The Crown in each of the Commonwealth realms is a similar but separate legal concept.
To distinguish the institution's role in one jurisdiction from its place in another, Commonwealth law employs the expression the Crown in Right of [place];
for example, the Crown in Right of the United Kingdom, the Crown in Right of Canada, the Crown in Right of the Commonwealth of Australia, etc. [which are all in fact registered corporations.] Follow this journey - all the way to the Vatican -
Because both Canada and Australia are federations, there are also crowns in right of each Canadian province and each Australian state; there is the Crown in Right of the Province of British Columbia and Crown in Right of Victoria. The Crown's
powers are exercised - whether by the monarch or by any of his or her representatives - on the advice of the appropriate local ministers, legislature, or judges, none of which may advise the Crown on any matter pertinent to another of the Crown's jurisdictions.
1.1 Crown Dependencies
The British Crown (the Crown in Right of the United Kingdom) has a relationship with each of the Crown Dependencies, defined differently in each.
In Jersey, statements by the Law Officers of the Crown define the Crown's operation in that jurisdiction as the Crown in right of Jersey, with all Crown land in the Bailiwick of Jersey belonging to the Crown in right of Jersey and not to the Crown Estate of the United Kingdom.
The Succession to the Crown (Jersey) Law 2013 defined the Crown, for the purposes of implementing the Perth Agreement in Jersey law, as the Crown in right of the Bailiwick of Jersey.
Legislation in the Isle of Man also defines the Crown in right of the Isle of Man as being separate from the Crown in right of the United Kingdom.
In Guernsey, legislation refers to the Crown in right of the Bailiwick, and the Law Officers of the Crown of Guernsey submitted that "the Crown in this context ordinarily means the Crown in right of the république of the Bailiwick of Guernsey" and that this comprises "the collective governmental and civic institutions,
established by and under the authority of the Monarch, for the governance of these Islands, including the States of Guernsey and legislatures in the other Islands, the Royal Court and other courts, the Lieutenant Governor, Parish authorities, and the Crown acting in and through the Privy Council." This constitutional concept is also worded as the Crown in right of the Bailiwick of Guernsey.
1.2 In The Courts
In criminal proceedings, the prosecuting party is the Crown; generally speaking, this is indicated by having Rex (for a male monarch) or Regina (for a female one) versus the defendant as the standard for naming criminal trials, typically abbreviated R; for example, a criminal case against Smith might be R v Smith, said "the Crown against Smith".
In Scotland, criminal prosecutions are undertaken by the Lord Advocate (or the relevant Procurator Fiscal) in the name of the Crown. Accordingly, the abbreviation HMA is used in the High Court of Justiciary for "His/Her Majesty's Advocate" in place of Rex or Regina, as in HMA v Al Megrahi and Fahima.
In Australia, R is used in the title of criminal trial judgments and The Queen in criminal appeal judgments (i.e., The case name at trial would be R v Smith, if appealed the case name would be Smith v The Queen). Judges usually refer to the prosecuting party as simply 'the prosecution' (only rarely is The Crown used in the text, and never R) in the text of their opinion. In civil cases where the Crown is a party, it is a customary courtesy to list the appropriate government Minister as the party instead.
In New Zealand court reporting, news reports will refer to the prosecuting lawyer (often called a Crown prosecutor, as in Canada and the United Kingdom) as representing the Crown, usages such as "For the Crown, Joe Bloggs argued..." being common.
The official vehicle of the Governor General of new Zealand in 2010, a Jaguar XJ8. During official travel it is the only vehicle in the country not required to use registration plates.
This practice of using the seat of sovereignty as the injured party is analogous with criminal cases in the United States, where the format is "the People" or "the Statev. [defendant]" (e.g., People of the State of New York v. LaValle or Commonwealth of Pennsylvania v. Brady) under the doctrine of popular sovereignty. In Federal criminal cases, it is "United States v.[defendant]," as in United States v. Nixon.
The Crown can also be a plaintiff or defendant in civil actions to which the government of the Commonwealth realm in question is a party. Such Crown proceedings are often subject to specific rules and limitations, such as the enforcement of judgments against the Crown.
1.3 Who Or What Constitutes The "Crown"
The "modern" world of so-called Western Civilisation began at the end of the 17th century with the blossoming of the British Empire. The underpinnings of that empire actually began several hundred years earlier with the establishment of the City of London, which is now an 800-year old corporation that controls finance and philosophy for an entity called the Crown.
This entity is the creator and controller of the Bank of England and the US Federal Reserve. They also control the World Bank, the IMF and associated cartels. The crown identity is kept most secret. The Crown/Bank of England assumed control of the United States during the Roosevelt administration (1901-1909) when its agent J.P. Morgan took over 25% of American business.
It is not widely known that the famous cartoon banker of the 'Monopoly' board game was basedm upon John Peirpont "J.P." Morgan himself.
The Crown has never been the King or Queen of England since the establishment of this corporate body. The Crown is the directorate of the corporation. The island of Britain is a financial oligarchy run by the "Crown" which refers to the "City of London," not the Queen.
The City is run by the Bank of England, a "private" corporation.
The City is a sovereign state located in the heart of greater London. It became a sovereign state in 1694 when King William the third of Orange privatised and turned the Bank of England over to the banksters. Considered the "Vatican of the financial world," the City is not subject to British law.
It has its own courts, its own laws, its own flag and its own police force, separate from the metropolitan. City (crown/corporation) police drive red police cars and their uniforms are slightly different from the Metropolitan Police.
It houses the privatised Bank of England, Lloyds of London, the London stock exchange, all British banks, the branch offices of 385 foreign banks and 70 US banks as well as Fleet Street's newspaper and publishing monopolies. It is also the headquarters for British Freemasonry.
The city of London has its own lord mayor who represents the crown - her name is Fiona Woolf- the head of the Corporation of London.
Catherne Fiona Woolfe CBE, a British Lawyer is the 686th Lord Mayor of The City of London for 2013-2014
It has a council of 12 members who rule the corporation under the lord mayor. The lord mayor and her 12 member council serve as proxies or representatives who sit-in for some of the worlds wealthiest, most powerful banking families.
The Queen has to walk behind the [previous] lord mayor as he leads her into his city.
When the Queen wishes to conduct business within the City, she is met by the Lord Mayor at Temple Bar where she requests permission to enter this private, sovereign state.
She then proceeds into the City walking several paces behind the Mayor.
Her entourage may not be clothed in anything other than service uniforms. The Queen bows to the Mayor only in the city.
Outside of the city of London the Mayor bows to her.
The City of London is the only part of Britain over which parliament has no authority.
In one respect at least the Corporation acts as the superior body: it imposes on the House of Commons a figure called the remembrancer: an official lobbyist who sits behind the Speaker's chair and ensures that, whatever our elected representatives might think, the City's rights and privileges are protected.
