Archives for October 2010

Hierarchy of Laws Exercise 2

October 30, 2010 by Chris Field Leave a Comment

In the first Exercise we saw law sorted into different levels, with “Higher Law” taking precedence over lesser laws. We looked at the Australian Constitution to see certain things with priority higher than the Constitution and others under the Constitution.

Exercise 2 takes a closer look at those things Higher than the Australian Constitution. We look at Royal Prerogative.

Royal Prerogative

Courts of justice in England were originally administered by the King or Queen and were Royal Courts. This is normal, where those in power exercise the law. Hammurabi, Caesar, Pharaoh, Rome’s Emperors, tribal chiefs and others like them were the final authority for justice and law in their cultures.

English Monarchs gain authority at Coronation, when they swear certain allegiances giving them right to wear the Crown. Thus the “Crown” speaks of the authority of the Kings and Queens of England, down through history.

Monarchs did not hear all cases, but authorised their officials to judge under royal authority. That royal authority is referred to as Royal Prerogative.

If a court was not convened under the monarch’s authority then the court was not a valid court and its decisions were not valid.

Halsbury’s Definition

Halsbury’s Laws of England defines Royal Prerogative as follows:

“The Crown as the Source of all Jurisdiction. Sovereign as the source of all justice. By virtue of the prerogative the Sovereign is the source and fountain of justice and all jurisdiction derives from her. Hence in legal contemplation, the Sovereign’s Majesty is deemed always to be present in court, and by the terms of the coronation oath, and by the maxims of the common law as also by the ancient charters and statutes confirming the liberties of the subject, the Sovereign is bound to cause law and justice in mercy to be administered in all judgments.”

Halsbury’s Laws of England (3rd Ed) Volume 8 Constitutional law, The Royal Prerogative

Under the Crown

The Australian Constitution is “under the Crown of the United Kingdom of Great Britain and Ireland”, so this key aspect of the Crown, Royal Prerogative, gives us further insight into the Higher Laws operating in Australia.

The Australian Constitution and the Commonwealth of Australia exist “under the Crown”. Yet the definition of Royal Prerogative indicates that the King or Queen of England is subject to several things. Those things are even “higher” than the Crown and thus higher than the Australian Constitution.

Exercise 2

Review the definition of Royal Prerogative and see what things are OVER the Crown. They are the things which the Crown brings with it into every Court in Australia.

There are Three Things which the Crown brings into each Court, because the Crown is actually “under” those three things. What are they?

No Crown No Justice

There is a notion in the minds of some Aussies that the English monarch is a relic of the past. Those people don’t realise that the Crown plays the most powerful role in Australia, being over the Constitution and the Commonwealth and bringing justice to all our courts.

If we scrap the monarch, as some people want, and have a “republic” as has been pushed for, then much more changes than the face on our postage stamps.

If we remove the Crown then none of our courts will have jurisdiction and there will be no justice. The only way to have jurisdiction and justice in Australian courts at present is for the Crown to preside over each court.

But the Crown brings with it those things which the Crown is subject to.

So how did you go identifying those things?

Over the Crown

Here are three things that the definition of Royal Prerogative shows us are “over” the Crown.

1. Coronation Oath. No king or queen can take the Crown unless they make the Coronation Oath. In that oath the prince or princess must first swear allegiance to Almighty God, Jesus Christ, the Christian faith and the Holy Bible. Coronation is a religious ceremony, administered by the Archbishop.

No English King or Queen can rule unless they submit to God and promise to rule the people according to the Christian faith and the Holy Bible.

So the Coronation Oath and all it stands for are higher than the Crown and that oath puts God, Christ, Christianity and the Bible “higher” than the Crown.

2. Maxims of Common Law. Kings and Queens of England are not above the law. They are bound to obey the law just as much as the humblest urchin. They are under the Common Law. Common law governs the whole land. It came from the Bible, as we will see more clearly in a later look at the Hierarchy of Laws.

