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A Citizen's View from Main Street

NH-HB1580 – New Hampshire Republicans seek to Embrace Foreign Law


Because moving forward to the 1950s is not wacky enough, state republicans in New Hampshire are considering traveling back to 1297AD for their justification for the legal basis of individual rights and liberties within new law.

HB 1580 – AS INTRODUCED

2012 SESSION

12-2335
08/03
HOUSE BILL 1580
AN ACT requiring a reference to the Magna Carta on certain legislation.
SPONSORS: Rep. Kingsbury, Belk 4; Rep. Twombly, Hills 25; Rep. L. Vita, Straf 3
COMMITTEE: Constitutional Review and Statutory Recodification

ANALYSIS

This bill requires a reference to the Magna Carta on certain legislation.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2335
08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT requiring a reference to the Magna Carta on certain legislation.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Magna Carta References. Amend RSA 14 by inserting after section 39-a the following new section:

14:39-b Magna Carta Reference. All members of the general court proposing bills and resolutions addressing individual rights or liberties shall include a direct quote from the Magna Carta which sets forth the article from which the individual right or liberty is derived.

2 Effective Date. This act shall take effect November 1, 2012.

What kind of restriction does this place on the recognition of individual rights and liberties? The first problem with this law is that there is more than one version of the Magna Carta. Lets look at the Magna Carta (1297):

[1] In the first place we grant to God and confirm by this our present charter for ourselves and our heirs in perpetuity that the English Church is to be free and to have all its rights fully and its liberties entirely. We furthermore grant and give to all the freemenof our realm for ourselves and our heirs in perpetuity the liberties written below to have and to hold to them and their heirs from us and our heirs in perpetuity.

English: Magna Carta from 1297

Image via Wikipedia

[2] If any of our earls or barons, or anyone else holding from us in chief by military service should die, and should his heir be of full age and owe relief, the heir is to have his inheritance for the ancient relief, namely the heir or heirs of an earl for a whole county £100, the heir or heirs of a baron for a whole barony 100 marks, the heir or heirs of a knight for a whole knight’s fee 100 shillings at most, and he who owes less will give less, according to the ancient custom of (knights’) fees.

[3] If, however, the heir of such a person is under age, his lord is not to have custody of him and his land until he has taken homage from the heir, and after such an heir has been in custody, when he comes of age, namely at twenty-one years old, he is to have his inheritance without relief and without fine, saving that if, whilst under age, he is made a knight, his land will nonetheless remain in the custody of his lords until the aforesaid term.

[4] The keeper of the land of such an heir who is under age is only to take reasonable receipts from the heir’s land and reasonable customs and reasonable services, and this without destruction or waste of men or things. And if we assign custody of any such land to a sheriff or to anyone else who should answer to us for the issues, and such a person should commit destruction or waste, we will take recompense from him and the land will be assigned to two law-worthy and discreet men of that fee who will answer to us or to the person to whom we assign such land for the land’s issues. And if we give or sell to anyone custody of any such land and that person commits destruction or waste, he is to lose custody and the land is to be assigned to two law-worthy and discreet men of that fee who similarly will answer to us as is aforesaid.

[5] The keeper, for as long as he has the custody of the land of such (an heir), is to maintain the houses, parks, fishponds, ponds, mills and other things pertaining to that land from the issues of the same land, and he will restore to the heir, when the heir comes to full age, all his land stocked with ploughs and all other things in at least the same condition as when he received it. All these things are to be observed in the custodies of archbishoprics, bishoprics, abbeys, priories, churches and vacant offices which pertain to us, save that such custodies ought not to be sold.

[6] Heirs are to be married without disparagement.

[7] A widow, after the death of her husband, is immediately and without any difficulty to have her marriage portion and her inheritance, nor is she to pay anything for her dower or her marriage portion or for her inheritance which her husband and she held on the day of her husband’s death, and she shall remain in the chief dwelling place of her husband for forty days after her husband’s death, within which time dower will be assigned her if it has not already been assigned, unless that house is a castle, and if it is a castle which she leaves, then a suitable house will immediately be provided for her in which she may properly dwell until her dower is assigned to her in accordance with what is aforesaid, and in the meantime she is to have her reasonable necessities (estoverium) from the common property. As dower she will be assigned the third part of all the lands of her husband which were his during his lifetime, save when she was dowered with less at the church door. No widow shall be distrained to marry for so long as she wishes to live without a husband, provided that she gives surety that she will not marry without our assent if she holds of us, or without the assent of her lord, if she holds of another.

[8] Neither we nor our bailiffs will seize any land or rent for any debt, as long as the existing chattels of the debtor suffice for the payment of the debt and as long as the debtor is ready to pay the debt, nor will the debtor’s guarantors be distrained for so long as the principal debtor is able to pay the debt; and should the principal debtor default in his payment of the debt, not having the means to repay it, or should he refuse to pay it despite being able to do so, the guarantors will answer for the debt and, if they wish, they are to have the lands and rents of the debtor until they are repaid the debt that previously they paid on behalf of the debtor, unless the principal debtor can show that he is quit in respect to these guarantors.

