Public Notice: Invocation Magna Carta (1215)
Table of Contents
Exhibit A: Preamble
On February 7th, 2001 the original ‘Committee Of Twenty-Five Barons’ did petition the British Crown on withholding Royal Assent from any Parliamentary Bill which attempted to ratify the Treaty Of Nice. In this petition, the Committee referenced not only the Magna Carta, but the Declaration of Rights and Coronation Oath (1953).
Response to the petition did occur on the 39th day of the 40 days which were provided for by law. The ‘Committee Of Twenty-Five Barons’ then invoked Article 61 of the Magna Carta on March 23rd, 2001, and continue to act with Lawful Dissent until redress has been made and for as long as they abide by English Constitution without deviation.
Exhibit B: Sworn Oath
To the British Monarchy under Article(s) 20, 39, 40, 61 of the Magna Carta (1215), in defense of the realm and English Constitutional Law;
“On behalf of the Canadian Nationalist Party, I, Travis M. Patron, hereby issue public notice on the lawful standing of our political constituency in response to the British Crown failing to make redress after being petitioned by the ‘Committee Of Twenty-Five Barons’ on February 7th, 2001 (Exhibit C). We are serving notice to public officials who have sworn an Oath Of Allegiance to the British Crown that we are acting with Lawful Dissent while intending to prevent any breach of peace until redress has been obtained. When redress has been obtained, we shall resume our old relations toward the British Crown.
Wherefore, we do hereby solemnly swear an Oath Of Allegiance to the original ‘Committee Of Twenty-Five Barons’ in accordance with Article 61 of the Magna Carta, signed as treaty by King John of England in the year 1215 at Runnymede. Any subject of the British Crown who, when commanded to do so, fails to honour this treaty may be held criminally liable for aiding and abetting High Treason.
We declare ourselves to be standing entirely under Common Law with lawful excuse, to uphold Constitutional Law, to stand in defense of the realm and against those who may seek, or are currently seeking to extort unlawful gain from ourselves at this time, or at any future time while this oath remains in effect.
All subjects of the British Crown must, by Royal Command abide by Constitutional Law which, in the context of Magna Carta, supersedes Statutes and Acts sanctified by Parliament.
With God as our witness, we agree to conduct ourselves under this treaty with honesty, integrity, and honour at all times, upholding truth and the principle of justice enshrined as stare decisis.
These Common Law provisions include, but are not limited to, the following:
- We reserve the right of habeas corpus, to be free from arbitrary detention or imprisonment before any evidence has been produced within a court, wherein the evidence provides good reason for remand, as well as the right to consult counsel without delay and to be informed of this right.
- We reserve the right to be presumed innocent until proven guilty before a judge or jury of our peers. Crown counsel must present evidence to an unbiased judge or jury in an open court to prove guilt. If reasonable doubt remains, the accused must be acquitted.
- We reserve the right to procedural defense against double jeopardy, that an accused cannot be tried again on the same (or similar) charges following a valid acquittal or conviction.
- We reserve the right to negotiate extradition procedure based on bilateral treaties. We recognize political offense exemption involving overt acts or omissions (where there is a duty to act), which prejudice the interests of the state, its government, or the political system. Such provisions allow the state whose assistance has been requested to refuse to hand over a suspect to — or to gather evidence on behalf of — another state, if the requested party’s competent authority determines that the requesting party seeks assistance in order to prosecute an offense of a political character.
- We reserve the right of exclusionary rule, which prevents evidence collected or analyzed in violation of the accused constitutional rights from being used in a court of law.
- We reserve the right to a fair trial within a reasonable time.
- We reserve the right to remain silent. The accused retains the right to avoid self-incrimination, including provision that adverse inferences cannot be made by judge or jury regarding the refusal of a defendant to answer questions before or during a trial, hearing or any other legal proceeding.
The above affirmations and claims are valid as to our lawful understanding, and which are sworn by on penalty of perjury and commercial liability.
