the EU’s own Court of Auditors for the past 14 years running. This crime has already been reported to the UK Serious Fraud Office by former MEP Ashley Mote. They are in possession of the evidence and have confirmed to him that the remittance of British taxpayer’ funds into the hands of this criminal enterprise is, of course, a criminal offence. 24) A signed letter written to former constable of Thames Valley Police, Albert Burgess, from Leolin Price QC on the subject of the Heath treason evidence states that the case he (Burgess) puts forward is ‘arguable’ and does ‘merit serious consideration and investigation’. To the best of our knowledge, this letter is authentic and a copy is presented as evidence. 25) The Six EU treaties since 1972 are unlawful and should be struck completely from the statute books. THEREFORE be it known to you that in accordance with your oath of attestation to Her Majesty the Queen, it is your sworn duty to investigate and bring to justice, in an acceptable and timely manner, the perpetrators of these crimes against us. We consider these the greatest crimes perpetrated against this country and its people in a thousand years. Those responsible must be brought before a properly convened court de jure and tried by the people under the Common Law of this Land. WE NOW AFFIRM that all of the foregoing is true and correct and that we are of lawful age and competent to serve this Notice. We hereby affix our own signatures to all of the affirmations in this entire document with explicit reservation of all our natural unalienable rights and our specific common law right not to be bound by any contract or obligation which we have not entered into knowingly, willingly, voluntarily, and without misrepresentation, duress, or coercion. Signed this _______________ day of __________________________ the year of 2014. Name:________________________________ Signature:____________________________ Address:__________________________________________________________________ Name:________________________________ Signature:____________________________ Address:__________________________________________________________________ Name:________________________________ Signature:____________________________ Address:__________________________________________________________________ Name:________________________________ Signature:____________________________ Address:__________________________________________________________________ Name:________________________________ Signature:____________________________ Address:__________________________________________________________________ Name:________________________________ Signature:____________________________ Address:__________________________________________________________________ Pt 2, causes for concern regarding Coventry City Council and evidence implying corruption and harm to the residents of the city of Coventry. Coventry city council have consistently failed in maintaining adequate statistics and failed numerous inspections as well as being involved in many money laundering scandals over at least the last 10 years. The residents of Coventry continue to suffer as a result of this. ( see pdf New_Quick_Stats_2013_v1.1_Sep14_.pdf) From coventry.gov.uk/headlinestats As you can clearly see Coventry is clearly failing when compared to other areas in the West Midlands. Homelessness, crime, life expectancy, poverty, economic inactivity, active local businesses, recorded crime and violence have worsened, the health and poverty of the residents of the city needs urgent attention, social services need urgent attention, local business and the economy needs urgent attention, the residents of this city are beneficiaries of the profit the council make so why are they suffering so badly when the council are spending tens of millions on a new building? It has been reported that Coventry city council are cutting funds to many essential services and many jobs in the city. Coventry social services in its most recent inspection by Ofstead has been rated as inadequate, children have been said to have been removed from their family home unneccessarially and families suffering difficulties left to suffer without the correct help until the removal of the children has become the only option available. See pdf 051_Single inspection of LA children’s services and review of the LSCB as pdf.pdf for the full Ofstead report downloadable from the Ofstead website. telegraph.co.uk/comment/columnists/christopherbooker/8053072/A-rose-tinted-Panorama-of-Coventrys-social-workers.html bbc.co.uk/blogs/legacy/panorama/2010/10/kids_in_care_-_join_in_the_deb.html Last year 40+ children were removed from their family home, the council receive large grants to properly care for these children, yet their needs have been consistently neglected. These and similar problems have increased dramatically year after year. In another recent inspection West Midlands police have been branded inadequate in their handling of child protection cases possibly partly due to social services failures. Whilst dealing with more sensitive situations such as when families and children are involved parents will automatically become emotional and protective over their children. The local residents fear social services particularly when there is police involvement also. Many local residents claim to have been harassed by social services, through others calling and making false complaints and social services not recognising that they are being used as a weapon between disgruntled family members. itv/news/central/story/2014-10-28/police-handling-of-child-protection-cases-branded-inadequate-by-inspectors/ itv/news/central/update/2014-10-28/west-midlands-police-rated-inadequate-in-government-review/ theguardian/uk-news/2014/mar/21/coventry-child-services-ofsted-inadequate-daniel-pelka