Invoke Clause 61 of Magna Carta
The Petition:
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, 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,
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 the government to use all the ways and means they can to hinder until that in which 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.