In 1886, Andrew Carnegie wrote that, "six or seven men can plunge the nation into war without consulting Parliament at all."
Vincent Vickers, a director of the Bank of England from 1910-1919, blamed the Corporation/City for the wars of the world.
The British Empire was an extension of bankers' financial interests. Indeed, all the colonies were "Crown Colonies." They belonged to the City and were not subject to British law although Englishmen were expected to conquer and pay for them.
Western colonisation is widely taught in school history courses, so it need not be repeated here.
One key aspect of the colonial period is generally omitted or skimmed over from the more basic history courses.
This is the fact that all the Crown colonies were established on a corporate model with financial ties to the City of London - not the nation of England or Britain. The island of Britain is a Crown colony, the City of London is not.
The directorate of the Crown, whoever they were, had no loyalty to any nation - they were, and are, devoted entirely to their philosophy which seeks absolute power over an earthly realm.
For more than 250 years, the servants of the Crown brought untold wealth back from the colonies to the British Isles - for themselves: the population of the United Kingdom (English, Scottish, Irish, Welsh peoples) received very little wealth even though they provided the tax base and cannon fodder.
The British East India Trading Company / East India Company - One of the oldest and most diabolically rapacious corporations on Earth
The people were invaluable assets of the Crown, but they knew not what they served - and still don't. (None are more hopelessly enslaved than those who believe they are free).
Historian Jeffrey Steinberg could be referring to the US, Canada and Australia when he writes:
"England, Scotland, Wales, and Northern Ireland, are today little more than slave plantations and social engineering laboratories, serving the needs of the Crown/City of London. According to the "American Almanac," the crown bankers are part of a network with an estimated $10 trillion in assets. It lords over such corporate giants as Royal Dutch Shell, Imperial Chemical Industries, Lloyds of London, Unilever, Lonrho, Rio Tinto Zinc, and Anglo American DeBeers.
It dominates the world supply of petroleum, gold, diamonds, and many other vital raw materials. The Crown/City of London dominates the world's speculative markets. A tightly interlocking group of corporations, involved in raw materials extraction, finance, insurance, transportation, and food production, controls the lion's share of the world market, and exerts virtual "choke point'' control over world industry."
If one wants to know the genuine motives for particular actions in history they are told to "follow the money." But that is only half of it - one must also follow the philosophy - the religious beliefs of those in control.
For purposes of clarity, let the Crown always refer to a stealthy circle of power brokers who all believe in the Masonic philosophy - the brotherhood of man ruled by philosopher kings(or adepts) in league with the God of Masonry. One need only wade through the cumbersome histories of Masonry and also read Albert Pike's Morals and Dogma to see precisely that this power-philosophy encompasses virtually all the religious notions ever conjured up by man.
Ordinary members of Masonic lodges are to these adepts and their goals what the people of the Western civilizations are to the directors of the Crown - useful fools. This secretive cabal is represented by the dominant political, economic and cultural institutions across the world. Western society has been subverted and western culture is bankrupt. Democracy is a form of social control and the mass media and education are forms of indoctrination.
Ultimately The Crown is the Vatican - as detailed in the following article.
1.4 The Bank of England
The Bank of England was created in 1694 by a Scotsman William Paterson who famously said:
‘The bank hath benefit of interest on all moneys which it creates out of nothing.’
Up until 1946 when it was nationalised the Bank of England was a private run bank that lent money it created out of nothing to the English government and was paid back with interest.
A famous story related to the bank and the Rothschilds is the Battle of Waterloo in which Nathan Rothschild used his inside knowledge of the outcome to play the market by selling his English bonds and giving the impression that the French had won therefore causing a rush by other brokers to sell quickly which drove the price down to 5% of their original worth. Once the bottom had dropped out the market he then re-bought as much as he could and in doing so he multiplied his wealth twenty times in 3 days of trading.
The Rothachild family invented the concept of the 'courier'. Their agents were fast moving and brought to them the most relevant and highly pertinent news of the day. It is not suprising that they own such related [and controlled] news delivery services entities such as Reuters and FedEx to this day
At the same time of being immensely wealthy he also became the single largest debtor to the English government which ultimately gave him control over the Bank of England.
English bonds were a debt guaranteed by future tax revenue of the English government; therefore the taxes the citizens paid were going to pay the 8% interest that the English government had to pay to borrow the money. As Nathan now controlled the majority of the English bonds, he could determine the price and therefore the supply of the English currency which gave him great power over the countries finances.
"I care not what puppet is placed on the throne of England to rule the Empire. The man who controls Britain's money supply controls the British Empire and I control the British money supply."
– Nathan Rothschild
The bank of England was nationalised in 1946, but because the government was broke after the second world war, they had no money to buy out the shareholders so instead they were issued with government stocks, and although the government now earned money from the profits, they had to pay interest on any new stock they issued to pay for the shares.
In 1977, the Bank set up a wholly owned subsidiary called Bank Of England Nominees Limited, a private limited company with 2 of its 100 £1 shares issued. The objectives of the company are:
"To act as Nominee or agent or attorney either solely or jointly with others, for any person or persons, partnership, company, corporation, government, state, organisation, sovereign, province, authority, or public body, or any group or association of them…."
This company is very special as its protected by the official secrets act, its Royal Charter status and is exempt from the normal disclosure requirements that other companies have to comply with to meet section 27 of the Companies Act 1976. The reason being is that the major players in the world of finance including the Queen of England and other Royal families use this company to purchase shares and remain anonymous.
However even though (on the surface at least) the Bank of England is now state owned its important to note that up to 97% of the UK's money supply is privately controlled being in the form of interest bearing loans created by the big commercial banks. The bank holds very little government stock and the Bank's profits primarily come from the issuing of coins and notes for use by high street banks.
Therefore it seems the Bank of England has reduced in size and importance over the years and is now mainly a regulatory body that oversees the existing banking system. Referred to as "the lender of last resort" one of its main functions as the bankers bank is to support banks that get into difficulty such as during the recent financial melt down.
Further interest on this subject can be found in:
The book: The Empire Of The City
The documentary: The Ring Of Power
The documentary: The Corporation
In the USA today, nearly every U.S. court is controlled by the Crown Temple, a corporation controlled by the Vatican. This is why there is always a Crown agent in the courtroom during a trial. Any country that has Crown agents running its legal system is controlled by the Vatican / Rome to a large degree.
This means that the United States, Canada, United Kingdom, Australia, New Zealand, and “countries” that are operating under the Western legal system are all Roman “colonies”.
The Vatican is a religious corporation run by religious leaders who are loyal to the Roman Empire. In other words, Rome still rules the world! It rules the world through the Crown of England, the Roman Catholic Church and the Vatican.