communitycare.co.uk/2014/02/05/admin-training-gaps-led-failures-daniel-pelka-case/ Economy and finance When looking into the financial situation within the council I instantly came across news articles relating to job cuts and budget cuts to essential services which are already failing. coventrytelegraph.net/news/coventry-news/most-coventry-city-council-staff-7573138 Yet have managed to find £59 million this year to move staff to extravagant new offices. coventryobserver.co.uk/2013/05/21/news-Coventry-City-Council-to-spend-millions-to-build-new-office-71737.html As the residents of the city are the beneficiaries of the councils trust, they should be benefitting from the profit the council makes, yet the residents are losing jobs and services whilst the council build new offices and warn us they… ‘ …will be left trying to fill a £65million hole in its budget by 2018, with Government spending cuts taking the blame. And Coun Damian Gannon, in charge of finance, says that “people will be losing services they’ve come to take for granted”.’ coventrytelegraph.net/news/coventry-news/coventry-city-council-warns-more-7991440 Looking deeper Coventry city council have been involved in many money laundering scandals The ricoh arena coventrytelegraph.net/news/coventry-news/coventry-city-councils-vow-beat-7067709 coventrytelegraph.net/news/coventry-news/coventry-council-clarifies-ricoh-arena-6799171 itv/news/central/story/2014-03-11/ricoh-row-deepens-amid-allegations-of-eu-funding-fraud/ lgcplus/coventry-suspends-14-in-corruption-inquiry/1489546.article COVENTRY SUSPENDS 14 IN CORRUPTION INQUIRY 23 September, 1997 As Coventry City Council suspended 14 staff in its contract services department over alleged corruption charges, it set up a hotline to allow employees to pass on information on a confidential basis. A report in the Financial Times (p10) says the authority was unable to quantify the sums involved. The inquiry into what the council called serious allegations take in six councillors who are said to have incidental links with the charges. Acting council leader Arthur Waugh said: We have been made aware of serious allegations which involve substantial amounts of money. My colleagues and I are determined to get to the bottom of it. We will purge this council if we find any corruption. The fraud claims centre on the contract services department, which is reported to have recently gone pounds 3.5m over budget. Coventry city council have been recently known to have employed an illegal immigrant and councillors have been accused of rigging votes. devonaudit.gov.uk/wp-content/uploads/downloads/2014/09/DAP-Fraud-Bulletin-September-2014.pdf coventrytelegraph.net/news/coventry-news/coventry-city-councils-vow-beat-7067709 Coventry City Council became responsible for Parking Enforcement in April 2005 . In summary the breakdown of PCNs issued during this period is: April 2005 to March 2006 = 21,533 PCNs issued April 2006 to March 2007 = 27,180 PCNs issued April 2007 to March 2008 = 26,387 PCNs issued April 2008 to March 2009 = 31,219 PCNs issued April 2009 to August 2009 = 14,031 PCNs issued Over this time they collected over £5 million from PCNs. When it comes to the council using the magistrates courts to issue liability orders and warrants of control we are clearly dealing with a local authority that has contempt for the rule of law and a magistrates court committee that rolls over and does what they say. The issuing of summonses by local authorities which purport to have been issued by a magistrates court is illegal and is called Passing Off. Which is why I got a recent letter from Equita debt collection agency claiming they have a warrant of control from a court for an unpaid PCN for driving through a bus lane, yet I haven’t been summonsed to a hearing. As far as I understand it they have hired a court room printed off orders with no stamp or signature (if they printed anything at all) and sold that debt to a collection agency to add more charges and bully me into paying it. This is a criminal offence. If the local authority are issuing these notices themselves they are in contempt of court and those responsible are liable to the penalties prescribed by law. If the local authority instructed to the magistrate to issue an order this is a clear breach of Article 6, Human Rights Act 1998. Article 6 provides you with a right to a fair hearing. It may also amount to a breach of the law pertaining to the conduct of proceedings in magistrates courts. The purpose of a hearing is to determine whether grounds exist to grant an Order by hearing, testing and weighing evidence from both sides, not simply rubber-stamp what the local authority wants. It is our lawful obligation as residents of this land to withhold all payments to a body that is suspected of criminal activity. All of the latest statistics and news reports suggest Coventry city council is seriously failing the residents of Coventry their offspring and the local police force. Their actions over at least the last ten years have and will cause serious harm to the current residents and future generations. getoutofdebtfree.org/forum/viewtopic.php?t=51357#.VE4WYD2Chtg ( see pdf New_Quick_Stats_2013_v1.1_Sep14_.pdf) From coventry.gov.uk/headlinestats I would advise all residents in the local area to take notice of the statistics shown in the previously mentioned pdf and news reports and consider the effect these things have on their daily life, health, safety, general welfare and future prospects for their children. Drastic and immediate action needs to be taken to ensure the future prosperity of Coventry. Pt 3, The introduction of the monitoring of Coventry City Council and the services they are responsible for. When taking into account the lawful rights of the people, the Magna Carta Clause 61 and the Barons’ petition to the Queen entering the country