3. The ancient charters and statutes confirming the liberties of the subject. Each new King or Queen is bound by the promises made by their predecessors. Those ancient promises, such as Magna Carta, Bill of Rights and Habeas Corpus, were created to confirm and guarantee the freedoms (liberties) of the common people. So each new king and queen is bound not to become a despotic exploiter of the people. These ancient charters and statutes are also referred to as Imperial Acts.

Hierarchy at the Top End

In Exercise 1 we saw that the Australian Constitution is under Almighty God and the Crown. So now we can get a better picture of those things that are Higher Law than our Constitution, by including what we learn from Royal Prerogative.

We see that the Crown is below Almighty God, because the Coronation Oath requires the Crown to swear allegiance to God, Jesus Christ, the Christian faith and the Holy Bible.

Common Law and the Imperial Acts are under Almighty God, Christ, Christianity and the Bible, but still above the Crown.

Our Law Resource

Consider the awesome riches of the Higher Law governing Australia.

Almighty God brings eternal power, truth and blessing. Jesus Christ brings salvation. Christianity brings grace. The Holy Bible brings a solid foundation. Common Law brings stability. Imperial Acts bring guarantees of our freedoms, justice and rights. And the Crown brings authority and establishes all of this over the Commonwealth of Australia.

Every expression of the Commonwealth, at the Federal level and in each state and territory, must uphold that Higher Law. If it doesn’t it is violating the Higher Laws of Australia. It is Treason, because it attacks the Crown, denying its authority.

Every person in the Commonwealth is bound to ensure that the Highest Laws of our land are upheld.

So discover our Hierarchy of Laws and take your part in ensuring that we benefit from them all.

Limits on Australia

All those things which are Higher Law than the Constitution put limits on the Constitution. The Constitution, Parliaments, States, Courts, People, Corporations, Police, Military, and other elements of Australia cannot violate Almighty God, common law or the Imperial Acts.

If a Parliament tried to make it legal to hate God, to break the law or to take away our “liberties” guaranteed by the Imperial Acts, then the Parliament would be committing Treason.

What wonderful safeguard we have in Australia! Our problem is that those in power ARE committing Treason. They are denying our liberties as promised by English monarchs over almost a millennium. They are creating lesser laws to destroy the Higher Laws. And that has to stop!

Hierarchy of Laws Exercise 1

October 29, 2010 by Chris Field Leave a Comment

A traffic officer hands a man a ticket for breaking a state speed limit.

A local council fines a family for not registering their cat.

A court dismisses a man’s claims because they were not in the prescribed form.

A traffic court ignores a lady’s protest at a traffic fine.

Someone tells these people about our Constitution, common law, Imperial Acts, individual rights, promise of justice, the Holy Bible, appeal to the Crown, Royal Prerogative, natural justice, divine law, Federal Law, but it all sounds too complicated.

How do you work out which law can be relied on and when?

Not all laws are equal. There is a hierarchy of laws, where lesser laws rely on more significant laws. By understanding that hierarchy you can respond wisely to various laws.

Exercise One

Here’s a simple exercise to help you sort out something of the Hierarchy of Laws. We’ll call this Exercise 1 – Basics, since there are more complex exercises to do once you do this one.

This is designed for Aussies, but you might be able to replicate it for your nation.

Take a blank sheet of paper and about a third of the way down the page write AUSTRALIAN CONSTITUTION.

We’ll start with the Australian Constitution since that is Law establishing Australia.

Anything above the words AUSTRALIAN CONSTITUTION is the HIGHER LAW which the Constitution relies on, and anything below relies on the Constitution for its existence.

If something is above, then it is Higher Law to the Constitution and everything below it. Higher Law comes first and wins over all lower laws.

Ready?

Step One

Let’s start with the First Paragraph of the Australian Constitution:

“WHEREAS the people of New South Wales, Victoria, South Australia, Queensland; and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established”

For those who struggle with the words here is a rewording of that paragraph: The people of the Australian colonies, humbly relying on God’s blessing, agree to unite in an unbreakable “Federal Commonwealth” (union of separate states working together for the good of all – like the European Union) which exists and operates under the authority of the Crown (the kings and queens) of the United Kingdom of Great Britain and Ireland, and exists and operates by the rules set out in this Constitution.