They did not call it the ROMAN Catholic Church for no reason. It is right in your face and hidden in plain sight!
According to an article published by BBC.com, there are an estimated 1.2 billion Roman Catholics in the world. This means that the Vatican/Rome has about 1.2 billion “citizens”, or more accurately slaves.
Because nearly every Christian church is controlled by the Vatican to a certain degree, the Vatican/Rome has more than 1.2 billion slaves to exploit and sell. Do you innerstand now why Rome still rules the world?
The Crown is Owned and Operated by the Roman Cult, and Has Been Since 1213
The Definitive Treaty of Peace of 1783 says that King George was the Arch Treasurer and Prince Elector of the Holy Roman Empire and the United States of America.
This video goes through how the Roman Cult orchestrated the slave trade, then the War of Independence, then the War of 1812, then the Civil War, then WW1, WW2, and now they are building up to WW3 [which will not take place].
All warfare is commerce, and all commerce is warfare. All fictitious entities operate under Roman Law.
The Top Of The Pyramid: The Rothschilds, The Vatican And The British Crown Rule World March 17 2016 | From: HumansAreFree
There are two operant Crowns in England, one being Queen Elizabeth II. Although extremely wealthy, the Queen functions largely in a ceremonial capacity and serves to deflect attention away from the other Crown, who issues her marching orders through their control of the English Parliament.
AThis other Crown is comprised of a committee of 12 banks headed by the Bank of England (House of Rothschild). They rule the world from the 677-acre, independent sovereign state know as The City of London, or simply 'The City.'
The City is referred to as the wealthiest square mile on earth and is presided over by a Lord Mayor who is appointed annually.
When the Queen wishes to conduct business within the City, she is met by the Lord Mayor at Temple (Templar) Bar where she requests permission to enter this private, sovereign state. She then proceeds into the City walking several paces behind the Mayor.
Her entourage may not be clothed in anything other than service uniforms.
In the nineteenth century, 90% of the world's trade was carried by British ships controlled by the Crown. The other 10% of ships had to pay commissions to the Crown simply for the privilege of using the world's oceans.
The Crown reaped billions in profits while operating under the protection of the British armed forces. This was not British commerce or British wealth, but the Crown's commerce and the Crown's wealth.
As of 1850, author Frederic Morton estimated the Rothschild fortune to be in excess of $10 billion (today, the combined wealth of the banking dynasties is estimated at around $500 trillion).
"I care not what puppet is placed upon the throne of England to rule the Empire on which the sun never sets.
The man who controls Britain's money supply controls the British Empire, and I control the British money supply.
- Nathan Rothschild
Today, the bonded indebtedness of the world is held by the Crown.
The aforementioned Temple Bar is the juristic arm of the Crown and holds an exclusive monopoly on global legal fraud through their Bar Association franchises. The Temple Bar is comprised of four Inns of Court.
They are: the Middle Temple, Inner Temple, Lincoln's Inn and Gray's Inn. The entry point to these closed secret societies is only to be found when one is called to their Bar.
The Bar attorneys in the United States owe their allegiance and pledge their oaths to the Crown. All Bar Associations throughout the world are signatories and franchises to the International Bar Association located at the Inns of Court of the Crown Temple.
The Inner Temple holds the legal system franchise by license that bleeds Canada and Great Britain white, while the Middle Temple has license to steal from America.
To have the Declaration of Independence recognized internationally, Middle Templar King George III agreed in the Treaty of Paris of 1783 to establish the legal Crown entity of the incorporated United States, referred to internally as the Crown Temple States (Colonies). States spelled with a capital letter 'S,' denotes a legal entity of the Crown.
At least five Templar Bar Attorneys under solemn oath to the Crown, signed the American Declaration of Independence. This means that both parties were agents of the Crown.
There is no lawful effect when a party signs as both the first and second parties. The Declaration was simply an internal memo circulating among private members of the Crown.
Most Americans believe that they own their own land, but they have merely purchased real estate by contract. Upon fulfillment of the contract, control of the land is transferred by Warranty Deed.
The Warranty Deed is only a 'color of title.' Color of Title is a semblance or appearance of title, but not title in fact or in law. The Warranty Deed cannot stand against the Land Patent.
The Crown was granted Land Patents in North America by the King of England. Colonials rebelled at the usurious Crown taxes, and thus the Declaration of Independence was created to pacify the populace.
Another ruse used to hoodwink natural persons is by enfranchisement. Those cards in your wallet bearing your name spelled in all capital letters means that you have been enfranchised and have the status of a corporation.
A 'juristic personality' has been created, and you have entered into multi-variant agreements that place you in an equity relationship with the Crown.
These invisible contracts include, birth certificates, citizenship records, employment agreements, driver's licenses and bank accounts. It is perhaps helpful to note here that contracts do not now, nor have they ever had to be stated in writing in order to be enforceable by American judges. If it is written down, it is merely a written statement of the contract.
Tax protestors and (the coming) draft resistors trying to renounce the parts of these contracts that they now disagree with will not profit by resorting to tort law (fairness) arguments as justification. Judges will reject these lines of defense as they have no bearing on contract law jurisprudence. Tort law governs grievances where no contract law is in effect.
These private agreements/contracts that bind us will always overrule the broad general clauses of the Constitution and Bill of Rights (the Constitution being essentially a renamed enactment of English common law). The Bill of Rights is viewed by the Crown as a 'bill of benefits,' conferred on us by them in anticipation of reciprocity (taxes).
Protestors and resistors will also lose their cases by boasting of citizenship status. Citizenship is another equity agreement that we have with the Crown. And this is the very juristic contract that Federal judges will use to incarcerate them.
In the words of former Supreme Court Justice Felix Frankfurter,"Equity is brutal, but we are merely enforcing agreements."
"The balance of Title 42, section 1981 of the Civil Rights Code states," citizens shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind"
What we view as citizenship, the Crown views as a juristic enrichment instrumentality. It also should be borne in mind that even cursory circulation or commercial use of Federal Reserve Notes effects an attachment of liability for the payment of the Crown's debt to the FED. This is measured by your taxable income.
And to facilitate future asset-stripping, the end of the 14th amendment includes a state of debt hypothecation of the United States, wherein all enfranchised persons (that's you) can be held personally liable for the Crown's debt.
The Crown views our participation in these contracts of commercial equity as being voluntary and that any gain accrued is taxable, as the gain wouldn't have been possible were in not for the Crown.
They view the system of interstate banks as their own property. Any profit or gain experienced by anyone with a bank account (or loan, mortgage or credit card) carries with it - as an operation of law - the identical same full force and effect as if the Crown had created the gain.
Bank accounts fall outside the umbrella of Fourth Amendment protection because a commercial contract is in effect and the Bill of Rights cannot be held to interfere with the execution of commercial contracts. The Crown also views bank account records as their own private property, pursuant to the bank contract that each of us signed and that none of us ever read.
