Open Letter
Following on from the previous post, the following is an open letter written by Anne Palmer. Keep up the good work Anne
Dear Lord Dobs,
With reference to your Private Members Bill to make provision about succession to the Crown and about Royal Marriages.
I write to convey my great concern and objection to any alteration or repeal of any part of our Common Law Constitution. You site the Act of Settlement, which is of course what it says it is, an important ‘act of settlement’ and one which makes quite clear is “forever”. Any alteration or repeal would also affect fifteen Commonwealth Countries.
I am aware that the present Pope wanted (the Catholic) religion included in the European Constitution and note that he is also Head of the Catholic Church and Head of State. Whereas our Constitution applies to this country, the Papacy as I understand it, considers itself not only a political institution, it would claim universal authority. It does not however have jurisdiction here in this Realm of the United Kingdom. It should remain ever thus. (See also Hansard 19th December 2001 Column 322 re religious discrimination)
I am aware of Lord Gray’s case on the abolition of the Hereditary Peers that he thought ultra vires, and I am aware of the out-come of that case. (There were no life Peers in 1706/7). The Act of Union is a Treaty between two sovereign states, the Country of England (and Wales) and the Country of Scotland. It is also a Treaty that was ratified. Alteration or repeal of such an ancient document would put that Treaty in jeopardy, and therefore the United Kingdom as a whole in jeopardy. The Treaty upon the Act of Union is also very clear about religion and succession and Article 11 of the Treaty of Union embodies the substance of the Act of Settlement. The repeal of that Treaty would bring about two separate Countries once more.
The Bill of Rights is about the security of this nation and the security and rights of the people. Although ‘today’s’ Politicians appear to believe that they can do exactly what they like, (they appear to rely on their interpretation of Dicey, yet neither he nor Lord Denning could have envisaged that any British Government would have gone so far as to contemplate accepting an EU constitution that would take preference above our own). What our Parliamentarians seem to forget is that most of our Common Law Constitution is a contract/compact made between the Crown and the people of this Country and to which Parliament has agreed. (See Denning in his quote from Sir Thomas Fuller) It is the people’s Bill of Rights and is part of the settlement of what became known as the Glorious Revolution of 1688 into which the whole of the Declaration of Rights was incorporated into the Bill of Rights.
“For the ratifying, confirming and establishing the said declaration and the articles, clauses, matters and things therein contained by the force of a law made in due form by authority of Parliament, do pray that it may be declared and enacted that all and singular the rights and liberties asserted and claimed in the said declaration are the TRUE, ancient and indubitable rights and liberties of the people of this Kingdom, and so shall be esteemed, allowed, adjudged, deemed and taken to be, and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said declaration, and all ministers whatsoever shall serve their Majesty’s and their successors according to the same in all times to come”.
None of it could be clearer. The Government and the people are bound by Oath (and so by law) to the Crown. It is part of the Settlement of one of the most successful revolutions in history, at least up until recent years. For example, under the present and recent situation, if a subject of Her Majesty is arrested and charged by a foreign national, recruited into the British Police Service quite deliberately, then the people might become alerted to the destruction of their rights. The Act of Settlement and Magna Carta are quite clear that British nationals only should be recruited and the Bill of Rights lays down the Oaths of Allegiance. These were all built into our Common Law Constitution even all those long years ago for the SECURITY of this country and the people and, as part of our Constitution it applies today. (I am aware of the ‘nationality’ clause in the EU Constitution, but SECURITY of our country and our own Constitution must take precedence, and especially before ‘deeper and more meaningful’ integration into the European Union.
The incorporation into our legislation of the Convention on Human Rights went ahead in the full knowledge that it was incompatible with our Constitution. A Constitution is like the foundations of a house; our Constitution is the very foundation of this Country authority. Chip away at the foundations of a house, and it falls down. Chip away at our Constitution and eventually the whole Country may fall. Likewise by incorporating the European Communities Act into our Legislation again knowing that it was incompatible with our Constitution was bound to bring with it a division of the people within this Country. A division, which commenced in 1972, and has become a wide gulf at this present time. It is time for the Convention on Human Rights to be repealed along with the European Communities Act.
It cannot possibly have escaped notice that the people of this Country have become more protective of their country recently, perhaps more patriotic than they have been for some considerable time. So many died fighting in two world wars so that we should not be governed forever by other than our own. I realise more than ever that our own constitution has to be protected and must not be allowed to be slowly ‘chipped away’. I am fearful, very fearful of what may happen in the future, especially when the “Treaty ESTABLISHING a Treaty for the Union” is being mooted as “just another treaty”. It is most definitely NOT. I pray that it does not bring forth another glorious revolution if any attempt is made to incorporate it as a Constitution for this country. Or one Constitution for the whole of the European Union with us still ‘in’ the Union.
Her Majesty, Queen Elizabeth II is bound by the Oaths she made at Her Coronation as we too are so bound by our oaths of allegiance. I respectfully ask you to withdraw your Bill. I remain a loyal and true subject of Her Majesty Queen Elizabeth II.
Yours faithfully,
Anne Palmer.
Copy to the Lord Chancellor.
