There is no doubt ?The Magna Carta is Common Law

in #informationwar6 years ago (edited)

I have heard it said that there is no actual proof that the 'The Magna Carta' is a Common Law document. It is and today I want to show my reader's that it is. However I also want to provide some questions about the Magna Carta that many do not seem to get from a simple reading of the document. Food for thought for all those who are liberty minded. The first one is what brought the first grand jury together? The second is who authorized the Grand Jury?

Just keep those two question in mind as you read these documents. To my mind there are two very important precedence that have been established with the The Magna Carta. It is the style of writing that sometimes distracts from these fact. The first is actually shared in a small introduction to the document and what one shall find therein. I share that below. 

Abuses by King John caused a revolt by nobles who compelled him to execute this recognition of rights for both noblemen and ordinary Englishmen. It established the principle that no one, including the king or a lawmaker, is above the law. 

Source : National Liberty Alliance & National Public Telecomputing Network

The Work : The Magna Carta

Notice that it says that the nobles compelled him. Sorry, but I couldn't confirm that by a reading of the The Magna Carta. The closest I could find is the following:

"61. Since, moveover, for God and the amendment of our kingdom and for the better allaying of the quarrel that has arisen between us and our barons, we have granted all these concessions, desirous that they should enjoy them in complete and firm endurance forever, we give and grant to them the underwritten security,......."

Source : Magna Carta

Quarrel's are the business of governing. The royal "we have granted all these concessions" with "desirous that they should enjoy them in complete and firm endurance forever, we give a grant to them the underwritten security" kind of clears it all up. This was actually an agreement meant to end a quarrel.

Thus we come to the second very important established precedence. That is the idea that no one is above the law. No one has immunity not even the King. It is summed up in the introduction quite nicely when it says "It established the principle that no one, including the king or a lawmaker, is above the law." So now I provide you with an excerpt showing how this was expressed within the document itself.

 ..."namely, that the barons choose five and twenty barons of the kingdom, whomsoever they will, who shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted and confirmed to them by this our present Charter, so that if we, or our justiciar, or our bailiffs or anyone of our officers, shall in anything be at fault towards anyone, or shall have broken any one of the articles of this peace or of this security, and the offense be notified to four barons of the foresaid five and twenty, the said four barons shall repair to us (or our justiciar, if we are out of the realm) and, laying the transgression before us, petition to have that transgression redressed without delay. And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm), the four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely,by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations towards us.....

Excerpt Source : Magna Carta Page 6-7 

Personally I think that this is the mouthing s of a punk. In effect he was saying if I don't keep my word harass me and if you get it to where my slaves can't fight anymore, please don't kill my wife and children and oh I 'll settle with you and we can be friends again. This asshole two months later did break his word and approximately a year later died in distress of the 20 and 5 Boron's. I'd say that yeah "It established the principle that no one, including the king or a lawmaker, is above the law." in a very real world sense. It also reminds me of a maxim of law 

"Truth as a valid statement of reality is sovereign in commerce."

Thus it is now important to show you another document called " CONFIRMATIO CARTARUM". With the date of October 10, 1297. It to has a introductory statement and I share that below: 

r This document is a bridge between the Constitutional protection of one's access to the common law, and the Magna Carta. The modern value of the following is that it links the Magna Carta to the Common Law. The U.S. Constitution guarantees one's access to the Common Law, i.e. the Magna Carta. (See the next to last line of the first paragraph.)

Source National Liberty Alliance

Work :  CONFIRMATIO CARTARUM

Below is that next to last line in the first paragraph in Confirmatia Cartarum.

that they cause the foresaid charters to be published, and to declare to the people that we have confirmed them in all points; (3) and that our justices, sheriffs, mayors, and other ministers, which under us have the laws of our land to guide, shall allow the said charters pleaded before them in judgement in all their points, that is to wit, the Great Charter as the common law[*]

Source National Liberty Alliance

Work :  CONFIRMATIO CARTARUM

More importantly, more than one original Magna Carta was found see authors note below. 

This is but one of three different translations I found of the Magna Carta; it was originally done in Latin, probably by the Archbishop, Stephen Langton.
It was in force for only a few months, when it was violated by the king. Just over a year later, with no resolution to the war, the king died, being succeeded by his 9-year old son, Henry III. The Charter (Carta) was reissued again, with some revisions, in 1216, 1217 and 1225. As near as I can tell, the version presented here is the one that preceeded all of the others; nearly all of it's provisions were soon superceded by other laws, and none of it is effective today. The two other versions I found each professed to be the original, as well. The basic intent of each is the same. 

Author : Gerald Murphy (The Cleveland Free-Net - aa300)

Work :  CONFIRMATIO CARTARUM

Source National Liberty Alliance

Prepared by Nancy Troutman (The Cleveland Free-Net - aa345). Distributed by the Cybercasting Services Division of the National Public Telecomputing Network (NPTN).  

Permission is hereby given to download, reprint, and/or otherwise redistribute this file, provided appropriate point of origin credit is given to the preparer(s) and the National Public Telecomputing Network. 

Source : National Liberty Alliance & National Public Telecomputing Network

The Work : The Magna Carta and CONFIRMATIO CARTARUM 

Since I am sure someone will bring up this opinion of the author, provided in the author's notes "nearly all of it's provisions were soon superceded by other laws" I, think it important to point out that most where reestablished in the signing of the Constitution. The right to a trial by our peers. The right to redress grievances. The duty of the jury to restore property when it is taken without trial. The fact that a jury decides both the facts of the case and the law of the case is certainly preserved.  In fact the whole Common Law precedent is actually law and survives to this day. The fact that we still have Jury Trial all by itself is proof that Common Law is Law. 

Thus I am a bit confused by the statement and find myself not in agreement based on a reading of the text.

The actual fact is that within the The Magna Carta you will find as I have already quoted to you that "desirous that they should enjoy them in complete and firm endurance forever". Forever is a long time and I think it is safe to say that time isn't up yet. So I enjoin you to take the time to read and comprehend the text. while doing so take the time to look up those words you don't comprehend and you will find some things that are no longer Germain and at least some of those things it was intended that they as a practice be ended. 

The fact that we cannot find a lawful or legal document that gainsays the The Magna Carta or the established principals is actually more telling of the reality. Once again reminding me of that maxim of law "Truth as a valid statement of reality is sovereign in commerce". The truth and nothing but the truth is the fact that they claimed this and just like the Agencies of government have never kept a treaty nether has these same agencies ever managed to keep a contract. That is what Common Law and our committee's of safety are for and that is why American history, tradition and culture is and always has been, to support both the committee's of safety and our fellow peers in court, by finding not guilty when their is even the slightest sign of fraud. 

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