Can you see anything in there that is shown to be ABOVE the Australian Constitution? Have a look.

Look only at what the Constitution was “under” – either stated as such or indicated by the words.

In the top section of your page write whatever you find the Constitution to be “under”.

Step Two

Now let’s go to Clause 5 in the Constitution:

“This Act (the Constitution), and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth”

Can you see anything there that is shown to be UNDER the Australian Constitution? Have a look.

As you find things that are Under the Constitution, write them in the lower portion of your page.

Step Three

You will have three sections to your page: things “over” the Constitution; the Constitution itself; and things “under” the Constitution.

Where on your page would you put the following things?

Queen Elizabeth II. Council parking rules. Supreme Court Rules. The Prime Minister of Australia. Any promise made to you by the Kings of England. The Attorney General. A fine from a traffic court. The Bible. United Nations policy. Yourself.

Results Reviewed

This is Exercise 1 – Basics, so we’ll look deeper at this topic in later exercises. For now let’s make some foundational observations.

1. What did you put above the Australian Constitution after reading that first paragraph from the Constitution?

“WHEREAS the people of New South Wales, Victoria, South Australia, Queensland; and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established”

Since the people CREATED the Constitution by their vote to accept or reject it, anything “over” the people is also “over” the Constitution. The people put the Constitution under two entities, Almighty God and the Crown of the United Kingdom of Great Britain and Ireland.

What is Under the Constitution

2. What did you put under the Constitution after reading Clause 5?

The Constitution is over the courts, judges and people of every part of the Commonwealth.

Looking back at the first paragraph we can also say that the “Federal Commonwealth” is under the Constitution.

The highest “Australian Law” is our Constitution. No law or rule by the Federal Parliament or by any state or by any government department, or by a local council, or a court, or a private company in Australia is allowed to go against the Constitution.

No decision made by the Parliament in Canberra can go against the Constitution. So all new laws must reflect the old law, our Constitution, or they are not valid laws.

Putting Things in Place

3. Where on your page did you put those things listed under point 3?

Queen Elizabeth II wears the “Crown”, so she, in her royal capacity, is above the Constitution.

Council parking rules are made by an entity that is under the Constitution.

Supreme Court Rules are also made by an entity under the Constitution.

The Prime Minister of Australia is part of the Federal Commonwealth, even as its accepted leader, and so is under the Constitution.

Any promise made to you by the Kings of England comes from a higher authority than the Constitution. So the Crown’s Promise in Magna Carta, over 700 years ago, stands as Higher Law than the Constitution and any other law made in Australia.

The Attorney General is part of the Federal Commonwealth and so is under the Constitution.

A fine from a traffic court is under the Constitution.

The Bible is given by Almighty God and so is Higher Law than the Constitution and all laws created in Australia or any of its states or territories. That’s why you swear an oath on the Bible and Parliament always begins with prayer. And the Holy Bible is allowed to be quoted in any court as lawful authority for your claims.

United Nations policy is separate to Almighty God, the Crown and the Australian Constitution, therefore it has no place in our laws. If the Federal Parliament or a state parliament agrees to some UN policy then that agreement comes under the Constitution and must be subject to all that is above the Constitution. We can never be ruled by the UN or outside forces unless we destroy our Constitution.

Yourself. You are in a very interesting position. Clause 5 says the Constitution and all laws made under it are binding on the “people of every State and every part of the Commonwealth”, so that puts you “under” the Constitution. But it is the “people” who created the Constitution and who are the only ones who have the power to change it or ever get rid of it. So you are both “under” the Constitution and “above” the Constitution.

Now do this exercise again and supervise your friends doing it. It will make you and them think about who you are and where you really stand in regard to the Law.

And look out for Exercise 2 on the Hierarchy of Laws.

PS: Help me Beta-test this exercise and give me your feedback. Ta.

Why Bother

October 29, 2010 by Chris Field 2 Comments

Our story was given national coverage on TV as “Home Loan Siege” on A Current Affair. That sure has created a stir.