We pledge to save from harm The Throne, The Queen, and Her Heirs.
In putting subjects of the British Crown on public notice of our standing in law, with the intent to prevent any breach of peace, we request, as lawfully obliged, prompt acknowledgement or objection of this notice including any undue consideration.
Speak now or forever hold your peace.”
Exhibit C: Petition To The Queen
Committee Of Twenty-Five Barons
February 7th, 2001
A Petition to Her Majesty Queen Elizabeth II presented under clause 61 of Magna Carta 1215. 7th February 2001. To Defend British Rights and Freedoms;
As our humble duty, we draw to Your Majesty’s attention:
- The loss of our national independence and the erosion of our ancient rights, freedoms and customs since the United Kingdom became a member of the European Economic Community (now the European Union) in 1973;
- The terms of the Treaty of Nice, 2000, which, if ratified, will cause significant new losses of national independence, and further imperil the rights and freedoms of the British people, by surrendering powers to the European Union:
- a) to enter into international treaties binding on the United Kingdom, without the consent of your Government;
- b) to ban political parties, deny free association and restrict the free expression of political opinion;
- c) which can be used to introduce an alien system of criminal justice, 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;
- d) to create a military force which will place British service personnel under the command of the European Union without reference to British interests,and contrary to:
- i) the oath of personal loyalty to the Crown sworn by British forces,
- ii) the Queen’s Commission, and;
- iii) the United Kingdom’s obligations to the North Atlantic Treaty Organisation;
- e) which remove the United Kingdom’s right to veto decisions not in British interests;
- The creation by the European Union of a Charter of Fundamental Rights, which purports to give it the power to abolish such “rights” at will;
- The unlawful use of the Royal Prerogative to:
- a) suspend or offend against statutes in ways which are prejudicial and detrimental to your sovereignty, contrary to the Coronation Oath Act, 1688;
- b) subvert the rights and liberties of your loyal subjects, contrary to the ruling in Nichols v Nichols, 1576;
- Your Majesty’s power to withhold the Royal Assent, and the precedent set by Queen Anne under a similar threat to the security of the Realm in 1707;
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.
We have the honour to be Your Majesty’s loyal and obedient subjects.”
Exchange Between Baron’s Committee & Private Secretary of the Office of Sovereign
Sir Robin Janvrin, KCVO, CB
Principal Private Secretary to Her Majesty The Queen
March 23rd, 2001
You were kind enough to invite a letter of amplification to accompany our petition to Her Majesty. Thank you.
The Treaty of Nice raises issues of major constitutional importance. It directly threatens our rights and freedoms, and undermines oaths of loyalty to the Crown. Such fundamental matters cannot be considered merely the stuff of day-to-day politics. They directly concern the Crown, the constitution and every British subject, including generations yet unborn.
We find ourselves living in exceptional times, which call for exceptional measures. Hence our petition to Her Majesty, which exercises rights unused for over 300 years – Clause 61 of Magna Carta, which were reinforced by Article 5 of the Bill of Rights. As you know, the wording of Clause 61 says: … and, laying the transgression before us, petition to have that transgression redressed without delay … And we shall procure noting 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.
We have petitioned Her Majesty to withhold the Royal Assent from any Bill seeking to ratify the Treaty of Nice because there is clear evidence(which we shall address in a moment) that it is in direct conflict with the Constitution of the United Kingdom. It conflicts with Magna Carta, with the Declaration and Bill of Rights and, above all, with Her Majesty’s Coronation Oath and the Oaths of Office of Her Majesty’s ministers. Every one of these protections stand to this day, which is why they are now being invoked by our petition.
Ultimately, our supreme protection is Her Majesty’s obligations under the Coronation Oath. The Queen has solemnly promised to govern the peoples of the United Kingdom according to the Statutes in Parliament agreed on and according to their laws and customs. Her Majesty also swore to preserve all rights and privileges as by law do or shall appertain to any of them. From the spiritual point of view, it is unimaginable that Her Majesty would seek, in effect a divorce from her duty. From a secular point of view, the Coronation Oath is a signed contract.