The rare individual who actually reads the bank contract will find that they agreed to be bound by Title 26 and under section 7202 agreed not to disseminate any fraudulent tax advice. This written contract with the Crown also acknowledges that bank notes are taxable instruments of commerce.
When we initially opened a bank account, another juristic personality was created. It is this personality (income and assets) that IRS agents are excising back to the Crown through taxation.
A lot of ink is being spilled currently over Social Security.
Possession of a Social Security Number is known in the Crown's lex as 'conclusive evidence' of our having accepted federal commercial benefits. This is another example of an equity relationship with the Crown.
Presenting one's Social Security Number to an employer seals our status as taxpayers, and gives rise to liability for a reciprocal quid pro quo payment of taxes to the Crown.
Through the Social Security Number we are accepting future retirement endowment benefits. Social Security is a strange animal. If you die, your spouse gets nothing, but rather, what would have gone to you is divided (forfeited) among other premium payers who haven't died yet.
But the Crown views failure to reciprocate in any of these equity attachments as an act of defilement and will proceed against us with all due prejudice.
For a person to escape the tentacles of the Crown octopus, a thoroughgoing study of American jurisprudence is required. One would have to be deemed a 'stranger to the public trust,' forfeit all enfranchisement benefits and close all bank accounts, among other things.
Citizenship would have to be made null and forfeit and the status of 'denizen' enacted. If there are any persons extant who have passed through this fire, I would certainly appreciate hearing from them.
The USA is, and always has been, a huge corporation ruled from abroad. Its initial name was the Virginia Company and it is owned by the British Crown and the Vatican, who receive their yearly share of the profits.
The US presidents are appointed CEO's (they are not elected by us!), and their allegiance is to the "board of directors," not to the American citizens. We are seen as employees of the company and voting is designed as a distraction meant to offer us the illusion that we have a say in all this.
"In 1606 [King] James set up the Virginia Company which was granted Royal authority to begin settlements in the province of Virginia, named after Elizabeth I, who had been popularly called the Virgin Queen. The Union Jack first flew on American soil at Jamestown in Virginia as a permanent fixture in the spring of 1607...
"The early members of the Virginia Company were aristocrats who supported the Church of England and the Royalist cause. They included Lord Southampton, the Earl of Pembroke, the Earl of Montgomery, the Earl of Salisbury, the Earl of Northampton, and Sir Francis Bacon...
"As chancellor of England, Bacon was able to persuade the king to issue the charters which enabled the new colonies to proliferate in the new world...
"The Virginia Company members who actually settled in America included several members of the Bacon family, and friends of his who were initiates of the Rosy Cross."
"The House of Burgesses was formed in Jamestown in 1619. It was the first representative legislative body in the American Colonies. The House passed measures designed to help the company prosper.
But a serious Indian uprising in Jamestown in 1622 caused the adventurers to lose what little interest they had left. In 1623, King James decided that the company was being managed poorly. He took over the association in 1624 and dissolved the company."
"Its shareholders were Londoners, and it was distinguished from the Plymouth Company, which was chartered at the same time and composed largely of men from Plymouth."
"In 1619 the company established continental America’s first true legislature, the General Assembly, which was organized bicamerally. It consisted of the governor and his council, named by the company in England, and the House of Burgesses, made up of two burgesses from each of the four boroughs and seven plantations."
"...The court ruled against the Virginia Company, which was then dissolved, with the result that Virginia was transformed into a royal colony."
"But the biggest problem that the so-called "elite families" have; is that many of their own offspring, the siblings withing the bloodlines; have had enough. Many have been put through so much for so long that they are working against the overarching directive.
They detest what they were born into. And they want out.
The sick and twisted luciferian (too weak to even own up to acknowledging that they are satanic) rituals continue to be exposed; what has been taking place in London with Saville et al, in Australia with the Kidmans - it will all continue to come out."
"This means that all the rights which applied to the owners of the Virginia Company to the gold, silver, minerals and duties, mined and paid in America, still apply to the British families who own the United States of America and the lands of the united states of America.
"Those same percentages have been paid since ‘independence’ and are still being paid by the American people via their federal officials who are, in fact, officials of the Virginia Company - yes, including the President.
"...But here’s yet another twist. Who owns the assets apparently owned by the Virginia Company? Answer: the Vatican."
"After the original 13 (again!) American colonies won their ‘independence’ and an ‘independent’ country was formed after 1783, the Virginia Company simply changed its name to... the United States of America.
"You see there are two USAs, or rather a USA and a usA. The united states of America with a lower case ‘u’ and ‘s’ are the lands of the various states. These lands, as we have seen, are still owned by the British Crown as the head of the old Virginia Company, although there is something to add about this in a moment.
"Then there is the United States of America, capital ‘U’ and ‘S’, which is the 68 square miles of land west of the Potomac River on which is built the federal capital, Washington DC and the District of Columbia. It also includes the US protectorates of Guam and Puerto Rico.
"The United States of America is not a country, it is a corporation owned by the same Brotherhood reptilian bloodlines who owned the Virginia Company, because the USA is the Virginia Company!"
"In 1604, a group of leading politicians, businessmen, merchants, manufacturers and bankers, met in Greenwich, then in the English county of Kent, and formed a corporation called the Virginia Company in anticipation of the imminent influx of white Europeans, mostly British at first, into the North American continent.
"Its main stockholder was the reptilian, King James I, and the original charter for the company was completed by April 10th 1606. This and later updates to the charter established the following:
"...The Virginia Company comprised of two branches, the London Company and the Plymouth or New England Company...The ‘Pilgrims’ of American historical myth were, in fact, members of the second Virginia Company branch called the New England Company. The Pilgrim Society is still a major elite grouping within the Illuminati..
"The Virginia Company owned most of the land of what we now call the USA, and any lands up to 900 miles offshore. This included Bermuda and most of what is now known as the Caribbean Islands.
"The Virginia Company (the British Crown and the bloodline families) had rights to 50%, yes 50%, of the ore of all gold and silver mined on its lands, plus percentages of other minerals and raw materials, and 5% of all profits from other ventures.
"These rights, the charters detailed, were to be passed on to all heirs of the owners of the Virginia Company and therefore continue to apply... forever!
"The controlling members of the Virginia Company who were to enjoy these rights became known as the Treasurer and Company of Adventurers and Planters of the City of London.
"After the first 21 years from the formation of the Virginia Company, all ‘duties, imposts, and excises’ paid on trading activities in the colonies had to be paid directly to the British Crown through the Crown treasurer...
"The lands of the Virginia Company were granted to the colonies under a Deed of Trust (on lease) and therefore they could not claim ownership of the land...
"The monarch, through his Council for the Colonies, insisted that members of the colonies impose the Christian religion on all the people, including the Native Americans...