[9] The city of London is to have all its ancient liberties and customs. Moreover we wish and grant that all other cities and boroughs and vills and the barons of the Cinque Ports and all ports are to have all their liberties and free customs.

[10] No-one is to be distrained to do more service for a knight’s fee or for any other free tenement than is due from it.

[11] Common pleas are not to follow our court but are to be held in a certain fixed place.

[12] Recognisances of novel disseisin and of mort d’ancestor are not to be taken save in their particular counties and in the following way. We or, should we be outside the realm, our chief justiciar, will send our justices once a year to each county, so that, together with the knights of the counties, that may take the aforesaid assizes in the counties; and those assizes which cannot be completed in that visitation of the county by our aforesaid justices assigned to take the said assizes are to be completed elsewhere by the justices in their visitation; and those which cannot be completed by them on account of the difficulty of various articles (of law) are to be referred to our justices of the Bench and completed there.

[13] Assizes of darrein presentment are always to be taken before our justices of the Bench and are to be completed there.

[14] A freeman is not to be amerced for a small offence save in accordance with the manner of the offence, and for a major offence according to its magnitude, saving his sufficiency (salvo contenemento suo), and a merchant likewise, saving his merchandise, and any villain other than one of our own is to be amerced in the same way, saving his necessity (salvo waynagio) should he fall into our mercy, and none of the aforesaid amercements is to be imposed save by the oath of honest and law-worthy men of the neighbourhood. Earls and barons are not to be amerced save by their peers and only in accordance with the manner of their offence.

[15] No town or free man is to be distrained to make bridges or bank works save for those that ought to do so of old and by right.

[16] No bank works of any sort are to be kept up save for those that were in defense in the time of King H(enry II) our grandfather and in the same places and on the same terms as was customary in his time.

[17] No sheriff, constable, coroner or any other of our bailiffs is to hold pleas of our crown.

[18] If anyone holding a lay fee from us should die, and our sheriff or bailiff shows our letters patent containing our summons for a debt that the dead man owed us, our sheriff or bailiff is permitted to attach and enroll all the goods and chattels of the dead man found in lay fee, to the value of the said debt, by view of law-worthy men, so that nothing is to be removed thence until the debt that remains is paid to us, and the remainder is to be released to the executors to discharge the will of the dead man, and if nothing is owed to us from such a person, all the chattels are to pass to the (use of) the dead man, saving to the dead man’s wife and children their reasonable portion.

[19] No constable or his bailiff is to take corn or other chattels from anyone who not themselves of a vill where a castle is built, unless the constable or his bailiff immediately offers money in payment of obtains a respite by the wish of the seller. If the person whose corn or chattels are taken is of such a vill, then the constable or his bailiff is to pay the purchase price within forty days.

[20] No constable is to distrain any knight to give money for castle guard if the knight is willing to do such guard in person or by proxy of any other honest man, should the knight be prevented from doing so by just cause. And if we take or send such a knight into the army, he is to be quit of (castle) guard in accordance with the length of time the we have him in the army for the fee for which he has done service in the army.

[21] No sheriff or bailiff of ours or of anyone else is to take anyone’s horses or carts to make carriage, unless he renders the payment customarily due, namely for a two-horse cart ten pence per day, and for a three-horse cart fourteen pence per day. No demesne cart belonging to any churchman or knight or any other lady (sic) is to be taken by our bailiffs, nor will we or our bailiffs or anyone else take someone else’s timber for a castle or any other of our business save by the will of he to whom the timber belongs.

[22] We shall not hold the lands of those convicted of felony save for a year and a day, whereafter such land is to be restored to the lords of the fees.

[23] All fish weirs (kidelli) on the Thames and the Medway and throughout England are to be entirely dismantled, save on the sea coast.

[24] The writ called ‘praecipe’ is not to be issued to anyone in respect to any free tenement in such a way that a free man might lose his court.

[25] There is to be a single measure for wine throughout our realm, and a single measure for ale, and a single measure for Corn, that is to say the London quarter, and a single breadth for dyed cloth, russets, and haberjects, that is to say two yards within the lists. And it shall be the same for weights as for measures.

[26] Henceforth there is to be nothing given for a writ of inquest from the person seeking an inquest of life or member, but such a writ is to be given freely and is not to be denied.

[27] If any persons hold from us at fee farm or in socage or burgage, and hold land from another by knight service, we are not, by virtue of such a fee farm or socage or burgage, to have custody of the heir or their land which pertains to another’s fee, nor are we to have custody of such a fee farm or socage or burgage unless this fee farm owes knight service. We are not to have the custody of an heir or of any land which is held from another by knight service on the pretext of some small serjeanty held from us by service of rendering us knives or arrows or suchlike things.

[28] No bailiff is henceforth to put any man on his open law or on oath simply by virtue of his spoken word, without reliable witnesses being produced for the same.

