13th April 2000
Britain's Unique Heritage of Law
Threatened by an E.U. Police State
A Napoleonic System of Repression
Now Confirmed in Corpus Juris
by Michael A Clark, Constitutional Spokesman
A very grave threat now exists to the ancient liberties of the citizens of the United Kingdom. The whole foundation of the judicial law in the nation state is about to be overturned by a system based on dictatorship and oppression of the spirit.
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The plan to impose a single criminal justice system throughout the European Union, including the United Kingdom, is advancing at a rapid pace. Under the system proposed by Brussels, known as Corpus Juris, Britain's historic freedoms and liberties are to be ended in the name of a new "efficient" Europe. It is no exaggeration to say that if implemented the United Kingdom, without Habeas Corpus and trial by jury, would in all reality become a police state.
It has therefore, become imperative that the citizens of the United Kingdom are woken from their sleep of apathy. The European Legal Area Project, as it is officially described, constitutes the greatest threat to Britain's most ancient and hallowed liberties that its citizens have fought for over many generations to maintain. The great tapestry of Britain's law and constitution is being pulled apart and is now threatened with total disintegration.
The moment of truth has arrived when either the people of Britain will submit to slavery under the E.U. Civil Law, or they will determine to maintain the Common Law and their gift to the free world, even if it means exclusion from the European Union itself. If the British people are not prepared to stand up and be counted on this, perhaps the most serious issue of all, then they and their future generations will have to live with the consequences -- and they will be severe in the extreme.
Corpus Juris will end the separation of the judiciary from the state, which becomes both judge and jury, responsible for the prosecution and sentence. A decision to prosecute is initiated even before the opening of an investigation. In one place in the explanatory memorandum to the Corpus Juris document, it is actually described, as "a fairer, simpler and more efficient system of repression" (Corpus Juris, page 40).
The word "efficiency" appears often in this document; but it is efficiency at the expense of justice! Under this Napoleonic system, British citizens could be held guilty before being able to prove themselves innocent. Corpus Juris provides for the imprisonment for up to 6 months without charge and which can be extended. The whole system is open to political corruption, of which there has been a very great deal in some of the Continental E.U. member states.
In Britain and the island countries throughout the English-speaking world, liberty is understood to mean liberty from arbitrary arrest and incarceration, as safeguarded by Habeas Corpus and trial by jury: a judicial system which is unknown anywhere on the European continent.
For at least three millennia there have been two systems of justice fighting for supremacy in the history of the civilised world. One of liberty, freedom and rights and the other one of oppression, slavery and submission to dictatorship. What is the pedigree of these two systems? What stables do they come from? It is vital that our people are reminded about their system of justice, which they have passed to the entire English-speaking world.
The system we know as English Common Law came from Jerusalem via the Crimea and Greece to England. The other one known as Roman Civil Law came from Babylon via Rome to Continental Europe. This is the basic dichotomy between Britain and the European Union; a division of two fundamentally different systems of law and justice, a fact which has never ever been faced by Britain's leaders and which must be faced, if our nation is ever again to be true to its great heritage and birthright.
Edward Coke, Lord Chief Justice of England (1613-17) was the great defender of English Common Law against the royal prerogative in the 17th century. Coke's Institutes are a legal classic; he ranks as the supreme common lawyer. Coke wrote:
"The original laws of this land were composed of such elements as Brutus first
selected from the ancient Greek and Trojan institutions."
When Brutus founded New Troy, or London as it became, it was literally considered as the New Jerusalem founded on the same principles and laws, all of which were given continuity in the ninth century by Alfred the Great, who was obviously aware of the origin of our laws.
Under the laws of Brutus every subject was as free as the King. The laws in force were the "Common Rights." The Usages of Britain could not be altered by any act of the Crown or National Convention. Every Briton was born to these inalienable rights of which no human legislation could deprive him. One of these Usages was:
" Three things belonging to a man, from which no law can separate him -- his
wife, his children and the instruments of his calling (i.e. the tools of his trade)
. . . "
Among the laws as enacted by King Dunwall, or Molmutius, about 450 B.C. and quoted by Coke is:
"Three things are indispensable to a true union of nations: sameness of laws,
rights and language."
This very ancient system of law, for long known as the Common Law, has been retained throughout the ages by England alone, but spread about the world during the last four or five hundred years. While the East eventually became subject to Mohammedan Law, Roman Civil Law came to hold sway nearly everywhere in Europe, except in Britain.
A great difference between the Civil Law and the Common Law is that the Civil law holds that every man -- and every nation -- is guilty until he has proven himself to be innocent whereas the Common Law holds that every man -- and every nation -- is innocent until he has been proven guilty.
It is no exaggeration to say that the end of all Britain's ancient liberties under the Common Law and our traditional rights embodied in the English Habeas Corpus Act 1679 (the main principles being adopted by the U.S. Constitution), is now at hand.
On 1st December, 1999, Romano Prodi, the E.U. Commission President, said clearly that the national veto in matters of justice must be got rid of: it is like a "ball and chain" around Europe's ankle, he said.
The European Parliament has called for the creation of a European Public Prosecutor and an extension of the E.U.'s sphere of control to cover police and criminal justice. But the need to open up the legal borders only arises by the abolition of the borders of the member states and the creation of the Common Agricultural Policy (CAP), which one might think is made for criminal activity.
The design for oppression is manifestly clear: the CAP = corruption = the need for Corpus Juris = the end of Britain's Common Law freedom under Habeas Corpus. The ancient liberties of Britain are about to be amputated unless the E.U. knife now being taken up is deflected. There is also the harmonisation of the Schengen accords through the asylum and immigration acts which are being used as the drive towards a Euro-police force.
The threat is fast moving towards becoming fact. The French Revolution and the Third Reich are resurrecting before our eyes and are on the verge of marching through our land without a fight taking place. It should not be forgotten that ancient liberties taken away without a fight are only regained by a fight.
Our leaders have failed to realise that the diametrically opposed principles of politico-economic and spiritual governance of the ancient world, are an inherent part of the present conflict of law between Britain and Continental Europe. Britain's membership of the E.U. under the burden of the Treaty of Rome is fatally flawed. It is like trying to bind iron and clay together. In the end it must all fall apart and, as a nation, we will continue to ignore this fact to our great cost.
A ravenous beast is about to be unleashed in Britain and it will devour it if unchecked. The British Minister of State for Home Affairs, Jack Straw, describes Britain's right to jury trial as "frankly eccentric." Indeed, the British are "eccentric" in the E.U. eyes and thus has it been for centuries.
Jack Straw talks of saving £100 million of jury cots, whereas the cornerstone of our liberties as a free people was the reason for fighting the invasion attempts of history at a cost of billions and millions of lives lost. No doubt he will say it is more efficient -- exactly as Corpus Juris does. There are three areas of human activity in a nation: economic, political -- which extends to the military -- and spiritual.
We speak of the spirit of the law -- the law is our spiritual being and our birthright as a nation almost more than anything else. Britain is about to lose that birthright of the law and with it, its nationhood.
The veil must fall from Britain's eyes on this betrayal of its Common Law rights and liberties. Its people must implement actions, now, which will inform the legal profession and the public at large of the threat to Britain's liberties and freedoms under the law.
Britain will become enslaved if its people do not act together in a matter of months with righteous anger, an anger that will frighten our politicians with their blinkered and defective vision into restoring the birthright of the nation.
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