into Lawful Rebellion as of Feb 2001 (see pt 5). We have a lawful obligation to ourselves, our country and the other residents of this land to claim back the property our criminal government has stolen and is using for criminal activities including treason and fraud and ensure the people and land are protected and safe. After considering all options I believe that direct repossession of Coventry City Council would cause immediate and extensive harm and loss to the residents of the city, therefore I have been forced to consider alternative methods and create proposals to be shared with all residents that would promote a safe and justified restructuring of the council, whilst ensuring that the local communities needs are met and the councils services to the residents meet the highest possible standards. The installation of a public council board to monitor the work and future proposals of the council executives and employees. This would include access to all budgets accounts and activities of the council and the support and investigation by West Midlands police in ensuring any/all criminal activity is immediately ceased. Full public access and disclosure to council decision making, planning proposals and meetings. Immediate access to statistics and information that would be valuable when assessing the areas which require attention or those which are operating illegally. Full cooperation with the local police force including regular meetings and police presence when required. The opportunity for all residents to have input into decisions problem solving and regular in depth public satisfaction and council performance research and meeting their needs and carefully considering and working with proposals for improvements from the residents. We would also propose the implementation of a public De Jure court, to be operated by the residents for use by any member of the community that feels they have been let down by the local courts and current justice system. Details of the hearings and verdicts would be made publicly available. We would require a secure main office within the council house and other smaller office spaces in other council buildings which would need to be discussed further. We would require close working contact with Martin Reeves the CEO of Coventry City Council, Chris West executive director of resources, Brian Walsh executive director of people, Martin Yardley director of place and Jane More director of public health. Pt 4, Proposals for improvements to the economy, public health and Council services. We have been carefully studying new and effective ways to improve pressing issues locally. Proposals for the city are being written up that would include The introduction of free energy projects, where solar panels are installed and energy is directed straight into the grid for use by all residents instantly improving the local economy, money spent at local businesses and poverty issues. Organic produce projects to be introduced into areas where the public are in agreement with a timeshare responsibility for the maintenance of the garden and crops with help and guidance on planting times, germinating seeds, organic nutrients and organic pesticides. The projects would be ran by volunteers amongst the residents in an area and are very cheap to start up and run themselves when seeds from the first crops are saved, the volunteers that are involved in growing the crops will have free access to a healthy diet and surplus crops can be sold for local currency or time share basis to benefit those that are working in any profession in the city. The introduction of a local currency, used to pay local people to do jobs which improve the city, the local currency would be able to be spent in Coventry only and on local organically grown produce from the community projects. For example you work as a decorator, you offer a days work to help build decorate a building that benefits the residents of the city, for this days work you receive an agreed amount in a local currency, this can be spent on other services from residents that have joined the timeshare project, such as a haircut or an hours tutoring for a home schooled child or organic fruit and vegetables. If we had full implementation of these sorts of projects which would be almost free to run then everyone in the city would benefit from each others work or profession, with this and the free energy project almost all day to day costs could be covered by our own community, the number of hours each family must work to cover living costs will be reduced increasing job availability and giving families and friends more time together. Residents health would benefit greatly by receiving organic produce. Residents poverty issues would be greatly improved with the timeshare projects giving everyone the opportunity to offer time whether skilled in a profession or not, the councils finances would improve, budget cuts from the government would have less effect, services would be improved dramatically, the residents social relationships would improve. imagine a social worker needs to perform a safe and well check in the local neighbourhood, the family she has to check on decorated her daughters bedroom the other week, or did some gardening, automatically the fear and intimidation of the social worker in his home would be eased, the social worker would have more insight into the family and an easier more accurate assessment would be made. Here are links available describing the benefits of such things as sustainable communities, eco schools and ecotourism and how quickly, easily and cheaply it can be implemented. cardinalgroup.ca/nua/ip/ip01.htm homeguides.sfgate/benefits-ecotourism-local-communities-78820.html eco-schools.org.uk/aboutecoschools/benefitsofecoschools/community and kent-design-sustainable-construction.pdf available