A CALL TO ARMS FROM OUR KING
"Here is a law which
is above the King and Parliament, and which even He and They must not and may
not legally break. And in the event they or anyone else were to try to
abrogate it, such attempt at abrogation shall have no force nor effect
 and can be safely ignored with no legal ill effect. In addition,
in the event of successful attempts at abrogation of such liberties,
customs, or rights, the King has commanded and do hereby compel any and
subjects to swear oath to join the barons to assail the properties and
persons and families of those (saving the King, Queen and the royal
children) who had successfully completed such abrogation, including but not
limited to that of the individual Members of Parliament who had voted in favour
of any such successful attempts at abrogation . 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." - from volume I, chapter 8 of Churchill's "A History of the English-Speaking Peoples" published 1956. @p. 218 of The Folio Society's 2003 edition,published in London.
______________________________________________________The provisions of the Magna Carta reveal, among other things, the famous chapter 39 from which habeas corpus, prohibition of torture, trial by jury, and the rule of law are derived:
Chapter 39: No free man shall be arrested or imprisoned or disseised or outlawed or exiled or any way victimized, neither will we attack him or send anyone to attack him, except by the lawful judgment of his peers [in other words] by the law of [from] the land. Chapter 40: To no one will we sell, to no one will we refuse or delay right or justice.
Trial by jury in all cases, our English ancestors deemed (as Story
correctly tells us), "the great protection of their civil and political
liberties, and watched with an unceasing jealousy and solicitude." "Nullus
liber homo capiatur nec imprisonetur aut exulet, aut aliquo modo, destruator,
etc.; nisi per legae judicium parium suorum, vel per legem terrea." Magna
Carta [1225, 1297]
It put a stop to the robberies of petty government "authorized" tyrants:
Edward Coke’s Petition of Right
The Levellers Embody the Magna Carta
. . . 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. --Winston Churchill, 1956
The above (including the quote from Winston Churchill) is a direct quote from the National Archives, Washington, D.C., website on the Magna Carta. The website features a copy of the 1297 version of the Magna Carta on loan from the Perot Foundation. This version is essentially the final version in as much as there are no significant changes after the 1225 version issued by Henry III upon his elevation to the throne. Although in theory, each and every version is binding on the Crown, nevertheless, this being the final version, a careful analysis thereof, within context of modern contract law, including from time to time aspects from the original version, may prove fruitful and interesting.
By modern contract law, one needs, among others, the following: a) legality of intent; b) intention to be bound; c) execution and acknowledgement; d) consideration; and e) delivery.
It is interesting that since there were several wars, which we can consider to be civil wars, the Magna Carta can be considered to be a Peace Treaty, and by definition, legal and by construction, binding on both sides in perpetuity.
The King John 1215 version included having 25 elected and representative barons whose majority vote is binding on the Crown and that redress may be secured through any and all means, including even such as seizing the King's castle, saving only 'our own person the queen and our children'. Such language makes it quite clear that it is the intention that this contract be truly binding.
By having King John and his Prelates and Barons sign, we in effect have execution by all parties, and simultaneously also witnessed. And considering the eminence of the parties involved, the 'execution and acknowledgement' clause can, in this case, be replaced by 'signed, sealed and delivered [to all the people of the Kingdom]'.
The King Edward 1297 version contains: "And for this our Gift and Grant of these liberties ... our Subjects have given unto us the Fifteenth Part of all their Movables." This, interestingly, completes the 'consideration' requirement.
We have previously expressed how the Magna Carta is binding on the Kings and their natural heirs as well as Parliament. This is because, for all practical purposes, Parliament is now the true and real 'heir' of the Crown in executive, judicial and legislature powers in the Kingdom. However, in addition to that thesis, the 1297 version specifically also stated: "neither We, nor our Heirs, shall procure or do anything whereby Liberties contained in this Charter shall be infringed or broken; and if anything be procured by any person contrary to the premises, it shall be had of no force nor effect." [my underlining and italics]
Or in another word, no one but no one (including Parliament) is allowed to nor is able to abrogate the ancient liberties or the promises made in the various versions of the Magna Carta.
And so finally Sir Winston's quotation at the beginning of this essay can now be expanded and completed, with words in italics, as a corollary, as follows:
"Whenever legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience." -- John Locke
Read signed confession of guilt of the BC MLA's to the creation of an act which is an assault against your eternal RIGHT to "peaceful use of the Crown's highways".
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