[29] No freeman is to be taken or imprisoned or disseised of his free tenement or of his liberties or free customs, or outlawed or exiled or in any way ruined, nor will we go against such a man or send against him save by lawful judgement of his peers or by the law of the land. To no-one will we sell or deny of delay right or justice.

[30] All merchants, unless they have been previously and publicly forbidden, are to have safe and secure conduct in leaving and coming to England and in staying and going through England both by land and by water to buy and to sell, without any evil exactions, according to the ancient and right customs, save in time of war, and if they should be from a land at war against us and be found in our land at the beginning of the war, they are to be attached without damage to their bodies or goods until it is established by us or our chief justiciar in what way the merchants of our land are treated who at such a time are found in the land that is at war with us, and if our merchants are safe there, the other merchants are to be safe in our land.

[31] If anyone dies holding of any escheat such as the honour of Wallingford, Boulogne, Nottingham, Lancaster or of other escheats which are in our hands and which are baronies, his heir is not to give any other relief or render any other service to us that would not have been rendered to the baron if the barony were still held by a baron, and we shall hold such things in the same way as the baron held them, nor, on account of such a barony or escheat, are we to have the escheat or custody of any of our men unless the man who held the barony or the escheat held elsewhere from us in chief.

[32] No free man is henceforth to give or sell any more of his land to anyone, unless the residue of his land is sufficient to render due service to the lord of the fee as pertains to that fee.

[33] All patrons of abbeys which have charters of the kings of England over advowson or ancient tenure or possession are to have the custody of such abbeys when they fall vacant just as they ought to have and as is declared above.

[34] No-one is to be taken or imprisoned on the appeal of woman for the death of anyone save for the death of that woman’s husband.

[35] No county court is to be held save from month to month, and where the greater term used to be held, so will it be in future, nor will any sheriff or his bailiff make his tourn through the hundred save for twice a year and only in the place that is due and customary, namely once after Easter and again after Michaelmas, and the view of frankpledge is to be taken at the Michaelmas term without exception, in such a way that every man is to have his liberties which he had or used to have in the time of King H(enry II) my grandfather or which he has acquired since. The view of frankpledge is to be taken so that our peace be held and so that the tithing is to be held entire as it used to be, and so that the sheriff does not seek exceptions but remains content with that which the sheriff used to have in taking the view in the time of King H(enry) our grandfather.

[36] Nor is it permitted to anyone to give his land to a religious house in such a way that he receives it back from such a house to hold, nor is it permitted to any religious house to accept the land of anyone in such way that the land is restored to the person from whom it was received to hold. If anyone henceforth gives his land in such a way to any religious house and is convicted of the same, the gift is to be entirely quashed and such land is to revert to the lord of that fee.

[37] Scutage furthermore is to be taken as it used to be in the time of King H(enry) our grandfather, and all liberties and free customs shall be preserved to archbishops, bishops, abbots, priors, Templars, Hospitallers, earls, barons and all others, both ecclesiastical and secular persons, just as they formerly had.

Another problem with using quotes from the Magna Carta to justify rights in America is that the Magna Carta represents laws of a feudal system, not the Republican form of government we have.

What else is wrong with this picture?

  • It defies the republican objections to using foreign laws to inform our legal system.
  • It defies the republican “English Only” policy. The Magna Carta is written in Latin, and even translations contain numerous Latin words.

One important problem is that the Magna Carta has already been mined for insight by the Framers. There are no undiscovered new rights or liberties to be found. This means that the purpose of this law is to place sharp restrictions on what existing rights can be recognized and supported by new law. Effectively, no new rights recognition. Under the false flag of liberty, this would suppress the growth of liberty and carve existing inequities in stone.

So how do they justify this law?

Badly.

Kingsbury said the “primary motivation” for the bill was to honor the Magna Carta’s upcoming 800-year anniversary in 2015. Citing quotes from the document will bring its historical importance to the public’s attention, he said.

Horse Hockey. You want to honor the Magna Carta, you mention it in a press release. You name a day, or a month, after it. You do NOT use it to rationalize erecting barriers to liberty.

Vita acknowledged that “all the activist issues that have come up in recent years probably are not addressed in the Magna Carta.”

“It probably didn’t enter anybody’s mind back then,” Vita said. “In spite of that point, I’ll still support the bill.”

Twombly said “no way in heck” was his intention in backing the bill to prevent progressive civil rights legislation from being introduced.

“That’s not my thought whatsoever,” he said. “Our society has changed a lot since then. There are issues that need to be resolved that weren’t a problem years ago.”

This is the only purpose of the bill. Denying it is an insult to the intelligence of your audience. The bill itself is an insult to the Magna Carta, the Constitution and its Framers, the country, and liberty itself.

We have these geniuses to thank for this next-generation attack on America:

  • Rep. Kingsbury, Belk 4
  • Rep. Twombly, Hills 25
  • Rep. L. Vita, Straf 3

Eight hundred years later, an inspiration

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January 7, 2012 - Posted by | GOP, Legislation, Strangelove | , , , , , , , , , ,

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