on the internet. Pt 5 Points of law and the rights of the residents of the land. There is currently a Bill currently before Parliament seeking to repeal the date of the next General Election which is currently set for 7th May 2015! publications.parliament.uk/pa/bills/lbill/2014-2015/0024/lbill_2014-20150024_en_2.htm#l1g1 which will repeal this - legislation.gov.uk/ukpga/2011/14/section/As previously mentioned, in 2001, Barons (Lords) invoked the right to lawful rebellion, as is our right under the Magna Carta telegraph.co.uk/news/uknews/1327734/Peers-petition-Queen-on-Europe.html Treason Felony Act 1848 3. Offences declared felonies by this Act to be punishable by transportation or imprisonment. If any person whatsoever shall, within the United Kingdom or without, compass, imagine, invent, devise, or intend to deprive or depose our Most Gracious Lady the Queen, from the style, honour, or royal name of the imperial crown of the United Kingdom, or of any other of her Majestys dominions and countries, or to levy war against her Majesty, within any part of the United Kingdom, in order by force or constraint to compel her to change her measures or counsels, or in order to put any force or constraint upon or in order to intimidate or overawe both Houses or either House of Parliament, or to move or stir any foreigner or stranger with force to invade the United Kingdom or any other of her Majestys dominions or countries under the obeisance of her Majesty, and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing . . . . . . or by any overt act or deed, every person so offending shall be guilty of felony, and being convicted thereof shall be liable . . . . . to be transported beyond the seas for the term or his or her natural life . . . . . . There are many Acts covering Treason which can be a bit of a minefield, but they are there for our protection and we need to use it now, more than ever. telegraph.co.uk/news/uknews/1327734/Peers-petition-Queen-on-Europe.html Peers petition Queen on Europe By Caroline Davies12:00AM GMT 24 Mar 2001 FOUR peers invoked ancient rights under the Magna Carta yesterday to petition the Queen to block closer integration with Europe. The Duke of Rutland, Viscount Masserene and Ferrard, Lord Hamilton of Dalzell and Lord Ashbourne were imbued with the spirit of the ancient Charter, thrust on King John in 1215. In accordance with the Charters Clause 61, the famous enforcement clause, the four presented a vellum parchment at Buckingham Palace, declaring that the ancient rights and freedoms of the British people had to be defended. The clause, one of the most important in the Charter, which was pressed on King John at Runnymede, allows subjects of the realm to present a quorum of 25 barons with a petition, which four of their number then have to take to the Monarch, who must accept it. It was last used in 1688 at the start of the Glorious Revolution. The four peers, who were all thrown out of Parliament in November 1999, proved they had that quorum by presenting Sir Robin Janvrin, the Queens private secretary, with the petition signed by 28 hereditaries and letters of support from another 60. In addition, they claim the support of thousands of members of the public. They say that several articles in the Treaty of Nice agreed by Tony Blair in December will destroy fundamental British liberties. The Queen has 40 days to respond. Under the Magna Cartas provisions, if the Sovereign does not observe the Charter the people may rise up and wage war on her, seizing castles, lands and possessions until they have redress. telegraph.co.uk/news/uknews/1321462/Peers-use-Magna-Carta-to-oppose-EU-charter.html By Sarah Womack, Political Correspondent12:00AM GMT 07 Feb 2001 A GROUP of peers will today use ancient rights granted under Magna Carta to urge the Queen to block further European integration. Their petition, presented under Clause 61 of the ancient charter, asks the Queen to withhold Royal Assent from the Nice Treaty. It has the backing of 65 Euro-sceptic peers led by Lord Ashbourne and has been organised by Sanity (Subjects Against the Nice Treaty). Clause 61 of Magna Carta, signed by King John at Runnymede in June 1215, permits the Sovereigns subjects to present a quorum of 25 barons with a petition which four of their number are then obliged to take to the Monarch who is obliged to accept it. She then has 40 days to respond. The enforcement powers granted by King John when he signed the Magna Carta were last used in 1688 at the start of the Glorious Revolution. Lord Ashbourne, a Conservative hereditary peer ousted from the Lords under Tony Blairs reforms, said: These rights may not have been exercised for 300 years but only because they were not needed. Well, we need them now. They may be a little dusty but they are in good order. Magna Carta article 61: The Right of Lawful Rebellion 61. Since, moveover, for God and the amendment of our kingdom and for the better allaying of the quarrel that has arisen between us and our barons, we have granted all these concessions, desirous that they should enjoy them in complete and firm endurance forever, we give and grant to them the underwritten security, namely, that the barons choose five and twenty barons of the kingdom, whomsoever they will, who shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted and confirmed to them by this our present Charter, so that if we, or our justiciar, or our bailiffs or any one of our officers, shall in anything be at fault towards anyone, or shall have broken any one of the articles of this peace or of this security, and the offense be notified to four barons of the foresaid five and twenty, the said four barons shall repair to us (or our justiciar, if we are out of the realm) and, laying the transgression before us, petition to have that transgression redressed without