Britain's Unique Heritage of Law Threatened
by an E.U. Police State
A Napoleonic System of Repression Now Confirmed in Corpus
Speech by Michael A Clark at CIB
AGM - Birmingham 1st April 2000
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
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
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.
"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
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
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