The Right to Petition a Grand Jury
It can be well argued that the 1st Amendment “Right to Petition for redress of grievances” in its origin was to a grand jury.
“The right to petition traces its origins to Magna Carta…” Justice Kennedy who delivered the opinion of SCOTUS in Borough of
Duryea, Pennsylvania v. Guarnieri, 564 U.S. 379, (2011), Part II, Paragraph 20
“The historical antecedents of the right to petition for the redress of
grievances run deep, and strike to the heart of the democratic
philosophy. C. 61 of the Magna Carta provided:…..” Footnote 2 of 2
by Justice O’Douglass, in SCOTUS case Adderly v. Florida, 385 U.S. 39 (1966)
So, let us review the Magna Carta sealed by [Bad] King John of England on June 15 th , 1215 AD at Runnymede England. In simplicity, the law was now above the king. Instead of Rex Lex, or Latin for “King is law”, it was now, Lex Rex, or “Law is King.” Thus, even the King is subject to the law now above him.
Of course, a law unenforced is just advice. The Barons knew this, and needed a mechanism of accountability. They needed a way to hold the king accountable to the law that was above him. Thus, the Barons were provided in the Magna Carta the right to hold the king accountable. The accountability mechanism is found in Clause 61 of the Magna Carta. Clause 61 allowed a baron or English subject to petition the barons to make things right. That upon hearing this, the Barons could talk with, and even oppress the king and “all the king’s men” to make things right when a subject was oppressed. This turning into redress for a grievance.
Once may wonder, “Back in the 13th Century, couldn’t the oppressed English Subject petition a member of Parliament? An elected Parliament didn’t exist! Not until the next century.
We have to note that the Magna Carta provided only two branches of government. These were:
I. Branch I: The King, and under him were judges, justiculars, administrators, sheriffs, soldiers… etc. All of the Executive Branch
II. Branch II: The Baron Group of 25 (See M.C. Clause 61).. aka a grand jury.
(Which held the king accountable to the Magna Carta.)
There was no elected parliament in the Magna Carta! Sure, there was the, “common counsel of the realm” (C14), but these were not elected by the people. Nor did they have authorized power to address grievances, and issue redress.
An elected Parliament didn’t exist until the next century. [1] “The Birth of Parliament” written by Professor Gwilym Dodd explains well how Parliament emerged over time.
So, to whom English Subjects to complain to in the 13th Century? It would be the Baron Group of 25. (An early grand jury). And what has history noted of the Baron’s holding government accountable? Did it work? Petitioning a grand jury?
“As late as 1311, the barons had regarded themselves as the defenders of the “community of the realm”; in political discussion or confrontation with the king,…” [2]
In other words, per C61 of the Magna Carta, an oppressed subject could petition the Baron Group of 25, who would confront the king, or the king’s administrators to correct errors; thus bringing redress for grievances. This early form of a grand jury was even authorized to use force to suppress the oppressor of a fellow Englishman.
Of course, people wonder, “was the Baron Group of 25 a grand jury”? Yes! Justice William O’Douglass made clear in 1973, by writing, in dissent,
“…Just as the nature of the [4 th ] Amendment rebels against the limits that the Government seeks to impose on its coverage, so does the nature of the grand jury itself. It was secured at Runnymede from King John as a cornerstone of the liberty of the people…” U.S v. Mara 410 U.S. 19, 27 (1973)
Justice O’Douglass cited Judge William Campbell, who has been on the District Court in Chicago for over 32 years. Judge Campbell also noted the grand jury from Runnymede. Runnymede was the field in which the Magna Carta was sealed by [Bad] King John on June 15 th , 1215 AD.
What is the conclusion? It can be well argued that the 1st Amendment “Right to Petition for a redress of grievance” in its origin was to a grand jury.
There was no elected parliament in the Magna Carta, thus a subject had no option but to petition the grand jury known as the “Baron Group of 25”, for redressing grievances.
One may ask, “Did the right to petition change?” No! It only expanded from petitioning the grand jury to ALSO petitioning a legislature, or a parliament. But for around 100 years, the only authorized body to petition, with force was the grand jury of the Baron Group of 25. Again, there was no elected parliament in the Magna Carta. The subjects of England secured their rights to petition Parliament in the Petition of Right of 1628, and English Bill of Rights - 1689. (The latter outlaw punishments upon peaceful petitioners.) These two were developed over 400 years after the Magna Carta of 1215.
Thus, we see that the “Right to Petition” in its original intent was to a grand jury. Then expanded to an elected Parliament. And if any U.S. county has no grand jury, then the people have the right to petition a government to summon or impanel a grand jury. See also, the 1st Amendment to the U.S. Constitution, and Pennsylvania “Right to Petition”, which reads,
Article I § 20. Right of petition.
“The citizens have a right in a peaceable manner to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by petition, address or remonstrance.”
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/00/00.001..HTM
Therefore, the idea of petitioning a local judge to impanel a local grand jury is not an unreasonable request. And that is exactly what a group of dedicated citizens are doing in Butler County Pennsylvania…. Petitioning to empanel an investigative grand jury to investigate the events of J13, where an assassin attempted to murder Donald J. Trump, and murdered Corey Copenhaver, injured David Dutch, and John Copenhavor. Is there more to the J13 shooting? Was there an accomplice? Why the chronic security failures? The grand jury can vindicate local law enforcement. This by issuing a presentment (report) on the security failures.
And you can be a part of this by signing the petition to impanel an investigative grand jury for investigating the July 13th, 2024 assassination attempt occurred upon Donald J. Trump. And it matters not if you live in another state. You can sign the petition from Montana, Alaska, Pennsylvania, etc….
To see promotions for the petition to impanel a Butler County Investigative Grand Jury, click here.
For a direct link to the petition, click: petitionpa.org
REFERENCES
[1] The Birth of Parliament
https://www.bbc.co.uk/history/british/middle_ages/birth_of_parliament_01.shtml
By Professor Gwilym Dodd, an Associate Professor in medieval history at the University of Nottingham.
Last updated 2011-02-17
[2] Ibid: The Birth of Parliament