By
Paul Nally
The Great Charter of Liberties, commonly referenced simply as “Magna Carta” or, in the vernacular, “the Great Charter”, the founding document of all Common Law countries, celebrates its 800th birthday June 15th.
This document was hoped to bring peace between the King and his subjects in the time of King John. As was the usual reason for dissent, John, who had lost his ancestral lands in France in 1204 and tried for 10 years to regain them, raised extensive taxes each year to pay for the venture. Ironically, in the previous century, King Henry I had proclaimed the provisions of this Charter, but they had fallen into disuse. But now the nobles demanded that they be written and that John ratify them.
The Great Charter was a failure as a peace treaty. However, John died in October of 1216 leaving his son, Henry III, as heir at the age of 9. Under the guardianship of a perceptive Knight, William Marshal, whose son was one of the first Twenty-Five elected by the Barons, the Great Charter was incorporated into the Charter of 1216 as a way to reduce the influence of the still rebellious faction. Following many years of strife, by the year 1300, three more charters were ratified, all solidifying the preeminence of the provisions of the Great Charter into the Common Law of England.
In light of the killing of David Hooks of Laurens County, Georgia, of historical and of particular note to us today are 6 of the 61 provisional clauses to which we, as a free people, owe much, and in today’s world, ignore or fail to enforce upon our public servants, at our great peril;
Clause 21. Men shall not be punished except through their peers, and only in accordance with the degree of the offense.
Today we ask the hard questions. Where were David Hooks’ peers that September night? Was any offense of his so onerous that he should have been punished by death for defending his home and wife?
Clause 39. No man shall be taken or imprisoned, deprived of his possessions, exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.
Today we ask: What just law, what constitutionally valid statute passed by our Legislature, commanded the Sheriff and his deputies to raid, at an unreasonable and late night hour, the home and invade the privacy of David Hooks and his wife, and by what lawful authority did they destroy him?
Clause 40. To no one will we sell, to no one will we refuse or delay, right or justice
Today we ask: Is it right or just that a man be destroyed in his own home by an unskilled, unlearned judge and an uncaring sheriff and deputies, all of whom have sworn an oath to protect the person and the property of all citizens of this State as their paramount duty? What price should we pay for the security of our home? Has this Nation not shed enough blood on foreign shores and in our own streets to secure that liberty to us and our posterity?
Clause 45. We will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm and mean to observe it well.
Today we ask: Why did a judge allow an illegal document to attach to a search warrant even if unsigned, why didn’t the judge diligently probe the sworn statements of the warrant applicant to determine the freshness and completeness of the evidence upon which he gave sworn testimony? And, why did those authorized to search not know the requirements of the black letter of the law to observe lawful restraint and propriety, commanding them to first knock and announce their presence? Is it prudent to have any person in any office of public trust who does not know, or care about, either the law or our rights?
Clause 52. If anyone has been dispossessed or removed by us, without the legal judgment of his peers, from his lands, castles, franchises, or from his right, we will immediately restore them to him; and if a dispute arise over this, then let it be decided by the five and twenty barons of whom mention is made below in the clause for securing the peace.
Today we ask: Can the Sheriff, who led the now infamous, deadly, and unconstitutional raid, restore David immediately to his life, his family and friends? And as immediacy is commanded, why have those placed in trusted positions of judgeships and district attorneys seemingly obstructed and delayed the Grand Jury’s lawful duty of inquiry into this matter for so long? The more poignant question is why didn’t the January Term Grand Jury act promptly according to their oath? Could it be they were intimidated? If so, who would do such a thing and can that conduct be allowed by free people without accountability?
Clause 61 … The barons shall elect twenty-five of their number to keep, and cause to be observed with all their might, the peace and liberties granted and confirmed to them by this charter.
If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offense is made known to four of the said twenty-five …, they shall come to us … to declare it and claim immediate redress.
Today we ask: Why have our neighbors in Grand Jury assembled, our most powerful servants, delayed the due course of justice? Why, or did, a judge of that Court obstruct or intimidate the January Term Grand Jury into not proceeding with its lawful duty to diligently inquire and true presentment make? And not just for David and his family do we ask, but for us all. We, too, have a right to the evidence of every man and our right, also, to have that evidence seen and heard by our Grand Jury immediately upon petition.
As evinced by this Ancient Charter, it is the Jury, the Grand Jury, who is the supreme authority in any County of this State. It is the Grand Jury who traces its lineage to Clauses 52 and 61 of the Magna Carta which commands them to protect with all their might. That “might” placed in their hands by our Constitution is the authority of Judges, and they are charged, by that Constitution and their Oath, to judge both the laws and the facts in diligent inquiry and to true presentment make.
This is the ancient Law which is still, 800 years later, plainly stated in our constitutions and statutes today; yet we watch as our elected servants subvert the law and turn it to an instrument of plunder and murder!
We, who now stand in the place of King John of so long ago, in observance of the Great Law and understand its creation, now are called upon to enforce that Great Charter upon our public servants, whether judges, district attorneys, or sheriffs, and demand our Grand Jury to enforce its independence as a separate Court of Inquiry and stand as a fortress against, and clean out, the evil of this day in our midst by bringing all before them to give an accounting of their words and deeds.
Or, are we to now take our place as a Nation of sheep, trembling at errant judges, sheriffs and lawyers imposing martial law? Or do we possess the fortitude and love of liberty to hold such treason, treachery, and thievery accountable, subject to lawful punishment?
No-Knock tactics such as this are illegal; No-Knock Authorizations are an illegal use and abuse of judicial power, unauthorized by law. Yet, for 45 years, out appellate judges have looked the other way just to protect errant cops! Now is the time for judges to be held accountable for their treason against our rights.
Ladies and Gentlemen, I commend to your understanding the life and sacrifice of David Hooks of Laurens County, Georgia that he may be remembered. May his legacy be told and retold for generations until no man walks upon this earth. That he be remembered, along with Gandhi and King as a man who stood fast under the banner of Liberty, as a man who gave the last full measure of devotion to hearth and those he loved … and, of greater significance, as the man who turned the lights back on in Georgia.
Paul Nally
Former Justice Of The Peace
Former Police Chief