So what does this all mean?
Magna Carta was sealed in perpetuity by a King of the Realm, the English Commonwealth Realm. King John was subject to the first invocation of Article 61 a Constitutional safeguard when there is tyranny and it gives the people the right to freedom. The King or Queen, who’s job may be in severe question after the evidence we have, is always in service to the people (or should be). The King only deals with the Barons, who are the representatives of the people: ie modern parliament. Maga Carta 1215 is, was and will ever be, the English Constitution for the ordering of the people and the Realm, our Constitutional Common Law, and a contract between the knights, barons, clergy, towns people to uphold the Rule of Law and Common Law. One may say we have more legislation rules and deception and chaos, since all the statutes, acts rules and legislation have done away with our Common Law. It is the Barons who are liaison between the people and the monarch, the politicians of the day, who still have lawful judgement under Common Law. Magna Carta affirmed the right of the people to such things as, trial by jury, protection from excessive taxes without representation, fines and ultimate sovereignty under Common Law.
Article 61 of the 63 Articles of Magna Carta 1215 is the Lawful and peaceful mechanism for the people of a country if you are under threat. Constitutionally, the people must alert the Barons, who must all agree to elect 25 respected protectors of the Realm, who are then bound to petition (alert in writing) the Monarch, about the treason’s and transgressions, and then, constitutionally, allow 40 days for the Monarch to respond and remedy the treason, OR, the Law of Article 61 will be invoked against the monarch/government by royal constitutional protocols. (Explanatory notes are in brackets).
Article 61 says:
Since, moreover, for God (Since we have granted all these things by God) and the amendment of our kingdom and for the better allaying of the quarrel that has arisen between us and our barons, (The monarch can only answer to the Barons who act on behalf of the people) we have granted all these concessions, desirous that they should enjoy them in complete and firm endurance forever, (Invoke Article 61 of the forever Magna Carta 1215 ) we give and grant to them the underwritten security, namely, that the barons choose five and twenty barons (25 Barons need to agree a crime or treason has been committed) of the kingdom, whomsoever they will, who shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted and confirmed to them by this our present Charter, so that if we, or our justiciar, or our bailiffs or any one of our officers, (pre parliament) shall in anything be at fault towards anyone, or shall have broken any one of the articles of this peace or of this security, (have broken the law or committed crime or treason) and the offense be notified to four barons of the foresaid five and twenty, the said four barons shall repair to us (invoke Article 61) or our justiciar, if we are out of the realm) and, laying the transgression before us, petition to have that transgression redressed without delay.
And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm), ( if the Monarch doesnt act) the four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons shall, together with the community of the whole realm, ( meaning the people of the whole Realm. As we at Practical Lawful Dissent have sent 1000’s of Oaths over the years to the Barons, and requested meetings with them, there has never been a response, and that may be due to their treason or their fear) and distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations towards us. (The phrase “until they have secured such redress as they have determined upon” gives the authority for the people to rebel/dissent, and for a constitutional convention of the people. There have been three such conventions in the last 800 years. The first was at Runnymede when Magna Carta was sealed. The barons were the final court of appeal, as they still are under our Common Law, and determinations made by the barons has the status of a legal judgement. So the barons met at Runnymede, with the full support of the people who had risen up, and Magna Carta was the result. Then they may resume their normal obedience to us – it is still up to the people under a constitutional convention to decide if they even need a monarch, especially as we have witnessed huge treason over the last 800 years)
And let whoever in the country desires it, swear to obey (take the Oath to the barons committee of article 61 for the purpose of restoring the Rule of Law, and carry out the distrain and distress, and seek remedy, take back what is ours) the orders of the said five and twenty barons for the execution of all the aforesaid matters, and along with them, to molest us to the utmost of his power; and we publicly and freely grant leave to everyone who wishes to swear, and we shall never forbid anyone to swear. (and we publicly and freely grant leave /freedom and lawful excuse to anyone who swear an oath) All those, moreover, in the land who of themselves and of their own accord are unwilling to swear to the twenty five to help them in constraining and molesting us, we shall by our command compel the same to swear to the effect aforesaid. (Those who do not swear the oath or committ crimes or treason will be, in those days, molested, not literally as we know it now, and constrained or stopped).
(The rules to the barons) In other words, it is our duty to step in and require the Monarch to uphold their contract with the people. Sovereignty lies with the people and the Monarch is bound by that oath to honor thier Oath and to hold an out an of-control government to account).
And if any one of the five and twenty barons shall have died or departed from the land, or be incapacitated in any other manner which would prevent the aforesaid provisions being carried out, those of the said twenty five barons who are left shall choose another in his place according to their own judgement, and he shall be sworn in the same way as the others. Further, in all matters, the execution of which is entrusted, to these twenty five barons, if perchance these twenty five are present and disagree about anything, or if some of them, after being summoned, are unwilling or unable to be present, that which the majority of those present ordain or command shall be held as fixed and established, exactly as if the whole twenty five had concurred in this; and the said twenty five shall swear that they will faithfully observe all that is aforesaid, and cause it to be observed with all their might. And we shall procure nothing from anyone, directly or indirectly, whereby any part of these concessions and liberties might be revoked or diminished; and if any such things has been procured, let it be void and null, and we shall never use it personally or by another.”
Here is an account from Blackstones (Blacks Law) dictionary, of the creation of Magna Carta and Article 61. (NB Blackstones is not solely a lawful dictionary).
Blackstone’s account – “After a Constitutional Convention of the people on the 5th May 1215, the barons, having chosen as their leader, Robert Fitzwalter … performed the solemn fuedal ceremony of diffidatio, or renunciation of their fealty and homage, a formality indispensible before vassals could, without infamy, wage war upon their feudal overlord. Absolved of their allegance … they marched on London. What this demonstrates is that having taken an oath of allegiance which one might assume is for life, is not, and so allegiance can be withdrawn if the Monarch is in breach of their contract with the people. ( same as the barons)
Blackstone continues: It was on the 15th June, in the year 1215, that the conference began between John, supported by a slender following of half-hearted magnates, upon the one side, and the mail-clad barons, back by a multitude of well-armed knights, upon the other. The conference lasted for eight days, from Monday of one week till Tuesday of the next.
On Monday the 15th, John set seal to the demands presented to him by the barons, accepting every one of their “Articles,” with the additional “Forma Securitatis” or executive clause, vesting in twenty-five of their number full authority to constrain King John by force to observe its provisions. Right to Rebel That “full authority to constrain … by force” is one of the key features of Magna Carta: our right to rebel should the government of the day be operating outside it’s lawful authority”.