"The criminal courts on the lands of the Virginia Company were to be operated under Admiralty Law, the law of the sea, and the civil courts under common law, the law of the land... Now, get this. All of the above still applies today!"
England, Canada, Australia, New Zealand and many other countries are led politically by “Prime Ministers” to the Queen. In fact she is the official head of 123 commonwealth countries. America, Russia, and other countries, however, have a “President” and “Vice-President.”
Usually corporations have Presidents and Vice-Presidents. What does this mean? The US Presidents rule from the “White House.” The Russian Presidents also rule from the White House. The Jesuits, a large force behind the Illuminati, have their own White House as well. England is ruled from “Whitehall.”
"The United States government is being ruled from the ‘White House,’ the government of England is being ruled from what is called ‘Whitehall,’ and Whitehall, like our White House, is the symbol of power because the hall is like the Masonic hall, the lodge hall, the union hall.”
"For those who think America controls the roost it would do well to consider that the Queen of England is still the official head of Commonwealth (123 countries) and the official monarch of Australia and Canada along with the United Kingdom... add to that the fact that all Bush Sr. got for his two terms as president of USA is a mere knighthood of the British Empire."
The original 13 colonies were actually called companies. Military units are also called companies. We sing patriotic songs like “the Star-Spangled Banner” but a banner is a corporate advertisement, not a flag.
You surrender with a white flag, no colors. When you get mad you show your true colors. If you just won independence in a bloody revolution with Britain would you choose the same three colors for your new US flag?
Why does “every heart ring true for the red, white, and blue?” What about the gold-fringed flag used by the military, hung at all courts, schools, and government buildings? It all has to do with the British Maritime Admiralty Law of Flags.
Barack Obama is the current CEO of the USA Corporation and the gold-fringed flags in the background stand for "ruled from abroad."
"This is also known as British Maritime (military) Law and this is why the American flag always has a gold fringe when displayed in the courts of the United States. You find the same in government buildings and federally funded schools.
"The gold fringe is a legal symbol indicating that the court is sitting under British Maritime Law and the Uniform Commercial Code - military and merchant law not common or constitutional law, under the Admiralty Law of Flags, the flag displayed gives notice of the law under which the ship (in this case the court) is regulated.
"Anyone entering that ship (court) accepts by doing so that they are submitting to the law indicated by that flag. Judges refuse to replace the flag with one without a fringe when asked by defendants who know the score because that changes the law under which the court is sitting.
"If you appear in a court with a gold fringed flag your constitutional rights are suspended and you are being tried under British Maritime (military /merchant) Law.”
International Maritime Admiralty law, the law of the high seas, began in Sumeria, was perfected in Rome and continues to this day. Jordan Maxwell has explained that the way we trade commerce today is modeled after the Masons’/Templar Knights’ 1,000 year old system.
Notice how regardless of whether you send a product by air, water, or land - you “ship” it. The ship pulls into its “berth” and ties to the “dock.” The Captain has to provide the port authorities with a “certificate of manifest” declaring the products he has brought.
Through a legal loophole the royals have created, US citizens are considered property of the queen under British Maritime law. Since we are born of our mother’s water, from her “birth canal,” we are thereby a maritime product, a “shipped” commodity. Our mothers were delivering a product under maritime law and that’s why we are born in a “delivery room.”
That’s why the “doc” signs your “berth” certificate, your “certificate of manifest.” You’re kept in the Maternity “Ward.” Why a ward? No other hospital areas are called wards. Prisons have wards and wardens.
The United States Corporation came about just after the civil war. The Act of 1871 was passed by congress creating a separate form of government for DC, essentially turning it into a corporation.
It was decided that employees would be called “citizens.” So when you say in court or on paper, that you are a citizen of the United States, you are not a free American, but an employee of US Inc.
When you get a fine, a ticket, a bill, or get sued, you must sign in all capital letters. When you die your Masonic tombstone by law will have all capital letters to show their employee has died.
The entity that is your name in all caps is your maritime admiralty product code. Upper and lower case legally represents you, your body.
"The Uniform Commercial Code was approved by the American Bar Association, which is a franchise, a subordinate branch, of the British legal system and its hierarchy based in London's Temple Bar (named after the Illuminati Knights Templar secret society).
As I have been writing for many years, the power that controls America is based in Britain and Europe because that is where the power is located that owns the United States Corporation. By the way, if you think it is strange that a court on dry land could be administered under Maritime Law, look at US Code, Title 18 B 7.
It says that Admiralty Jurisdiction is applicable in the following locations: (1) the high seas; (2) any American ship; (3) any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the state.
In other words, mainland America. All this is founded on Roman law because the Illuminati have been playing this same game throughout the centuries wherever they have gone. The major politicians know that this is how things are and so do the government administrators, judges, lawyers and insider 'journalists'.
Those who realize what is happening and ask the court for the name of the true creditor or recipients of the fines imposed by the 'legal system' are always refused this information by the judge.
The true creditors in such cases, and the ultimate recipient of the fines, are the bankers to which the corporation 'country' is bankrupt.”
Lawyers or “barristers” have to take the Bar Association “bar” exam just as alcoholics go to the “bar,” sugar-junkies eat candy “bars,” and gamblers hope to get 3 “bars” on the slot machine. These all derive from the Templar’s turn of the 13th century “Temple Bar” in England.
Originally the Temple Bar was literally just a bar or chain between two posts next to the Temple law courts. This soon became a huge stone gate and there were eventually eight of these gates built so the elites could restrict / control trade within the city of London.
They were taken down during 19th century, but then each stone was numbered and kept in storage until 2004 when they just re-built the Temple Bar in London.
"The United States corporation was created behind the screen of a 'Federal Government' when, after the manufactured 'victory' in the American War of 'Independence', the British colonies exchanged overt dictatorship from London with the far more effective covert dictatorship that has been in place ever since.
In effect, the Virginia Company, the corporation headed by the British Crown that controlled the 'former' colonies, simply changed its name to the United States and other related pseudonyms.
These include the US, USA, United States of America, Washington DC, District of Columbia, Federal Government and 'Feds'. The United States Corporation is based in the District of Columbia and the current president of the corporation is a man called George W. Bush.
He is not the president of the people or the country as they are led to believe, that's just the smokescreen. This means that Bush launched a 'war on terrorism' on behalf of a private corporation to further the goals of that corporation.
It had nothing to do with' America' or 'Americans' because these are very different legal entities. It is the United States Corporation that owns the United States military and everything else that comes under the term 'federal'.
This includes the Federal Reserve, the 'central bank' of the United States, which is, in reality, a private bank owned by controlling stockholders (and controllers of the US Corporation) that are not even American. This is the bank from which the United States Corporation borrows 'money'.”
