The Vital Role of Sheriff

As a long-standing agent and servant of the monarch, the Sheriff is a vital protector of the rights and freedoms of men and women in the land.

With an English heritage dating from 992AD, and as the second oldest public position in English law, exceeded only to that of the king and queen, the office of sheriff provides a vital protection for today’s Australians, by bringing into the present various ancient protections and guarantees specifically linked to that role.

The office of sheriff answers directly to the monarch, as an appointee of the king, for the administration of law and order and as a “conservator of the king’s peace”.

While most elements of society change character over time, as responsibilities and social needs change, there are some anchor points in history that fix certain conditions of society and the roles of certain players in society, as a safeguard for future generations.  By virtue of its antiquity and high ranking responsibilities, the office of sheriff confers the most powerful protections and guarantees upon members of the Australian public.

Two significant moments in history give security to Australians through the services of the office of sheriff.  Two history enactments, Magna Carta 1215 and the Australia Constitution Act 1900, have profound implications for justice and rights conferred upon today’s Australians.

Magna Carta 1215/1297

While many rightly look to Magna Carta as the “Great Charter of Liberties” for men and women of the land, it is not widely recognised that the office of sheriff is significantly addressed in that guarantee of justice and liberty.

Magna Carta protected men and women of the land by limiting the Crown (the monarch) so that he or she would never sell, deny or delay justice or right.

“We will sell to no man, we will not deny or defer to any man either justice or right.”

This Crown Promise became the foundation stone of modern expectations of personal liberty and of justice.

Nine references to the office of sheriff in Magna Carta limit the sheriff, along with other servants of the Crown, from doing anything that will deny or delay justice or right.  Thus the most significant foundation for modern rights to justice and liberty is not only guaranteed by the Crown, but is to be delivered and protected through the office of sheriff.  Thus the office of sheriff is bound by ancient orders of its royal master to uphold and protect the rights of men and women of the land.

Spelling It Out

Let me summarise this important point so you don’t miss it.

The office of sheriff answers directly to the monarch, as an appointee of the king, for the administration of law and order and as a “conservator of the king’s peace”.

The monarch and all his or her appointees, including the sheriff, are bound by the Crown’s Promise in Magna Carta never to sell, deny or delay justice or right.

So, as a direct appointee of the Crown, bound to uphold and protect justice and right for you, there is no other official in Australia more responsible to guarantee your ancient liberties and protections.

As modern governments, courts and officials increasingly seek to deny justice and right to Australians the office of sheriff carries a vital role of protection for members of the Australian public.

Australian Constitution

The Australian Constitution stands as a time capsule for all Australians, defining a moment in history when all the guarantees and protections promised by the Crown through its generations, including Magna Carta, were sealed for all members of the Australian public.

The Preamble to the Australian Constitution identifies the Crown of the United Kingdom of Great Britain and Ireland as the source of authority for the new Australian entity formed by the Constitution.

Through that Constitution the rights and freedoms of Australians were placed in Trust with the Crown, and all the promises and protections of the Crown were conferred upon the men and women of Australia in their new political status.

Note the British Parliamentary Hansard record regarding the Australia Constitution Act 1900.

“This Constitution is to be an Imperial act and it is, in substance, the delegation of powers to an authority which is created by the Imperial Parliament.”

The Australian Constitution is an “authority” which received on January 1, 1901 “the delegation of powers” under the Crown.

Thus that moment in history defines the scope and extent of the Crown’s guarantees and protections conferred upon Australians.

Any change to the Crown’s guarantees and protections since January 1, 1901 is thus breach of trust on the part of any and all officials who support such a change. If an Australian Federal or State government, official, police force, law, court or whatever sells, denies or delays justice or your rights to you they are in “breach of trust” with you.

Magna Carta Guaranteed

On January 1, 1901 the Crown Promises in Magna Carta, that “We will sell to no man, we will not deny or defer to any man either justice or right” were guaranteed to all Australians, through their Australian Constitution.

The role of the sheriff as an agent directly under the Crown, specifically referred to in Magna Carta, specifically restricted by the Crown’s guarantee of justice and rights, cannot be diminished from its January 1, 1901 standing without breach of trust by any who would make such changes.

The modern day sheriff is bound by the Crown’s Trust of January 1, 1901. The modern day sheriff is bound by its ancient history to uphold and protect the Crown’s Promises, including those given in Magna Carta.

