
Originally Posted by
Aardvark
I hear white coats flapping in the wind....
Neither of the Magnae Cartae (do these guys not even know the plural of Magna Carta?) referred to are in force and nor are they relevant to today's circumstances. Only 3 sections of MC 1297 remain in force; the Master of the Rolls reminded us all of that in court only a few weeks ago.
The Treason Act 1351, as amended, remains on the statute books:
I have no idea what these people are smoking, but there is nothing there that changes anything. The law has not been used and I guess won't be. The 'King's enemies' does not include any nation we are at peace with or where we have signed a treaty. The EU and NATO are the King's/Queen's allies as are our colleagues within the UN. Sh@gging Princess Diana could have been considered treason, but no action was taken against any of those accused of so doing. The Treason Act 1695 placed a 3 year time bar on treason charges.
The Act of Supremacy 1534 was repealed by Mary Tudor in 1554. Elizabeth I passed a fresh Act of Supremacy in 1558 (in force 1559).
This made the Queen head of the Church of England. It is still in force. There is talk of disestablishment, but that will only be debated after HMTQ dies and not before.
The Declaration of Rights became the Bill of Rights, 1689. It has been amended on a number of occasions. I reckon these people (the DNPs) are amongst the class of morons who think that the Oath of Supremacy, which relates to spiritual and ecclesiastical matters only (targets the Pope in particular - if you know your history you will understand why), can be used to get us out of the EU. It can't. All the sophists who spout that rubbish about the Bill of Rights have not read the whole Bill, know nothing of the Test Acts nor Clarendon Code nor of the history of the period. It is clear that, when addressing Parliament on this matter, William III wanted to allow Dissenters to take the Test and said so (the speech is recorded). John Somers therefore put that into the Bill of Rights during the Convention Parliament. He and the other draughtsmen were thinking about stopping James II supporters having any role in governance, not of the EU.
The Act of Settlement 1700, as amended by the Accession Declaration Act 1910 and other statutes, remains in force. It decides who will be King or Queen and ensures no Roman Catholic can ascend to the throne. There might indeed be a discussion on the inheritance by RCs in the future, but that's not an issue today. The coronation oath is amended by the 1910 statute.
I guess the DNPs are referring to the Treason Felony Act 1848. The key provision is:
See also s10 - don't bring a private prosecution.
Now I'm a lawyer, of sorts, and I see things that the lay men might not notice.
Firstly, the words are not to be interpreted by fools to mean that HMTQ is any less of a Queen by being sovereign of an independent EU member state. She remains Queen and that is it.
Secondly, in theory at least, all the countries that have become independent and have removed HMTQ as Head of State are in breach of this law, but nobody has gone to Kenya and told them they are guilty of treason. A variety of laws have been passed giving independence to many of her dominions and countries. They have superseded the act. New laws abrogate old laws. That's the end of the matter.
I do not know why the DNPs think these laws are the most relevant, but it is clear that they have not a single lawyer within their ranks to put them right on these idiocies.
On the basis of that part of their manifesto alone I would contend that no sane nor educated person should waste their vote on such fools.
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