I spoke with a local yesterday who asked me why I bother challenging Bank Fraud. His reasoning went like this.

1. You either pay the Bank or someone they sold your loan to, so it doesn’t matter if the Bank is lying, there is nothing in it for you.

2. The Bank has more money than you, so you will lose anyway.

3. There’s no point in taking on the banks.

Sadly his approach is one we have heard too many times in recent weeks.

A Pastor’s wife told Susan “I don’t have a loan.” When Susan pointed out that many people do have loans involving fraud the woman said, “I don’t have a loan.” When Susan tried to point out that Banks commit Fraud and the Courts commit Treason the woman said, “People shouldn’t take loans then they wouldn’t have any trouble.”

The responses we confront carry the sense of “I’m alright. Blow you Jack!” (Self-interest only) and “What’s the use?” (Defeatism). The reason the Banks commit wholesale Fraud (now exposed in the USA) and the Courts commit wholesale Treason (as I have encountered many times this year) is because “good people do nothing”!

It’s the “I don’t care!” attitude and the “Why bother?” defeatism that created this problem.

I told the local chap someone has to stand up to evil, or my grandkids will ask why I didn’t protect their future. He patted me on the arm, told me I’m a brave man, then advised me I would lose anyway.

Wow!

That’s why justice in Australia is non-existent; why we pay fines we shouldn’t have to pay; why the courts dismiss us as irrelevant; why politicians lie to us and do their own thing; why Treason rules and our lawful rights are trampled.

Now, if SOMEONE HAS TO DO SOMETHING, who should that be?

Someone has to say “It DOES MATTER!” and “It’s WORTH THE FIGHT!” Someone has to stand up and challenge evil, or we will all be swamped by it.

Julia Gillard, Tony Abbott, Bob Brown, Bob Katter, Tony Windsor, Rob Oakeshott, John Brumby and a host of other influential politicians should be the first to defend us. But, I’m afraid to say, they are part of the Treason problem, either by seeking to destroy our Constitution or not stopping others who are doing so.

What about the leaders in industry, science, commerce, arts, media and so on standing against Fraud and Treason? I can’t see them. The “heroes” haven’t breathed a word about it.

Surely the Church is championing the cause. Can you see that? I can’t see anything but a few individuals banging their head against the Courts and the pollies. Most are ignored by the media, painted as trouble-makers and struggling against apathy of the masses.

That’s why I bother. One day I will stand before Almighty God and He will ask about my BIRTHRIGHT. He will ask me what I did with the freedoms and rights He gave me. I don’t want to tell Him “I sold my birthright for a weekend in the sun!”

I want to say, I treasured everything You gave me, and I fought to defend it, and all Aussies are now living better lives because I brought down Fraud and Treason!

When you get to my age leaving a lasting heritage is means much more than fast cars or the latest fashion. I have a use-by date, but my kids and grandkids will inherit whatever is left of Australia once we have finished abusing it.

So I’m turning the tide. I’m on a ridiculous campaign against evil at the highest levels and apathy or self-interest everywhere else.

It reminds me of Don Quixote “To Dream the Impossible Dream” – “And the world will be better for this, that one man scorned and covered with scars, still strove with his last ounce of courage – to Reach the Unreachable Stars!”

Grab your donkey and come for the ride!

Open Portals

October 24, 2010 by Chris Field 3 Comments

God opens Portals so His grace and blessing can flow to people. Great men of ancient times were Portals, such as Moses and King David. God’s grace to their nation flowed through those men. The altar of animal sacrifice was a Portal of God’s forgiveness and grace.

In Jesus’ day we know of a Pool where an angel stirred the water to allow a person to receive healing. That Pool of Bethesda was a Portal. Jesus Christ was a walking Portal and all who came to Him received God’s grace and blessings. Cloths taken from Peter and put on the sick were a Portal of God’s grace and healing.

A Portal is some place, person or provision by which God delivers something of His grace and blessing to people.
Australians have many portals through which to receive God’s grace, such as the Church and the Bible. People receive God’s grace and blessing by reading God’s Word, the Bible, and by hearing the preaching of God’s Word and worshipping God in the many churches across Australia.

