Britain's
Unique Heritage of Law
Threatened by an E.U. Police State
A
Napoleonic System of Repression Now Confirmed in Corpus
Juris
Speech by Michael
A Clark at CIB AGM Birmingham 1st April 2000
http://www.bullen.demon.co.uk
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.
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 sat 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
activiy.
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 hamonisation
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 talk
of saving ?00 million of jury costs, 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.