"If you notice on the bottom of your birth certificate it says Department of Commerce. It is a property of the Department of Commerce because you are nothing more than a piece of commercial material. That’s why if you’re out of work you don’t go to the unemployment office, you go to the Office of Human Resources, because you’re just a human resource.”
The Judge sits on the bench for the bank. Banks are on both sides of a river. A river bank directs the flow of the current/sea - the currency, the cash flow. The current-sea is “deposited” from bank to bank down the river.
We’re just “consumers” to advertise to, just “human resources” to be used up like batteries, and they are the “social engineers,” molding us “useless eaters” into wage slavery.
My personal research and information gathered over the years shows indisputable evidence that he is not only embedded and indoctrinated into "The Club Of Rome", the Cabal and Illuminati but he has been personally involved in:
10. The sale of these farms to his Cabalist buddies fleeing here under the guise of the Syrian refugee crisis by relaxing immigration laws
11. The ability for foreign corporations to sponsor Charter Schools which allows them to invest millions in land purchases
12. Keys coalition alliances with NATO and the USA now being exposed as funders of all terror organizations including ISIS, AL QAEADA, ISIL, IS, DAESH, BOKO HARUN, THE MUSLIM BROTHERHOOD, , AL NUSRA FRONT making him guilty of Treason and violates every section of The NZ Terrorism Suppression Act 2007
This is the intention of this Cabal owned govt and every Cabinet Minister, Labour Party hierarchy, even certain members of 3rd and 4th tier political parties such as Jesuit trained Green Party leader, Russel Norman, a self confessed Communist to Winston Peters, an Oxford University trained and indoctrinated Rhodes Scholar.
The Occult Definition Of Convict And The Hidden Role Of Judges January 10 2016 | From: OmniThought
The word convict is often used in the legal system to identify people who have been found “guilty” of a crime and is serving a sentence in prison.
What most people do not know about the word convict is that there is a deeper meaning to this word.
Its deeper meaning is used by the Dark Forces and their minions to mock people who were in prison or are serving a sentence in prison. After reading this article, you will know the occult definition of convict and why the legal system likes to use this word to mock convicts.
The overt definition of convict is “a person proved or declared guilty of an offense.” This definition only defines the word convict at the surface level. To find the deeper meaning of the word convict, you need to split the word into two words “con-vict” and switch them around. When you do this, the words become “vict-con”.
The Occult Definition of Convict
The prefix “vict” comes from the Latin root word vict, meaning “conquer.” It is related to the root word vinc. This is where we get the word victim from. The definition of victim is “a person who is deceived or cheated, as by his or her own emotions or ignorance, by the dishonesty of others, or by some impersonal agency” or “a person or animal sacrificed or regarded as sacrificed”.
To connect the dots, a “con-vict” or “vict-con” is a victim of a con who has been conquered and deceived due to his or her ignorance. This is the covert or occult definition of convict. So, what is the con? The con is the legal system. Convicts are victims of the con known as the legal system.
The legal system is a fraud because it is based on presumption and is run by a bunch of criminals that are using it to con people to pay them money, and therefore it is a con system. Most people who are in prison are in prison because they have been conned by the legal system. The legal system mocks them by calling them convicts. Are you starting to see the big picture here?
Judges are religious priests that have a strong connection to the Jesuits. Their hidden role is to charge you with something, so that you can be used as a battery to charge the corporations (corpses or dead entities) of the Dark Forces (groups of demons) and their New World Order. For strong evidence of this, read my empowering article titled The Esoteric Definition of Battery.
Did you know the word corporation (corp-o-ration) has the word corpse in it, and therefore its hidden definition is “a dead body“. The word corporation can also be written as corp. Phonetically, the root word corp sounds similar to the word corpse, which is defined as “a dead body, usually of a human being.”
Do you still need more evidence? According to Black’s Law Dictionary 6th Edition, a corporation is “an artificial person or legal entity created by or under the authority of the laws of a state.” An artificial person is considered a dead entity, because it does not exist in the real world.
Have you ever wondered why judges wear black robes? The black robe uniform is the symbol representing a “Jesuit” priest that worships the god Saturn. During the ancient times, Saturn was associated with the god of law and justice. Today, many secret societies still worship Saturn as the god of law and justice.
According to Jordan Maxwell, the symbol that was used in the religious context for Saturn was the square and its symbolic color was black. This is why judges wear a black robe. It is their way of showing respect to Saturn, the god of law and justice. Whether judges realize it or not, they are religious priests who have been brainwashed by the Dark Forces to cast dark magic spells on people when they are in court.
The legal system is saturated with dark magic. This is why the letter that the court used to notify you to appear in court is called a summons letter. What do witches do when they need to call spirits to appear in front of them? They summon them!
They did not call it a summons letter by accident. A lot of court documents also have seals on them. These seals are sigils that are used for real magic rituals. Be aware that magic can be used for good or evil purposes.
Did You Know Bar Attorneys are Templar Agents?
As for attorneys, especially Bar attorneys, they are Templar agents. These agents are committing crimes in the USA, Canada, Australia, New , New Zealand, and other certain countries under the guise and color of law. Bar attorneys work for the same secret organizations (the Crown of England and the Crown Temple) that tried to enslave the American people in the 1700s.
These two secret organizations were heavily involved in the killing of Americans during the American War of Independence. Today, the Crown of England and the Crown Temple still have the same dark agendas.
Unfortunately, they have already taken over the court and political system of the USA over 100 years ago. These two secret organizations are controlled by the Vatican, which is the religious center for the Dark Forces.
People who work for the legal system are unknowingly or knowingly abetting FRAUD. This system is run by a bunch of CRIMINALS working for the CROWN OF ENGLAND, the CROWN TEMPLE, and the VATICAN. Because of this, nearly all judges and Bar attorneys are traitors to the human race.
However, there are some judges and attorneys who are working for the legal system, because they want to learn how it really works, so that they can expose the corruption in the legal system and teach others how to prevent it from enslaving the human race. To find good solutions to a problem, you need to be aware of it and know how it works.
The Staggering, Eye-Opening History Of Britain’s Monarchy And Its Colonies
& Why 'The Crown' Is Being Dismantled
+ Keys To Implementing Common Law Courts In 'Comonwealth' Countries
Kevin Annett shared this with regard to Canada’s current steps to sever remaining ties to the Crown, and urges the other colonies to do the same because the British Monarchy is a sham and must be abolished to return us all to sovereign beings and nations.
He says, “our colleagues in England, South Africa, Australia and New Zealand must take precisely the same step.”
Kevin’s history lesson is certainly one that never found its way into MY classes at school.