The modern day sheriff is not a servant of the courts, a state office, or any other limiting description. The modern day sheriff is bound by the definitions of a sheriff applicable on January 1 1901.

Sheriff Role Defined

In terms of its functions today the sheriffs appears to be no more than a court police force, invading the homes of people found guilty by the courts in order to obtain payment of penalties imposed.

Evictions of home owners in foreclosure are undertaken by sheriffs.

The modern day sheriff has to be a tough character, ready to confront the anger of persons having their property taken from them to satisfy some court order or other.

Yet, this picture of a sheriff is deceptive and devoid of the historical authority of the role.

Remember that the sheriff is the second oldest public position in English history. The sheriff is directly accountable to the Crown. The sheriff is responsible to maintain the King’s justice, the administration of law, and the King’s peace.

And there, specifically, is the key to the importance of the sheriff.

Defender of the Crown Promise

Sheriffs are not answerable to the courts to perform as bully or hit-man to enforce court orders. Sheriffs are accountable to the Crown, directly, to uphold and protect the Crown’s Promise of justice and right.

It does not matter what role the current monarch of England holds in Australian political life. The role of sheriff in Australia is bound as of January 1 1901 by the Crown’s Promises and the Crown’s Trust with the Australian public.

Only an official referendum decision made by the majority of the people in every state of Australia can change that. No state government or change in the character of the general population can change the sheriff’s role and responsibilities.

Sheriffs and Courts

While a court may claim to be an expression of the Crown’s authority and issue an order, warrant or writ in the name of the King or Queen, the sheriff is bound directly by Magna Carta to perform the Crown Promise that “We will sell to no man, we will not deny or defer to any man either justice or right”.  The sheriff is specifically named in Magna Carta, enjoined specifically to the royal “We” of the Crown’s Promise.

If a sheriff supports a judicial order which sells, denies or delays justice or right to any man or woman, then the sheriff is acting in breach of allegiance to the Crown, even if the judicial order is given in the name of the Crown.  The sheriff is also engaged in breach of trust with the Australian public, by failing to deliver the Crown’s promises as they existed on January 1, 1901.

In their correct position, the office of sheriff stands as a buffer and protection for the Australian public from any excesses, abuses, treasons, breaches of trust or other injuries perpetrated in the name of the Crown, by courts or officials.

The People’s Police Force

It is reasonable to argue that sheriffs, by virtue of their specific requirement to answer to the Crown in upholding the Crown’s Promise of justice and right to the Australian public, are a police force for the people.

Any action that attacks justice for Australian men and women must be opposed by the sheriffs, as their duty to maintain the King’s justice, the administration of law, and the King’s peace.

By holding joint responsibility, for the Crown’s justice, law and peace, and also to exercise outputs of Australian courts, sheriffs are in the unique place to protect members of the Australian public from any aberrations of the court.

True Courts

Courts in Australia exist under the provisions of Chapter III of the Australian Constitution. Australian courts operate under “royal prerogative” binding them to uphold Magna Carta and all the Crown’s promises.  We know, however, that courts throughout English history have erred from their responsibility to uphold and protect justice and right.

When any court in Australia similarly errs in its judgment, producing an output that denies a member of the Australian public their promised justice and right, sheriffs are uniquely placed to refuse to enforce those court orders, warrants, writs and the like.

It is the responsibility of the sheriff to uphold its responsibility to the Crown, including the Crown’s Promises and the Crown’s Trust with Australians, rather than the outputs of the court.

If a court order or warrant has been produced without proper judicial process or in any way that attacks the law, or the rights and justice of individuals, then the sheriff is duty bound to disregard the products of the court.

Corporatisation of the Sheriff

In today’s world most government functions are compromised by being converted into corporations.  Government statutes also seek to redefine the roles of various public officials.

It is therefore important to recognise the significance of January 1 1901 as a defining moment in Australia, sealing the place of the Crown in Australian civil society and the rights of Australians placed in trust with the Crown at that time.

Any government statute or corporatisation of public offices must not change the role of the Crown or impinge upon the rights and freedoms of Australians as they existed on January 1 1901.

The justice and right promised to members of the Australian public by the Crown, protected for them by the function of the office of sheriff in civil society, cannot be modified by governments changing or limiting the role of the sheriff.

