Edward Clarry 0

INVOKING Clause 61 of the Magna Carta.. Petition to The Queen, House Of Lords, House of Commons.

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May It Please Your Majesty, 1. The People of the United Kingdom of Great Britain and Northern Ireland have very deep concerns over our European Union involvements which are sufficient to invoke Clause 61 of Magna Carta. This action will recover the powers of Parliament and Your Majesty’s Sovereignty and of the Crown. Also, in view of the fact that the next State Opening of Parliament is not likely to take place until Easter 2012, it has become urgent that the present drift towards economic governance from Europe be halted and recognised as unconstitutional. 2. Clause 61 of Magna Carta makes it clear that if the People are wronged by the Crown and no remedy is forthcoming after all steps have been exhausted, that the People may take whatever action is necessary to obtain satisfaction without fear of reprisal. As Sir Winston Churchill wrote (A History of the English Speaking Peoples -1956) “The underlying idea of the sovereignty of the law, long existent in feudal custom, was raised by it into a doctrine for the national state. And when in subsequent ages the State, swollen with its own authority, has attempted to ride roughshod over the rights and liberties of the subject, it is to this doctrine (Magna Carta) that appeal has again and again been made, and never as yet, without success.” 3. The People were previously rebuffed when noble Lords invoked Clause 61 of Magna Carta on 7 February 2001, at which time they asked Your Majesty to withhold Royal Assent from the Treaty of Nice. On behalf of the People we therefore invoke the authority of: Magna Carta 1215/1297, Clause 61, which states, as repeated with great distinctness by Henry III (1216-72) “… it shall be lawful for every one in our realm to rise against us to use all the ways and means they can to hinder us … until that in which we have transgressed and offenced shall have been brought again into due state …”, We appeal to Your Majesty: The European Union is on the point of becoming the dominant authority in all matters at law and in economic governance. It is time therefore that People ask a very direct question of Your Majesty. Do the People of the Realm remain free under English Common Law, still in force, or are they de facto ruled by European Civil Law, with the powers of Parliament, Your Government and the military forces removed from Your exclusive command? 4. The transfer of powers to the European Union from the United Kingdom Government of ‘The Queen-in-Parliament under God’ since the European Communities Act 1972 has been massive. These powers have been obtained by stealth until there is virtually no area of policy from which the EU is excluded. The President of the European Council and the Commission are quite openly demanding “economic governance” from Brussels with the European Parliament calling for the Union to have powers of direct taxation. 5. For instance, the Prime Minister in the House of Commons on 3 November, 2010, stated that Your Government is actually helpless in the face of the European Court ruling demanding the change on prisoners to get the vote for the first time. Also, around 1,000 of Your subjects have been victims of the European Arrest Warrant this year, being transported to the Continent, many to languish in appalling conditions in foreign prisons. It is intolerable and the distress of Your People is rising daily. 6. Constitutionally the Monarch is the centre of our whole constitutional system because in the Monarch is vested the sovereignty of the British people. It is from this sovereignty that all legal authority is derived. It was not therefore in the gift of the executive and of the representatives of the People in Parliament that the massive transfer of powers to the European Union should have taken place. 7. The office of the First Lord of the Treasury, known now as the Prime Minister, has over time, replaced the sovereign as actual head of the executive and when the choice of the Prime Minister was no longer retained by you as Sovereign, early in Your reign, it became possible for strongly organised parties to enter into the constructional illegal covenant of the Grand Design for a federal Europe. The implied repeal of the great conflicting statutes of the Realm and of our ancient freedoms became the fig leaf to cover the treason that had taken place. 8. We would respectfully point you to the perceptive opinion by Anatole Kaletsky in The Times, of 3 November, 2010 (included), under the heading: “Softly, softly a federal Europe draws nearer – The bold deal that saved the euro from collapse will shift key policies on tax and spending beyond national control.” 9. For all practical purposes we have become a republic with only the trappings of a constitutional monarchy. The whole process has been carried out in complete contempt of the statute law of the land, still in force, as if there were no legal history prior to 1972. We are as a nation of serfs to the dishonour of our great forebears who fought and died for our Common Law freedoms for over a thousand years. 10. At the moment we are paying the EU for governing us as well as paying a British Government to implement those EU directives. Charges of treason should undoubtedly be brought against all those in Government that have engineered the terrible predicament this Country is in, in which a foreign federal body orders and dictates what Governments of this Country must do, having the power to check this Country's decisions on economic governance. Your Government must therefore repudiate the EU Treaties under the clear set of conditions laid down by Lord Denning and be true to their solemn Oaths of Allegiance – which all Members make before they take their seats in Parliament. We quote from Lord Denning: “If the time should come when our Parliament deliberately passes an Act with the intention of repudiating the Treaty — that is, the treaty of the European Union — “or any provision in it or intentionally of acting inconsistently with it, and says so in express terms, then I should have thought it would be the duty of our courts to follow the statute of our Parliament”. See Lords Hansard text, European Union (Amendment) Bill 14 May 2008, Col 1088, Lord Waddington, Amendment No. 121. 11. The People can, under Clause 61 of Magna Carta, withhold all taxes from when the EU's “own resource” of higher VAT is set to commence on 4 January, 2011, until this Country is set free from the EU. The People now know without a doubt that every Government that has been in alleged power here in the UK, has willingly handed £billions to the EU. This handout to the EU (whose accounts have 90% failed to be passed for audit over 16 years) has come before the financial position of the People here in the United Kingdom. Have not the People, therefore, innocently contributed to treason? 12. It is not within the power of Government or Your Majesty to break any of the provisions of Magna Carta or the Declaration of Rights. These great statutes predate Parliament, in respect of the former and of the latter, became instituted when Parliament was suspended. It is also extremely doubtful if the People can legally hold a referendum on this issue. To ask the People in a referendum whether we should remain in such a Union is absolutely contrary to our Constitution and would destroy our own Common Law Constitution. According to R v Thistlewood 1820, to destroy the Constitution is an act of treason. 13. Magna Carta is in place for all time and Clause 61 is so worded that it was always null and void to repeal. Only what Parliament has done can Parliament undo and the sooner this is recognised, the better it will be for us and for our posterity. 14. It should be noted that while a treaty can be broken or repealed, a Constitution cannot. Considerable confusion exists because the Treaty of Lisbon is in reality a Constitution which will, “softly, softly” and by stealth, enslave us all. 15. The People notified, anticipate Your response within the period determined of 40 days. We have the honour to remain, Ma’am, Your Majesty’s faithful subjects,

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