delay. And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm), the four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations towards us. And let whoever in the country desires it, swear to obey the orders of the said five and twenty barons for the execution of all the aforesaid matters, and along with them, to molest us to the utmost of his power; and we publicly and freely grant leave to everyone who wishes to swear, and we shall never forbid anyone to swear. All those, moveover, in the land who of themselves and of their own accord are unwilling to swear to the twenty five to help them in constraining and molesting us, we shall by our command compel the same to swear to the effect foresaid. And if any one of the five and twenty barons shall have died or departed from the land, or be incapacitated in any other manner which would prevent the foresaid provisions being carried out, those of the said twenty five barons who are left shall choose another in his place according to their own judgment, and he shall be sworn in the same way as the others. Further, in all matters, the execution of which is entrusted,to these twenty five barons, if perchance these twenty five are present and disagree about anything, or if some of them, after being summoned, are unwilling or unable to be present, that which the majority of those present ordain or command shall be held as fixed and established, exactly as if the whole twenty five had concurred in this; and the said twenty five shall swear that they will faithfully observe all that is aforesaid, and cause it to be observed with all their might. And we shall procure nothing from anyone, directly or indirectly, whereby any part of these concessions and liberties might be revoked or diminished; and if any such things has been procured, let it be void and null, and we shall never use it personally or by another. We need to understand the difference between what is lawful and what is legal. A great many believe that they are one and the same but this is not true. A definition provided by the Family Guardian Fellowship reads as follows: It is crucial to define the difference between legal and lawful. The generic Constitution references genuine law. The present civil authorities and their courts use the word legal. Is there a difference in the meanings? The following is quoted from A Dictionary of Law 1893: Lawful. In accordance with the law of the land; according to the law; permitted, sanctioned, or justified by law. “Lawful” properly implies a thing conformable to or enjoined by law; “Legal”, a thing in the form or after the manner of law or binding by law. A writ or warrant issuing from any court, under color of law, is a “legal” process however defective. Legal. Latin legalis. Pertaining to the understanding, the exposition, the administration, the science and the practice of law: as, the legal profession, legal advice; legal blanks, newspaper. Implied or imputed in law. Opposed to actual “Legal” looks more to the letter [form/appearance], and “Lawful” to the spirit [substance/content], of the law. “Legal” is more appropriate for conformity to positive rules of law; “Lawful” for accord with ethical principle. “Legal” imports rather that the forms [appearances] of law are observed, that the proceeding is correct in method, that rules prescribed have been obeyed; “Lawful” that the right is actful in substance, that moral quality is secured. “Legal” is the antithesis of equitable, and the equivalent of constructive. Legal matters administrate, conform to, and follow rules. They are equitable in nature and are implied (presumed) rather than actual (express). A legal process can be defective in law. This accords with the previous discussions of legal fictions and color of law. To be legal, a matter does not follow the law. Instead, it conforms to and follows the rules or form of law. Lawful matters are ethically enjoined in the law of the land—the law of the people—and are actual in nature, not implied. This is why whatever true law was upheld by the organic Constitution has no bearing or authority in the present day legal courts. It is impossible for anyone in “authority” today to access, or even take cognizance of, true law since “authority” is the “law of necessity,”. Therefore, it would appear that the meaning of the word “legal” is “color of law,” a term which Black’s Law Dictionary, Fifth Edition, defines as: Color of law. The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under “color of law.” Black’s Law Dictionary, Fifth Edition, page 241 The phrase “law of the land” and the “law of the people” are mentioned in this definition; this is an important point to remember as the Magna Carta upholds and supports this law of the land or law of the people and is often called “Common Law”. Legalese is a kind of long-winded jargon used by lawyers which it is difficult to understand. Contracts, insurance policies, and guarantees are among the documents in which you may find it. It is meant to mystify and confuse the layman and is used by those wishing to exercise control over us and to enforce a system that has become corrupt. The legal system depends on legalese to convince us that their processes are lawful and must be obeyed – this is not true and a closer examination must be carried out to assure yourself that the legal system is not acting lawfully at all and remember that a legal system can be defective. ……on 7th February 2001, twenty-five Barons petitioned the Queen in accordance with clause 61 of the Magna Carta in protest of the treasonous act of the then Prime Minister, Tony Blair in signing the Treaty of Niece thus unlawfully causing the destruction of fundamental British liberties? Many thousands of people have since becom
Posted on: Sat, 01 Nov 2014 21:51:46 +0000
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