Fascinating, and good to know that we are systematically taking the air out of the corrupt government and justice system across the board in favour of Common Law—the only REAL Law of the Land. ~ BP
King Charles Stuart
FROM KEVIN ANNETT Republic of Kanata Background Paper No. 1 -
The Basis for the Republic of Kanata and of England:
The History and Lawfulness of the Abolition of the “Crown” – A Brief Survey of Constitutional and Legal Precedents, and Applying them to our Work Today.
The Commons of England assembled in Parliament declare that the people under God are the origin of all just power … and have the supreme authority of the nation. Whatsoever is enacted and declared law by the Commons alone has the force of law, and all the people are included thereby, with or without the consent of the king.
- An Act to Establish the High Court of Justice, House of Commons, London, January 4, 1649
It has been found by experience that the office of a monarch in this nation holding such power in any single person is unnecessary, burdensome, and dangerous to the liberty, safety, and public interest of the people … Be it therefore an Act ordained by the present Parliament, that the office of a king or other monarch in this nation shall not henceforth reside in or be exercised by any one single person and that monarchy be dispensed with in its entirety, as the chief threat to the people’s well being.
- An Act Abolishing the Office of King, House of Commons, London, March 17, 1649
For it is clear both by scripture and the laws of England that monarchs are anathema to divine law. Kings are of man’s creation, not God’s, and therefore they stand under judgement and the common law.
- John Cooke, public prosecutor of King Charles 1 (from “Monarchy: No Creature of God’s Making, Waterford, 1651)
Let the Chosen be joyful in glory; let the high Judgements of the Lord be in their mouths, and God’s sword be in their hands, to execute justice against the rulers, and to bind their kings in chains, and their nobles with fetters of iron, so that they may execute upon them the judgement that is from God. This is the honour given to God’s Chosen. (Psalm 149:5-9)
- Cited in the Judgement of the High Court’s trial of Charles Stuart, 1649
On January 30, 1649, the King of England, Charles Stuart, was executed in London after being lawfully convicted by a Parliamentary High Court of Justice for treason and conducting a war against the laws and people of England.
Weeks later, on March 17, 1649, the English Crown, including the Monarchy and the House of Lords, was legally and forever abolished and constitutionally prohibited in England. It was declared a treasonable act to attempt to re-establish monarchy and proclaim anyone King or Queen.
Eleven years later, this defunct royal power was reimposed on England and its colonies, fraudulently and illegally, by a military coup of Charles Stuart, son of the deposed King.
The new regime that “restored” the monarchy was an illegal and de facto power, unlawfully created as an act of war against the laws of Parliament and the will of the people. Thus, every British monarch since 1660 has ruled illegally and unconstitutionally.
For three and a half centuries, we have lived in the shadow of that imposed tyranny and its fraudulent and unlawful authority. In reality, the English Crown has no just or operable power, and never has had, since its legal abolition in the spring of 1649.
The aim of any patriot and adherent of the common law in England, Canada or any so-called "commonwealth” nation is to reclaim the lawful authority established by the Parliamentary Republic in England in 1649, and unseat the de facto corporate fiction known as the “crown of England” and its propaganda arm, the church of England and its master in Rome.
It is not only lawful and right to stand on the Republican constitution and laws of the original Commonwealth, but it is the requirement of God’s law that monarchy, like papacy, be abolished. The rule of one man or woman is antithetical to God’s authority, to natural law and the requirements of liberty, as enunciated in the First Commandment: “Thou shall have no other gods (authorities) before me” (1).
Monarchy, whether secular or religious, is idolatry, for it places one ruler, whether king or pope, as co-equal with God, beyond law or judgement. And when such a solitary ruler has also been found guilty of crimes against the people, their continued reign becomes intolerable.
In 1649, Charles I of England was lawfully convicted of waging a treasonous war against his own people.
Elizabeth II of England has similarly been lawfully convicted of committing treason against her people and her coronation oath, and of participating personally in crimes against humanity.
Accordingly, on February 25, 2013, Elizabeth Windsor was deposed from her office and ordered arrested by a lawful common law court of justice convened under the laws of England.
Because of this recent verdict, there exists no legal authority in Canada, England, or any Commonwealth nation. The laws of the “crown” are inoperative today, as are the oaths of allegiance taken to the Crown by every politician, judge, police officer and soldier in these nations.
Therefore, in the absence of any authority, the opportunity has been created to re-establish the lawful and sovereign Republic constituted by the People in Parliament in 1649, whose laws have never lost their authority.
Despite this, out of fear or ignorance, many people raised under the fiction known as the “crown” still hesitate from seizing back their own power as sovereign men and women from the mistaken belief that the “crown” still is lawful and legitimate.
The first task of any common law Republican movement is to educate the people through word and deed of their own God given natural liberty, and unite them in a new nation of equals.
This process has begun, through the rise of a common law movement to re-establish the rule of law and trial by jury in Canada, England, New Zealand and Australia.
But common law courts now being formed in these countries lack a constitutional basis and thus, ultimate legitimacy, operating as they are in the present political vacuum of a discredited “crown” law that has not been replaced with a Republican constitution and nation.
And so to attempt to create common law courts without the overarching political authority to do so is to place the cart before the horse by setting up courts that have no constitutional authority, and whose judgements can therefore be considered invalid.
It is for this reason that the efforts today to create common law courts in Canada, England, South Africa, Australia and New Zealand must be accompanied by a similar movement to establish, and re-establish, a constitutional Republic in these lands. For without such legitimating power behind the courts, one cannot honesty answer the question:
"Where do you get the authority to convene common law courts?”
In a nutshell, that authority derives from a Constitution established by free men and women gathered as equal sovereigns under God and the natural law: not under de facto rulers. This principle runs throughout centuries of common law verdicts in England, in which authority rests in the people gathered as “the Commons”, meaning within free political assemblies such as Parliament.
The Parliamentary Act establishing the High Court Act of January 4, 1649 stated:
“the King can not challenge the legitimacy of a court established solely by the Commons … for henceforth, monarchs may not preside over government according to divine ordainment or sovereign immunity.”
In short, as of that date, the people were under to be the source of law, not kings or rulers:
"The Commons of England assembled in Parliament declare that the people under God are the origin of all just power … and have the supreme authority of the nation. Whatsoever is enacted and declared law by the Commons alone has the force of law … with or without the consent of the king.”
Applying this to today, no common law court we establish can be declared illegitimate by the “crown” as long as such courts rest on a Constitution ratified by the Commons: by the people in sovereign assembly. And it is such an Assembly that is gathering, in Canada, on October 27 in Winnipeg, to frame a new Constitution and Nation. And our colleagues in England, South Africa, Australia and New Zealand must take precisely the same step.
Future papers will discuss why the “Restoration” of the monarchy in England was fraudulent and invalid, and established a de facto government that has no operating or lawful authority, either then or now. Common law and Republican activists must be armed with this knowledge to re-educate the people once more in liberty, and fortify their efforts to actively reclaim the law and the land for a sovereign nation.