As this is about our Constitution, it is an open letter.
Dear Lord Dobs,
With reference to your Private Members Bill to make provision about succession to the Crown and about Royal Marriages.
I write to convey my great concern and objection to any alteration or repeal of any part of our Common Law Constitution. You site the Act of Settlement, which is of course what it says it is, an important ‘act of settlement’ and one which makes quite clear is “forever”. Any alteration or repeal would also affect fifteen Commonwealth Countries.
I am aware that the present Pope wanted (the Catholic) religion included in the European Constitution and note that he is also Head of the Catholic Church and Head of State. Whereas our Constitution applies to this country, the Papacy as I understand it, considers itself not only a political institution, it would claim universal authority. It does not however have jurisdiction here in this Realm of the United Kingdom. It should remain ever thus. (See also Hansard 19th December 2001 Column 322 re religious discrimination)
I am aware of Lord Gray’s case on the abolition of the Hereditary Peers that he thought ultra vires, and I am aware of the out-come of that case. (There were no life Peers in 1706/7). The Act of Union is a Treaty between two sovereign states, the Country of England (and Wales) and the Country of Scotland. It is also a Treaty that was ratified. Alteration or repeal of such an ancient document would put that Treaty in jeopardy, and therefore the United Kingdom as a whole in jeopardy. The Treaty upon the Act of Union is also very clear about religion and succession and Article 11 of the Treaty of Union embodies the substance of the Act of Settlement. The repeal of that Treaty would bring about two separate Countries once more.
The Bill of Rights is about the security of this nation and the security and rights of the people. Although ‘today’s’ Politicians appear to believe that they can do exactly what they like, (they appear to rely on their interpretation of Dicey, yet neither he nor Lord Denning could have envisaged that any British Government would have gone so far as to contemplate accepting an EU constitution that would take preference above our own). What our Parliamentarians seem to forget is that most of our Common Law Constitution is a contract/compact made between the Crown and the people of this Country and to which Parliament has agreed. (See Denning in his quote from Sir Thomas Fuller) It is the people’s Bill of Rights and is part of the settlement of what became known as the Glorious Revolution of 1688 into which the whole of the Declaration of Rights was incorporated into the Bill of Rights.
“For the ratifying, confirming and establishing the said declaration and the articles, clauses, matters and things therein contained by the force of a law made in due form by authority of Parliament, do pray that it may be declared and enacted that all and singular the rights and liberties asserted and claimed in the said declaration are the TRUE, ancient and indubitable rights and liberties of the people of this Kingdom, and so shall be esteemed, allowed, adjudged, deemed and taken to be, and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said declaration, and all ministers whatsoever shall serve their Majesty’s and their successors according to the same in all times to come”.
None of it could be clearer. The Government and the people are bound by Oath (and so by law) to the Crown. It is part of the Settlement of one of the most successful revolutions in history, at least up until recent years. For example, under the present and recent situation, if a subject of Her Majesty is arrested and charged by a foreign national, recruited into the British Police Service quite deliberately, then the people might become alerted to the destruction of their rights. The Act of Settlement and Magna Carta are quite clear that British nationals only should be recruited and the Bill of Rights lays down the Oaths of Allegiance. These were all built into our Common Law Constitution even all those long years ago for the SECURITY of this country and the people and, as part of our Constitution it applies today. (I am aware of the ‘nationality’ clause in the EU Constitution, but SECURITY of our country and our own Constitution must take precedence, and especially before ‘deeper and more meaningful’ integration into the European Union.
The incorporation into our legislation of the Convention on Human Rights went ahead in the full knowledge that it was incompatible with our Constitution. A Constitution is like the foundations of a house; our Constitution is the very foundation of this Country authority. Chip away at the foundations of a house, and it falls down. Chip away at our Constitution and eventually the whole Country may fall. Likewise by incorporating the European Communities Act into our Legislation again knowing that it was incompatible with our Constitution was bound to bring with it a division of the people within this Country. A division, which commenced in 1972, and has become a wide gulf at this present time. It is time for the Convention on Human Rights to be repealed along with the European Communities Act.
It cannot possibly have escaped notice that the people of this Country have become more protective of their country recently, perhaps more patriotic than they have been for some considerable time. So many died fighting in two world wars so that we should not be governed forever by other than our own. I realise more than ever that our own constitution has to be protected and must not be allowed to be slowly ‘chipped away’. I am fearful, very fearful of what may happen in the future, especially when the “Treaty ESTABLISHING a Treaty for the Union” is being mooted as “just another treaty”. It is most definitely NOT. I pray that it does not bring forth another glorious revolution if any attempt is made to incorporate it as a Constitution for this country. Or one Constitution for the whole of the European Union with us still ‘in’ the Union.
Her Majesty, Queen Elizabeth II is bound by the Oaths she made at Her Coronation as we too are so bound by our oaths of allegiance. I respectfully ask you to withdraw your Bill. I remain a loyal and true subject of Her Majesty Queen Elizabeth II.
Yours faithfully,
Anne Palmer.
Copy to the Lord Chancellor.
As this is about our Constitution, it is an open letter.
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