eurealist.co.uk

A Solemn Oath

I mentioned the other day that Denis MacShane is very concerned about solemn treaty obligations he said “the Tory-Ukip would mean the UK would instantly be in breach of all its solemn treaty obligations, which would mean either massive fines or quitting the EU”

His concern is very commendable even though no government can bind a successor and these solemn promises made in the treaties are not his promises he is right to be concerned about solemn promises, otherwise how can we trust anything or anyone, if people are going to go around breaking their solemn oaths an oath then becomes meaningless.

Of course, as an aside, if the oath was made by a minister of the British government, and had anything to do with signing away the sovereignty of the British parliament, or the British people, then we would expect that minister to be fully empowered by the people to make a promise to obey the treaties on their behalf.

As we know this is not and has never been the case with the EU Treaties, they have been signed without the agreement being sought from the people; in fact they have been signed against the wishes of the majority of the people in this country.

But in general we would expect a minister of the Crown, who is required as a prerequisite to taking office, swear allegiance to the Queen and to the country, to be prepared to stand by that solemn legally binding oath, after all a solemn oath of allegiance to ones queen and country is rather more important than a quick promise to pick up a pint of milk on the way home from the office.

There is a maxim in Law

Juramentum est indivisibile, et non est admittendum in parte verum et in parte falsam.

(An oath is indivisible, it cannot be in part true and in part false.)

Although Dr MacShane is quite concerned about solemn Treaty obligations he did not make and is therefore not bound by, he seems to be incredibly unconcerned about either his or his ministerial colleagues oaths to the Queen.

We have situation arising very soon when Dr MacShane`s Ex Ministerial colleague Peter Mandelson
Swears his oath of allegiance to the EU, yet is under a sworn an oath to the Queen, each oath is mutually exclusive in as much as each oath promises to serve only the one master.

When The Right Honourable Peter Benjamin Mandelson takes his oath as an EU Commissioner he will swear
“To perform my duties in complete independence, in the general interests of the communities; in carrying out my duties, neither to seek nor to take instruction from any government or body; to refrain from any action incompatible with my duties”,

Let us not forget at this stage, this is a man who has twice been sacked from government for corruption.

His oath to the Queen obviously means nothing to him or obviously Dr MacShane because when they took office they both took the following oath…

You do swear by Almighty God to be a true and faithful Servant unto the Queen’s Majesty, as one of Her Majesty’s Privy Council. You will not know or understand of any manner of thing to be attempted, done, or spoken against Her Majesty’s Person, Honour, Crown, or Dignity Royal, but you will lett and withstand the same to the uttermost of your Power, and either cause it to be revealed to Her Majesty Herself, or to such of her Privy Council as shall advertise Her Majesty of the same. You will, in all things to be moved, treated, and debated in Council, faithfully and truly declare your Mind and Opinion, according to your Heart and Conscience; and will keep secret all Matters committed and revealed unto you, or that shall be treated of secretly in Council. And if any of the said Treaties or Counsels shall touch any of the Counsellors, you will not reveal it unto him, but will keep the same until such time as, by the Consent of Her Majesty, or of the Council, Publication shall be made thereof. You will to your uttermost bear Faith and Allegiance unto the Queen’s Majesty; and will assist and defend all Jurisdictions, Pre-eminences, and Authorities, granted to Her Majesty, and annexed to the Crown by Acts of Parliament, or otherwise, against all Foreign Princes, Persons, Prelates, States, or Potentates. And generally in all things you will do as a faithful and true Servant ought to do to Her Majesty. So help you God.

An oath of allegiance to ones queen and country may not mean much to these people, but if our system of government is to have any meaning at all, then a solemn oath must be enforceable, otherwise we are all living in a never never land of make believe when words can mean anything that is required of them at the time.

It also must be remembered that Chris Pattern, who is soon to return from the EU, took both oaths; perhaps someone will ask him, which he will be obeying, when he is trying to sell the EU Constitution to the people of this country. The people he has already shown his contempt for by breaking his oath of allegiance to the Queen or the EU which gives him immunity from the law for life, and also pays him a handsome pension, that he need not declare as an interest.

Many thanks to Alex Dakers for the legal information.