One most significant and revealing attribute associated with the 1215 Great Charter Constitution Magna Carta ought to be acknowledged and amongst initial deliberations on the subject. The English Constitution’s authors and the People’s forefathers, common and ennobled, knew, understood, defined and prescribed within the 1215 Great Charter the sole peaceful means known to humankind for annihilating tyranny 5 and establishing equal justice for all.
This was through the mechanism judicium parium; to which we now refer as the Constitutional Common Law Trial by Jury; or, for short hereinafter, as Trial by Jury 6 (proper noun, capitalised). We draw particular attention within this Restoration statute to Trial by Jury, the unique phenomenon of Liberty and Justice defined and prescribed by Magna Carta in 1215.
Despite widespread illiteracy, no press (printing), still less the Internet, the folk all knew they had the greatest conceivable heritage of liberty and equal justice. It was learned and passed from generation to generation throughout the land by word of mouth. The Gothic pan-European people understood and vigorously upheld the sole peaceful mechanism known to mankind for creation of a uniquely egalitarian, just rule of law which is secular, universally applicable, and embodies the ‘sine qua non’, the defining factor, distinguishing genuine human Civilisation, Democracy 7 , from the primitive barbarism of secular or theocratic despotism 8 . We extol Trial by Jury as humankind’s model justice system for all causes, civil, criminal and fiscal, hereby restoring and implementing it as such.
All nations govern (rule) through their justice system. Free people and nations govern themselves through their Justice System. As all causes are hereafter decided and upheld through our Constitutional Trial by Jury Justice System to the exclusion of all propounded alternative means of enforcing law, the now-restored Trial by Jury and Magna Carta 1215 cover and govern all legal and social contingencies whatsoever.
Our Common Law Constitution 9 achieves the natural aspiration for an equitable rule of law. It does this by creating a level ‘playing field’ for all; that is, by making all men and women equal and subject to the same rule of law as everyone else. This explicitly includes everyone: head of state, parliamentary legislators local and national, government functionaries, bureaucrats, justices, judges, personnel and employees, Police, Prison Service and Armed Services. No one is ‘above’ the rule of law.
The purpose of this Restoration Amendment is to annihilate such uncivilised phenomena as arbitrary government, despotism and tyranny within England and its Dependencies for all time. Article Sixty-One of the 1215 Great Charter, which is hereby restored, removes ‘immunity from prosecution’ from those who form or work for government. It renders them just as liable to be arraigned for Crime 10 at Trial by Jury as any other person. Citizens volunteering for or legally conscripted into our Armed Services shall be subject only to martial or maritime laws which are ultimately judicable 11.