Note that sheriffs are appointed by the Crown and answer directly to Crown authority.  Governments and courts in Australia do not hold as high an office under the Crown as sheriffs do.

Thus sheriffs are compelled by the provisions of Magna Carta and the defining moment of the Australian Constitution to serve the Crown by upholding the Crown Promise in Magna Carta and the Crown’s Trust with the Australian public established on January 1, 1901.

Place of the Crown

As an appointee of the Crown, sheriffs have a broader civil responsibility to protect the Crown’s place in civil society.

In Australia the entire civil society is “under the Crown of the United Kingdom of Great Britain and Ireland”.  All parliaments, courts and public offices are “under the Crown”.  Thus they are each under the Crown’s Promise that “We” will not sell, deny or defer justice or right.

In Australia the entire civil society is under the oath of allegiance.  This has double significance.  The Australian Constitution requires that public officials make oath to the monarch.  But further than this, the very monarch is under oath through the Coronation.

The Coronation oath, summarised in the terms “under God so help me God” binds the monarch to uphold the ancient law of God given in the Holy Bible, and to rely upon the grace of God to enable them to do so.  Thus Australia is completely under the Crown, and thus under Almighty God as named in the Australian Constitution and the monarch’s Coronation Oath.

If the place of the Crown in Australia is compromised, rejected, denied or otherwise damaged, it is the responsibility of the sheriff, above all others, to defend and uphold the Crown in the land.

The only mechanism that can alter the Australian Constitution whatsoever, and therefore modify the place of the Crown in Australian society, is a referendum majority in all states, as prescribed in the Australian Constitution.

The Crown Rejected

Several states of Australia have already expressed breach of allegiance toward the Crown.  They commonly do so by removing the oath of allegiance prescribed by the Australian Constitution and the role of the Governor General.

Western Australia and Victoria have removed reference to the Crown and the prescribed oath of allegiance from various state laws.  New South Wales has significantly changed the role of the Governor General.

These and other actions by various state governments constitute “breach of allegiance” to the Crown. Breach of allegiance is the crime of Treason.

These actions also constitute abuse of the Australian public, by officials presuming to change the Australian Constitution without gaining the authority of the Australian public to do so.

While political leaders and the courts turn a blind eye to these processes, and in Victoria the former Attorney General, Robert Hulls, removed the legal mechanism to prosecute Treason in that state, it falls to the office of sheriff in each state to take action to defend the Crown and those who are beneficiaries of the Crown’s Promise.

Personal Notes

I have now been personally evicted from my home by sheriffs in Victoria.

The warrant issued by the Supreme Court of Victoria was issued without the matter ever being heard before the court. Summary Judgment was given in a process that denied me my lawful claims. No jury trial was given. Common law was trampled.

I have personally challenged the sheriffs and called them to account for their oath of office. Yet the Victorian sheriffs have shown themselves to be corporate employees, doing what the courts demand, rather than fulfilling their true responsibility under the Crown.

On both occasions of eviction sheriffs trampled on my land and through my home in trespass, acting as if they have a supreme right to do as they please, despite the deficiencies of the judicial process and my protests of injustice.

Thus it is interesting to note that sheriffs are not permitted to trespass and that the chief sheriff is accountable when sheriffs officers make trespass.

“When the sheriff’s underlings commit tortious acts in the course of their employment, the sheriff is responsible, e.g., trespassing in a man’s house.”

Outlines of Constitutional Law – Dalzell Chalmers and Cyril Asquith – 1922  p199/200

Note that the crime of trespass was identified against the sheriff in 1922, significantly later than January 1 1901.  The sheriff has no lawful right to trespass on my land or in my home, yet they have done so on two occasions.

It is imperative that the rule of law and the lawful duties of the sheriff be reclaimed, before even more abuse of Australians takes place by those who are bound to protect and uphold justice and right, not to destroy or trample those things.

Discussion Paper

I write these notes to illuminate this vital matter and I encourage you to make your own investigation and to send copies of this document to all those in office, especially sheriffs officers.

Australia belongs to the people, not to the politicians, those in uniforms or corporate entities.  Only we the people can truly direct this great land into its future.  Do not abandon your privilege, or others will steal justice and right from you and enslave you and your children.

Tags: australian constitution, crown promise, crown trust, justice and right, magna carta, office of sheriff, sheriff