This is vital reading ladies and gents! I have been remiss in not talking about this aspect of Common Law - and really, it is the ultimate prize for the citizen under Common Law.
Perhaps the reason for neglecting this has been the need to understand, fully, the power of Trial by Jury first. Once you fully comprehend the power that a jury has under Trial by Jury, then you can wrap your head around this one! Are you ready?...
The idea is that a private plaintiff (the party that initiates the action or lawsuit), can prosecute a member of the government or judiciary. That private plaintiff can be any member of the general public.
This whole Private prosecution aspect relies upon three articles in Magna Carta: Articles 36, 40 and 61. Immunity from prosecution, and therefore full liability for those who work in administrative government, is caused, specifically by Article 61.
Crucially, that action that is brought, can be done so cost-free by a single or multiple plaintiffs. What this means is that those in the entire machinery of government that are involved in drafting statutory law that is harmful to individual citizens can be sued. But, that prosecution is then heard by a Jury of their peers.
The Common Law removes all protections for officers of government and renders them totally liable as already mentioned (article 61). Thus the ‘Parliamentary privilege’ becomes null and void.
With a prosecution under genuine Common Law, the action always proceeds immediately to the petit jury (the jury of 12) at Trial by Jury. It therefore precludes a grand jury – that which is normally used by government to investigate potential crime. So, with a prosecution, Grand Juries are circumvented and the plaintiff’s action is heard immediately in a Trial by Jury - removing any potential delay or 'excuse' that may be attempted by government.
So this places all law makers under the power of jurors! The cost-free aspect of this is dealt with by article 36:
‘In future nothing shall be paid or accepted for the issue of a Writ of Inquisition of life or limbs [criminal charge]. It shall be given gratis [i.e., for free], and not refused.’
Article 40 deals with the promptness and lack of delay guaranteed to the plaintiff. It must not be delayed!
‘To none will we sell, to none will we deny, to none will we delay right or justice.’
Once you understand the power of Trial by Jury, you then further need to appreciate the even greater powers that are then handed to the people by this prosecutorial aspect of the Common Law. It means that Trial by Jury isn’t only used defensively when someone has supposedly committed a crime: it means that Trial by Jury as a weapon can be aimed specifically at any conniving, corrupt or dishonest member of the political class or establishment for attempting to bring about injustice.
This, of course, will ultimately cause any public servants involved in the law-making process to pass only laws that are genuinely just, fair and equitable or face risk of being sued by any member of the public, free of charge!
This is also the mechanism by which existing legislation that is out of alignment with Common Law would be removed.
Nice, don't you think?!