Aussies also have a wonderful Portal in the ancient Imperial Acts of the Christian kings of England, and principally Magna Carta. That declaration, dating back over 700 years, distilled Christian truths into a royal decree guaranteeing the liberties, justice and rights of the people. Through that one Portal millions of people, over many centuries, in diverse cultures around the globe, have enjoyed their God-given freedoms, justice and rights. Magna Carta is a “Portal” of God’s grace.

Another wonderful Portal, little more than a century old, is the Australian Constitution. Those who created it called it a new Magna Carta. They saw it as a guarantee of stability, freedom, peace and good governance. It was a Portal through which Australia is defined as a Christian nation, with a Christian heritage of law, good government, stability, safeguards against evil people, and hope for the future.

In modern times, however, evil forces have sought to block and close these Portals, denying us the liberties, justice and rights guaranteed in the Imperial Acts of the Christian kings and queens of England, and either ignoring our Constitution or trying to destroy it altogether.

We have had judges declare that Magna Carta means nothing any more. And there is a vigorous push for a Republic. There are lawyers today who don’t believe Australian law or common law came from the Bible. There are people today who think common law and the Imperial Acts have been removed by decisions of parliaments.

However, I am here to ensure that God’s Portals for us Aussies remain wide open!

In the name of Jesus Christ of Nazareth, Son of the Living God, Saviour, Lord, King of Kings and Lord of Lords, I declare that Magna Carta is an Open Portal for the peoples of the earth and that the Australian Constitution is an Open Portal for the peoples of Australia.

I declare that every voice, force, energy, lie, manipulation, conspiracy, demon, collusion, curse, or any such thing that opposes the Imperial Acts, Common Law or the Australian Constitution is null and void, destroyed, invalidated, rendered useless and trampled under foot. No power on earth or hell can close God’s conduits of grace and blessing. I declare it so in Jesus’ powerful name.

And in Jesus’ lovely and powerful name I rebuke every conspirator, liar, manipulator, rebel, fool, official, potentate, demon, person or any other who in any way attempts to close or even limit God’s chosen Portals of grace and blessing to the ordinary men, women and children of Australia.

I defy the forces of darkness, in the name of Him who is the Light of the World.

I destroy the works of darkness, in the authority of Him who has the Keys to Death and Hell.

I rebuke the workers of iniquity, in the power of Him who will judge the living and the dead.

And I release blessing and divine grace upon Australia, for all the helpless, ordinary people who have been robbed, abused, lied to, deceived, trapped, enslaved and brought low by those who love darkness.

I release the Gospel of our Lord Jesus Christ upon this wonderful Commonwealth, where we share in common the wealth of God’s grace and blessing upon our land. I release salvation, healing, miracles, revival, restoration, forgiveness, repentance, holiness, deliverance from demons addiction and slavery, and the joy and blessing of being children of the Most High God.

We need more of God’s grace and blessing. And I won’t allow God’s Portals of that grace and blessing to be clogged up by foolish and evil people who think they can defy the Living God.

If you are a Christian I encourage you to join me in the declarations I have made here. Read it out loud and even shout it out before Heaven and Hell, so we, as God’s people, can claim God’s blessings and release them upon the whole of Australia.

Still Here

October 23, 2010 by Chris Field 2 Comments

It is almost a month since I moved back into my home after being evicted by Victorian Sheriffs.

On Tuesday (Oct 19) a fresh notice delivered from Jane Baldwin of the Sheriffs Office Victoria stated the following…

FINAL NOTICE. The Sheriff has received FINAL instructions to PROCEED with execution of the warrant and intends to take possession of this property WITHOUT FURTHER NOTICE. YOU MUST VACATE THE PROPERTY IMMEDIATELY. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN SHERIFF’S OFFICERS REMOVING ALL OCCUPANTS, INCLUDING ANY TENANT, FROM THE PROPERTY.

