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.