Recent statements by ministers, and by the previous prime minister, confirm that they would not advice any measure which might tend to breach the Coronation Oath nor betray Her Majesty’s promise to her loyal subjects. Her Majesty accepts the advice of her ministers. Conversely, it is their duty to advise in accordance with the Coronation Oath. They cannot lawfully advise a breach. Nor can they gain or remain in power without swearing allegiance to the Crown. Yet the Treaty of Nice represents precisely such a breach, and it has now been signed by the foreign secretary using the Royal Prerogative. Blackstone’s Commentaries (volume 1, page 239) says of the Royal Prerogative: The splendour, rights, and powers of the Crown were attached to it for the benefit of the people. They form part of, and are, generally speaking, as ancient as the law itself. Deprerogativa Regis is merely declaratory of the common law …
The duties arising from the relation of sovereign and subject are reciprocal. Protection, that is, the security and governance of his dominions according to law, is the duty of the sovereign; and allegiance and subjection, with reference to the same criterion, the constitution and laws of the country, form, in return, the duty of the governed. We have already observed that the prerogatives are vested in him for the benefit of his subjects, and that his Majesty is under, and not above, the laws.
For such words to have meaning, the act of signing the Treaty of Nice by the foreign secretary demonstrates that ministers have de facto renounced their oaths of allegiance.
Indeed, faced in due course with a Bill seeking ratification of the Treaty of Nice, the only options appear to be for Her Majesty to dissolve Parliament, or for the government to resign and fight an election on the issue. The ex-government would then be faced with seeking elective power to introduce new oaths of loyalty under a new constitution as part of their new manifesto. This would distill the issues as perhaps nothing else might, since it would allow the people of the United Kingdom to decide whether or not they wished the constitution to be breached in this way, their rights and freedoms to be curtailed and the position, powers and responsibilities of their sovereign to be diminished.
Of course, for the many thousands of subjects who have supported our petition, no such option exists. As the Act of Supremacy and the Bill of Rights put it: all usurped and foreign power and authority may forever be clearly extinguished, and never used or obeyed in this realm. No foreign prince, person, prelate, state, or potentate shall at anytime after the last day of this session of Parliament, use, enjoy or exercise any manner of power, jurisdiction, superiority, authority, pre-eminence or privilege within this realm, but that henceforth the same shall be clearly abolished out of this realm, forever. So it is clear that no-one – neither sovereign, nor parliament, nor government, nor people – may tamper with, dismantle, destroy or surrender our constitution. We are all tenants of it, and trustees. We inherited these rights, and we have a supreme responsibility to pass them in good order to future generations. They are not ours to discard or diminish. Which is why oaths of allegiance place an essential limitation on parliament’s power, and the Queen’s Coronation Oath is crucial. The Coronation Oath is a moral obligation, a religious obligation, a sworn obligation, a contractual obligation, a statutory obligation, a common law obligation, a customary obligation, an obligation on all who swear allegiance, it is the duty of government, and it is sworn for the nation, the commonwealth and all dominions.
The Coronation Oath is the peak of a pyramid, and all subordinate oaths are bound by its limitations. The armed services swear allegiance to the sovereign, not to the government of the day. This helps clarify the principle that allegiance is necessary, and not optional – an essential part of the checks and balances of our constitution. Without these oaths, and their lawful enforcement, we have little to protect us from government by tyranny.
We return now to our reasons for stating that the Treaty of Nice is unconstitutional. Our petition highlights several such clauses. We draw particular attention to article 191, which seeks to restrict the political freedom of Her Majesty’s subjects.
The EU seeks to assume the right to lay down regulations governing political parties at European level [i.e.: in the EU] and withdraw or prevent the funding of political parties which do not contribute to forming a European awareness. This is a clear restriction of free speech and free political association. It also introduces two particularly abhorrent propositions – taxation without representation and the use of state sanctions to suppress public opinion.
