Follow up letter to my MP
Thank you for your letter of 17th November, which was in reply to mine of the 30th October.
Knowing of your Scottish education and your professional background, I can only assume you chose to be deliberately obtuse by referring to the male primogeniture element in our 'Rouge' Prime Ministers speech.
At the Commonwealth Heads of Government meeting in Australia, David Cameron announced the end of male primogeniture in the Royal succession, and of his intention to lift the ban on the Monarch being married to a Roman Catholic.
In your letter you were quite right to point out that the United Kingdom has never had a written constitution binding future legislative process. However, we do have an uncodified constitution, starting with the ENGLISH Parliaments recognition of the Declaration of Right.
So once again I refer you to The Treason Act 1702 (1 Anne stat. 2 c21). (And for the further Security of Her Majesties Person and the Succession of the Crown in the Protestant Line)*
The Declaration of Rights is the property of the People and the Crown, and THIS document stands in its own right as evidence of the Contract made between the People of England and the Crown of England, in the full absence of any parliament.
Once the Agreement had been made between William of Orange and those members of the general public that he had called to meet with him, William could claim a legitimate kingship and could then proceed to summon the lawful Parliament that was needed to restore the kingdom to a full semblance of normality.
It was made clear that all parliaments would be required to maintain the terms of the Settlement that had been agreed upon, and that the penalty for failing to maintain the terms of the Settlement would be the penalty imposed for treason.
The most important job of the first new Parliament was to create a Parliamentary Recognition of the Declaration of Rights - and the complete text of the Declaration of Rights was incorporated into an Act of Parliament that has entered into our history and our Statute Law as The Bill of Rights (December, 1689).
The Bill of Rights now provides the basis for the legality of all Statute Law and re-states the terms under which the Peoples of England; Wales & Northern Ireland have consented to be governed.
Scotland has its own Claim of Right (1689), which provides the basic law under which the People of Scotland have consented to be governed.
The Bill of Rights & The Claim of Right make provisions that are largely the same - and whilst these two documents are recognised to be Statutes of the Realm (and therefore 'Creatures of Parliament' & subject to repeal or amendment by Parliament), it must not be forgotten that the Declaration of Rights itself is NOT a 'Creature of Parliament' and is NOT subject to amendment and/or repeal by any parliament.
*The Treason Act 1702 (1 Anne stat. 2 c21)
III Endeavouring to hinder the Succession to the Crown according to the Limitations of Stat. and attempting the same by overt Act; High Treason. Limitations stated; and attempting the same by overt Act; High Treason. And for the further Security of Her Majesties Person and the Succession of the Crown in the Protestant Line and for extinguishing the Hopes of the pretended Prince of Wales and all other Pretenders and their open and secret Abettors if any Person or Persons . . .shall endeavour to deprive or hinder any Person who shall be the next in Succession to the Crown for the Time being according to the Limitations in an Act intituled An Act declaring the Rights and Liberties of the Subject and settling the Succession of the Crown and according to One other Act intituled An Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject from succeeding after the Decease of Her Majesty (whom God long preserve) to the Imperial Crown of this Realm and the Dominions and Territories thereunto belonging according to the Limitations in the before mentioned Acts that is to say such Issue of Her Majesties Body as shall from time to time be next in Succession to the Crown if it shall please God Almighty to bless Her Majesty with Issue and during the Time Her Majesty shall have no Issue the Princess Sophia Electoress and Dutchess Dowager of Hanover and after the Decease of the said Princess Sophia the next in Succession to the Crown for the Time being according to the Limitation of the said Acts and the same malitiously advisedly and directly shall attempt by any overt Act or Deed every such Offence shall be adjudged High Treason and the Offender or Offenders therein their Abettors Procurers and Comforters knowing the said Offence to be done being thereof convicted or attainted according to the Laws and Statutes of this Realm shall be deemed and adjudged Traytors and shallbe liable to imprisonment for life . . . as in Cases of High Treason]