That’s a pretty intimidating notice eh?
Many people who have received that Final Notice have done exactly what it tells them to do, thinking they will never get their home back, all is lost, they are in defeat and so on.

But that’s exactly the same notice I was given before my eviction on 21 September.

We ignored the notice back then and we are ignoring it again!

You see the only thing the sheriffs can do is forcibly remove me from my property. But they can’t pass ownership of my home to any other person. My home belongs to me!
So, there is no reason why I should “vacate the property immediately”, except to make life easy for the sheriff and the banks.

My home is MY HOME. I own it. I “possess” it.

The last eviction did not give “possession” to the bank, since the Sheriff acknowledges that I possess it right now.

The banks want my home, but they have not proven they have any right to it. They lied to the Victorian Supreme Court on 11 January 2010, just like the USA Banks lie to the courts over there. The US Banks have been stopped from foreclosing because of their lies. In Australia the banks can still lie to the court and not get charged with Fraud – but I intend to change all that.

The bank’s lawyers knew that the bank didn’t have lawful right to foreclose, and that’s why they advised that “copies” of the original loan contract were available for inspection. All the bank had in order to prove its claim were Copies. Copies are inadmissible. They are “hearsay evidence” and that’s not worth a bean in court.

Unless it’s the supreme court of victoria where they trample on the Crown and the rights of the people.
Associate Justice Mukhtar of the Supreme Court Victoria made a ruling that my claim that the bank prove its rights and not rely on hearsay evidence was unacceptable. He struck out my claims and insisted that I must never bring them to the court again. That’s total abuse of my lawful rights and of justice. Yet his order was posted to me stamped with the Crown Identifier in an envelope marked OHMS (On Her Majesty’s Service). So, the order represents TREASON.

The lawyers in my case conspired with the bank to pervert the course of justice. And officials of the Supreme Court of Victoria went along with the plan, trampling all over my rights and justice. They will all have to accept responsibility for their criminal behaviour. They can’t keep committing Fraud and Treason and Perverting the Course of Justice. It’s got to STOP!

I may yet be removed from my home once more. Jane Baldwin has threatened me with that already. She is operating under the authority of the Crown, intending to fulfill a Warrant created by the Supreme Court of Victoria, which court is under the Crown.
But the Crown has promised you and me “Justice and Right” and that promise has been around for over Seven Hundred (700) Years!
So if Jane Baldwin or any other sheriff’s officer forces me from my home they are committing TREASON against the Crown, just like the Supreme Court of Victoria is doing right now.

The Supreme Court Victoria and the Sheriffs Office Victoria are working hand in hand to put into effect a “strictly non-judicial foreclosure” on my home – denying me the proper jury trial and justice guaranteed us – violating all the promises guaranteed to us by the Crown, the Australian Constitution, and Common Law. That’s TREASON.

The only reason they can get away with Treason is that no-one stands up to them and calls their criminal activity for what it is.

Now, back to where I started. “I’M STILL HERE!”
I’m still calling Fraud for what it is.
I’m still calling Treason for what it is.
I’m still demanding the Crown’s Promise set in concrete for us over 700 years ago.
Why should we accept slavery or defeat when we have been promised Justice, Rights and Liberties?

And I’m still here prompting YOU to realise what is yours, and prompting you to stand up against this Treason too!

Get rid of Rob Hulls – He presides over this destruction of our Justice and Right and sought to remove the Crown from Victorian courts. He’s got to go! I believe he is engaged in Treason against the Crown.

Oh, and do you want to know something funny. Rob Hulls has been charged with Treason by a fellow Victorian, and the only way Treason can be dealt with is by a Grand Jury. So, guess what? Rob Hulls has done away with Grand Juries in Victoria!
Isn’t that a scream?
He’s compounding his Treason by taking away the power of the people to try him for Treason.

Did I already say “He’s Got to Go!”
I hope you get the picture. The man sh0ws criminal hatred for your freedoms and will do what ever he has to do to destroy them.
Men like that shouldn’t have any responsibility at all.
Such men should have to face the Grand Jury they seek to outlaw, so they can be recognised as the outlaws they are.

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