The Bill of Rights included the Oath of Allegiance to the crown which was required by Magna Carta to be taken by all crown servants including members of the judiciary. Specifically…they were required “not to take into consequence or example anything to the detriment of the subjects’ liberties". Similar words are still used today as crown servants swear or affirm that they “will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law” and that they “will well and truly serve our Sovereign Lady Queen Elizabeth the Second…and will do right to all manner of people, after the laws and usages of this realm without fear or favour, affection or ill will”.
Members of the armed forces swear equally unequivocal oaths of attestation which commit them to “protect her from all enemies and to uphold her in her person, dignity and crown”.
None of these oaths mention parliament, which clearly indicates that parliament cannot interfere with the relationships or duties established by them.
Which brings us to one of the pivotal issues of our case - the direct, indisputable and irreconcilable conflict between the oaths sworn by privy counsellors who subsequently swear oaths on appointment as European Union commissioners.
Privy counsellors swear:
“I will to my 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 and potentates. And generally in all things I will do as a faithful and true servant ought to do to Her Majesty. So help me God.”