Our political freedom is absolute. The Bill of Rights says so. It cannot be limited in any way. Her Majesty is rightfully inscribed on our coins of the realm as Fid. Def. and Lib. Def. – Liberatatis Defensor, Defender of the Freedom of the People.
It has been suggested to us that a referendum or plebiscite might be an acceptable response to the question of ratification of the Treaty of Nice, but we do not hold that view. A referendum or plebiscite which purported to make lawful the infringement of our common law rights would itself be unlawful. We come back to the oath of allegiance. Magna Carta says: We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well …. How can such officers of the Crown organize such a referendum or plebiscite?
These procedures would also infringe articles 1,2 and 4 of the Bill of Rights:
That the pretended power of Suspending of Lawes of the Execution of Lawes by Regal Authority without Consent of Parliament is illegal. (This must include the Coronation Oath Act.)
That the pretended Power of Dispensing with Lawes or the Execution of Lawes by Regal Authority as it hath been assumed and exercised of late is illegal.
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. (This is further protection of our common law rights.) In the event that the Treaty of Nice is considered for Royal Assent we respectfully request that Her Majesty grant us an opportunity to examine the opinion of those who seek to alter our constitution by contrary advice. Accordingly, under those same terms of Magna Carta and the Bill of Rights quoted earlier, we the undersigned, and others – have formed a Barons Constitutional Committee to be available for consultation and to monitor the present situation as it develops .. until redress has been obtained.
We are and remain Her Majesty’s most loyal and obedient subjects.”
Ashbourne Rutland Massereene & Ferrard Hamilton of Dalzell
The Crown’s Reply
“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.”
– Robin Janvrin
Exhibit D: Magna Carta (1215), Article(s) 20, 39, 40, 61
A freeman shall only be amerced for a trivial offence in accordance with the seriousness of the offence. For a grave offence, he shall be fined correspondingly, leaving him his contenement. A merchant will be fined similarly, leaving him his “merchandise”; and a villein shall be amerced in the same way, leaving him his wainage—if they have fallen into our mercy. These amercements shall only be imposed by the assessment on oath of reputable local men.
No freeman shall be arrested or imprisoned or disseised or outlawed or exiled or in any other way harmed. Nor will we [The Crown] proceed against him, or send others to do so, except according to the lawful sentence of his peers and according to the Common Law.
To no one will we sell, to no one will we refuse or delay, right or justice.
Since, moreover, 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, moreover, 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 aforesaid.
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 aforesaid provisions being carried out, those of the said twenty five barons who are left shall choose another in his place according to their own judgement, 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.
Exhibit E: Quotations
“Here is a law which is above the King and which even he must
not break. This reaffirmation of a supreme law and its expression
in a general charter is the great work of Magna Carta; and this
alone justifies the respect in which men have held it.”
– Sir Winston Churchill, Prime Minister of Britain 1940 – 1945, 1951 – 1955;
“The Great Charter is the first great public act of the nation, after
it has realised its own identity’ – ‘Thee whole constitutional
history of England is little more than a commentary on the Magna
– William Stubbs, Bishop of Oxford between 1866 and 1884;
“[Magna Carta is] the Bible of the English Constitution”.
– William Pitt, “The Elder”, Former British Prime Minister, 1766 – 1768;
“2015 is the 800th anniversary of the sealing of the Magna Carta, the single most important legal document in history. The foundation for global constitutions, commerce and communities. The anchor for the Rule of Law.”
– The Rt. Hon. Fiona Woolf C.B.E., Earls of Halsbury (1898 – 2010), September 2014
Halsbury’s Laws of England: “Magna Carta is as binding upon the Crown today as it was the day it was sealed at Runnymede.”
“The greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot.”
– Lord Denning, Master of the Rolls, Between 1962 – 1982
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