| A NEW WORLD CASE FOR PRESERVING THE' RIGHTS AND LIBERTIES OF ENGLISHMEN' * PART I
[The following extracts are from : The Influence Of Magna Carta on American Development by H.D. Hazeltine, M.A., Litt.D [1917] -because of the extensive research developed in this subject we will be only selecting some of the available material to emphasis what we have already lost and why we must fight to regain the treasonable handovers by our politicians over the past 35 years of: 'The Rights and Liberties Of Englishmen.']
* THE INFLUENCE OF MAGNA CARTA ON AMERICAN DEVELOPMENT
For seven centuries Magna Carta has exerted a powerful influence upon the constitutional and legal development. During the first four centuries after 1215 this influence was confined to ENGLAND and the British Isles. With the growth of the British Empire during the last three hundred years, the principles of the Charter have spread to many of the political communities which have derived their constitutional and legal systems from ENGLAND, and which have owed in the past, or which still owe, allegiance to the mother-country. The earliest, and perhaps the most important phrase of this imperial history of Magna Carta is its effect upon the constitutions and laws of the American colonies and of the Federal Union [of the United States of America] that was established after the War of Independence. [In 2007 every Englishman must be aware that we are ourselves in a battle in our own WAR of INDEPENDENCE -the first shots have yet to be fired to reclaim of inherited rights and liberties should it be the only way forward to reclaim that which has been by stealth and treacherous and illegal means has been taken from us. As in the Great Rebellion the Cause will divide families and brothers and sisters but the result will be Victory for our Cause because we have Right and Legitimacy on our side.] * In this story of the Charter's influence upon American constitutional development three separate periods should be distinguished. The colonial period, which began with the granting of the first Virginia Charter by James 1 in 1606 and ended about 1760, was followed by the epoch of the American revolution. With the Treaty of Paris of 1783, in which Great Britain acknowledged her former colonies to be "free, sovereign, and independent States," -the present period of national existence had its definite beginnings.
[As in 2007 all loyal citizens of our ancient constitution are fighting to defend the same ideals which were given to our colonies those hundreds of years ago. It is the mother-of parliaments appealing to her children to come to her aid to defend those rights and liberties which have been treasured for almost 800 years.] Each one of these periods is closely related to earlier events and ideas in the history of ENGLAND and of the Colonies. Together the three periods constitute American constitutional and legal evolution is one that rests for its FOUNDATION upon the long centuries of ENGLISH development that preceded its own beginnings, and that bears also, in a marked degree, the imprint of the constitutional and legal changes in ENGLAND during the period of colonization and even in later times. Indeed, rightly to understand the constitutional and legal history of the colonies and of the United States of America, in each period of which magna Carta plays a role, we should not forget that the Englishmen who settled in America in the seventeenth century inherited all the preceding ages of ENGLISH history.
To them belonged Magna Carta and the Common Law; to them belonged the legal traditions of the Tudor age - the age that immediately preceded the period of colonization. The colonies did not fail to enter upon their inheritance; and the result has been that colonial institutions and principles, both of public and of private law, retained much of the Tudor and pre-Tudor tradition, and that even today [1917] American institutions and principles bear the impress of its influence today in 2007.] For ENGLAND the seventeenth century was the first great age of the Empire - the age of commercial and colonial expansion not only in the West, but in the East; and it was the age also of the momentous struggle at home between the CROWN and PARLIAMENT - between the claims of the royal prerogative and of parliamentary supremacy. [In 2007 the CROWN and PARLIAMENT has deceived the PEOPLE by the gradual process of handing over our 'accustomed rights and liberties' under the smokescreen of an illegal war and its consequent backlash of resentment from the Muslim world and a great majority of the people in our once respected and law-abiding democratic country.] In America the seventeenth century was pre-eminently the age of settlement and the growth of chartered conies, either of proprietary or corporate character, this American development constituting one phrase of ENGLISH expansion; and it was likewise the age in which results of constitutional conflict in ENGLAND exerted their first influences upon the development of colonial institutions and of colonial legal and political ideas. The growth of the colonies in America meant, from the very beginning, the extension of ENGLISH institutions and laws to these little ENGLAND'S across the sea. To their birth-right of the ENGLISH traditions of the sixteenth and earlier centuries was now added the gift of the constitutional and legal principles established in seventeenth-century ENGLAND, the ENGLAND of Stuart kings, of Commonwealth and Protectorate, of REVOLUTION; for changes in the public and private law of ENGLAND during the century directly and vitally affected constitutional and legal growth in the colonies.
As the Common Law heritage of ENGLISHMEN in the colonies. Thus , Like Magna Carta itself, the great constitutional documents of the seventeenth century, such as the PETITION OF RIGHT HABEAS CORPUS ACT -and the BILL OF RIGHTS -have a colonial as well as a purely ENGLISH history. To these STATUTES, as to Magna Carta, the colonists turned as the documentary evidence of the
FUNDAMENTAL RIGHTS AND LIBERTIES OF ALL ENGLISHMEN -whether they resided in the home-land or in the ENGLISH communities of America. [How can Englishmen of the 21st century stand by and see that great inheritance which has proved its sacred nature in America and in many new nations in the world to be sacrificed by our Government in order to join a system which destroys the very sacred inheritance developed and defended with much blood over the centuries be cast aside by a 21st century King John and even worse supported by that very ancient institution our House of Commons the very institution which was developed to protect our inherited rights and liberties. We cannot allow this to happen and with the world looking on - we cannot let it happen.] .... From the early eighteenth century down to the present day American institutions have developed, in the main, along their own lines, largely upon the basis of English development in the seventeenth century and earlier centuries, colonial development in the seventeenth century, and American political thought and constructive statesmanship of the eighteenth , nineteenth , and twentieth centuries. This striking divergence of American from English institutions, dating from the early eighteenth century, is in sharp contrast with the history of law. Through out the eighteenth century, though perhaps less in the period of the Revolution, English Common Law continued to influence the development of colonial legislation and judicial decisions; and even today the American system of Common Law and Equity is in its fundamental characteristics the same as that of England.
So, too, in certain leading features of constitutional law - as distinct from constitutional institutions, such as the American system of three co-ordinate departments of government and the power of the judicature to declare an Act of the legislature null and void because in conflict with the written constitution -we see a striking persistence of English principles. [Unfortunately the omission of a written constitution in Britain has made the progress of its absorption into a United States of Europe that much easier for its politicians over the last 35 years. Our safety depended on our representatives honouring the 'Checks and Balances' or Conventions of the Realm which they soon realised were easy to assail and demolish with their task over 35 years almost complete before the people had realised what was afoot. Fortunately at the eleventh hour which appears an English characteristic it has now begun to awake from its slumber and realising just in time that there was indeed a threat to their Customs (Values)Constitution and Country.] Rights and Liberties of Englishmen embodied in Magna Carta, the Bill of Rights, and other constitutional documents became vital features of colonial constitutional law, and have continued throughout the revolutionary and national epochs to the present day to be essential elements of American constitutional law. The story of the influence of Magna Carta on American constitutional development is but one phase of the whole history of English institutions and law in America, and this in turn is but one chapter in the history of a broader, a further-reaching development -the extension of English institutions and of English Common and Statutory Law to the many communities that have formed or still form parts of the British Empire [1917] In studying Magna Carta in America we are concerned, therefore, with one feature and one only, of this whole vast process. But just as the influence of Magna Carta in England itself cannot be understood apart from the long history of the ever changing body of rules and principles that go to make up the system of English Common Law, of which the provisions of Magna Carta form only a part, so, too an understanding of the influence of Magna Carta in America can only be reached by considering this great legal document as but one of the many sources of English Common Law in its American environment. In the present paper certain main features of the American development, throughout its three period, will be suggested; but without any attempt at exhaustive consideration. I. From the very beginning the colonists claimed they were entitled as Englishmen to the law of Englishmen - the Common Law as a great corpus juris based on the decisions of the courts and on the statutory enactments of Parliament, in a body of rules of private and public law which secured to Englishmen their rights as private individuals in their relations one with another and also their rights and liberties as subjects of the Crown. It was the Common Law of England which the various colonies, acting through their executive, legislature, and judicature, adopted or received, either partially or wholly, as the law adapted to the needs of English communities in America. Along with the English Law thus received by the colonists, there grew up in various American communities new rules and principles based on colonial customs, the reformative skill of colonial law-makers, and in the Puritan colonies of NEW ENGLAND -natural or Divine law. [In claiming the Common law as their own the colonists were but applying Lord Chief Justice of England - Edward Coke's (Cook's) doctrine (12 Rep.39) (1603) that "the law and custom of England is the inheritance of the subject"
That Lord Phillips, our present Lord Chief Justice of England, is what the millions of loyal subjects to the true constitution of England intend to defend in the year 2007 as our forebears in the past .
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* * * [Font Altered-Bolding &Underlining Used -Comments in Brackets] FEBRUARY/07
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Daniel Hannan - Forming an OPPOSITION to the EU
* GORDON BROWN WANTS TRUST-BUT WHY WON'T HE TRUST YOU? * 67% want powers back from EU-ICM poll-June 21-2007-95% of British people want a REFERENDUM * FOR A REFERENDUM SIGN TODAY ON LINE * July 18-2007 ALSO JOIN THE 10 DOWNING STREET PROTEST Readers can add their support to the growing clamour for a REFERENDUM on the '"REFORM TREATY" by signing up to a 10 Downing Street 0n-line petition http://petitions.pm.gov.uk/EU-treaty-NON/
The Petition reads as follows: "We the undersigned petition the Prime Minister to guarantee that the British people will be permitted a binding REFERENDUM on any and all attempts to resurrect the EU " CONSTITUTION" (and any or all of its content) regardless of nomenclature." Deadline for the PETITION is 31st January,2008 Eurofacts 27th July 2007. * 'The Spirit of England' by In London on St.George's Day -1953 *
VOTE -2007
WITH THE ONLY PARTY WITH A MANDATE TO SET YOU FREE
THE UK INDEPENDENCE PARTY THE QUESTION THAT THE VOTER MUST ANSWER
‘DO YOU WISH TO BE GOVERNED BY YOUR OWN PEOPLE, LAW AND CUSTOM OR BY THE CORRUPT ,EXPENSIVE UNACCOUNTABLE AND CORRUPT ALIEN BUSYBODY BRUSSELS’
-SIMPLE IS IT NOT?
TO RECLAIM YOUR DEMOCRACY DON'T VOTE FOR THE TRIPARTITE PARTIES IN WESTMINSTER BUT SMALL PARTIES THAT SPEAK THEIR MINDS WITHOUT SPIN AND LIES. *
ONLY WILL BRING DEMOCRACY BACK TO THE ENGLISH PEOPLE *
SCOTLAND -ITS PARLIAMENT -WALES-ITS ASSEMBLY-ENGLAND-STILL AWAITS ITS PARLIAMENT-WHY?
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* [All underlined words have a separate bulletin
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