Issued 20 July, 2014 by The Provisional Council for the Republic of Kanata
(1) In Hebrew, the commandment’s even broader condemnation of all rival authorities is clear, as it reads, “Never will there be opposing rulers (eloyhim) over me.” Eloyhim refers not to a single god, but to a collective authority: any group of rulers or magistrates. The First Commandment specifically prohibits any higher authority than God and the divine law: all other authorities are below God, and subject to God’s law.Sources: The Tyrannicide Brief by Geoffrey Robertson (London, 2005); Constitutional Documents of the Puritan Revolution (Cambridge, 1906); Cromwell: Our Chief of Men (Antonia Fraser, 1972)
2.0 Who Or What Is THE CROWN? By John Hardon
Jewish Banishment And The "City" Of London
[ Not from the Author: It should be pointed out here that Judaism and Zionism are not the same thing. Judaism is a religion. Zionisim is an incredibly dangerous global political satanic cult. By no means are all Jewish people Zionists and by equal measure, not all Zionists are Jewish. Zionists often hide behind Judiasm as cover, throwing chant's of "anti-semitism" as weapons. ]
Anyone thinking very logically and simply would simply ask one question: Why have Jews been banished from so many different countries and cultures over the centuries? By Peoples who have never had the opportunity to conspire against them because of vast distances between the countries who have banished them, yet all of these people have, at different times throughout history, felt it necessary to do just that for no reason?
All of these cultures have just some racial hatred of Jews? There’s no logic in it. The only common denominator which permeates throughout these banishments is that of money and usury.
Henk Ruyssenaars’ article on July 10th 2006 drew attention to the book “Descent into Slavery” by Des Griffin in which the real meaning of the term “City of London” is explained. The following is an excerpt from that article.
‘To the majority of people the words “Crown” and “City” in reference to London refer to the Queen or the capital of England.
This is not the truth. The “City” is in fact a privately owned Corporation – or Sovereign State – occupying an irregular rectangle of 677 acres and located right in the heart of the 610 square mile ‘Greater London’ area.
Post WWII recosnstuction map from the Corporation of the City of London
The population of ‘The City’ is listed at just over four thousand, whereas the population of ‘Greater London’ (32 boroughs) is approximately seven and a half million.
“The Crown” is a committee of twelve to fourteen men who rule the independent sovereign state known as London or ‘The City.’
‘The City’ is not part of England. It is not subject to the Sovereign. It is not under the rule of the British parliament. Like the Vatican in Rome, it is a separate, Independent state. “The City”, which is often called “the wealthiest square mile on earth,” is ruled over by a Lord Mayor.
Here are grouped together Britain’s great financial and commercial institutions: Wealthy banks, dominated by the privately-owned Rothschild controlled Bank of England, Lloyd’s of London, the London Stock Exchange, and the offices of most of the leading international trading concerns. Here, also, is located Fleet Street, the heart and core of the newspaper and publishing worlds.
2.1 Are You A Man, Woman Or A PERSON?
It would seem that many folk seem to realise what a “person” or strawman is within the legal framework, yet fail to realise that the same implication of the legal fiction term ‘person’ exists in many legal words.
So I hope this may help somewhat. If you live and breathe you are a man or woman and not, and never
can be, a legal ‘PERSON’, ‘CITIZEN’, ‘SUBJECT’, ‘INDIVIDUAL’, ‘TAXPAYER’, ‘MR’, ‘MRS’,‘SIR’, ‘MISS’, ‘RESIDENT’, ‘MEMBER OF THE PUBLIC’, ‘VOTER’, or the like, within the ‘public’,‘legal’, and ‘corporate’ arena. ‘Public’ is pertaining to the ‘State’ (Blacks Law 5th), and private is pertaining to the man or woman.
If in your thoughts, language or paperwork you classify yourself as any of the above, then you are firmly stuck in the matrix of the illusion.
Forget worrying about whether as a man or woman you fit into a classification status box with such legalese terms as, ‘natural person’ etc. But keep in mind that when dealing with any ‘public’ entity, you are dealing with legal, NOT ‘private’ lawful, and the definitions within the legal framework will always refer to artificial entities, a/k/a legal fictions.
A man or woman is commonly known within the layman law community as foreign (Black’s Law 5th Edition, “Foreign” - belonging or attached to another jurisdiction; non-resident person, corporation, executor) to the public (legal/political) and therefore in the public arena.
Theoretically in the legal system, a real sentient man or woman does not appear and cannot be seen in the public. This is why, when addressing a public entity on a private document, it is commonly practiced by the layman law folk, to refer to the private side first and then doing business as, i.e. Gordon Brown, d/b/a First Lord of the Treasury, and Prime Minister. Don’t refer to them as Mr Gordon Brown or Prime Minister Gordon Brown, as you would then be going straight to the public side (legal title and fiction). If you do, you cannot have a meeting of the minds and a private agreement with an artificial entity and legal fiction.
Please be aware that Mr, Mrs, Miss and Sir can all be considered legal appellations and therefore point straight towards a legal Title, which signifies legal ownership and therefore fiction. Folks can get very drawn into the name that appears on documents from a public entity, and some believe that if it isn’t in CAPITALS or doesn’t have Mr or Mrs, etc, preceding the name, then it must be directed at the man/woman. It is easier to be aware that any and all presentations coming from the public are always directed at the fiction and artificial entity – remember a man/woman cannot be seen by the public.
Some folk still consider themselves as a ‘Taxpayer’. Yet look on any Tax related paperwork and what name do you see? The legal fiction! And where does the paperwork originate? The public! So a taxpayer is a ‘Member of the Public’ and therefore an artificial entity and legal fiction – a man/woman is not a taxpayer.
A ‘Resident’ signifies an entity that is residing within something. For instance, the property you may be sitting in whilst reading this article will have a legal title and therefore the legal ownership will be within the UNITED KINGDOM (UK); mind you, ultimately, if you keep on going down the rabbit hole maybe even the Vatican appears?
Men and women are not part of or within the legal fiction, UK, and therefore a man or woman is not a resident of the UK, only an artificial entity and legal fiction can be a resident of the UK. So, do NOT use the term ‘Resident’ or ‘Residence’ (Blacks Law 5th Edition, Resident, any ‘person’ who occupies a dwelling within the ‘State.’) on any private documents. Always use c/o address, omit the postcode or place between four-corners, i.e. [SW1A 2TL], and state, ‘Non Domestic without the UK’ – being that you are a man or woman you cannot be part of the UK Corporation.
Even the term ‘Individual’ means artificial entity and legal fiction within the legal framework (Blacks Law 5th Edition, Individual, denotes a single ‘person’ as distinguished from a group or class). The legal system is written to facilitate commerce, fictions, the use of fraud and deception and to create division and elitism. So the legal system is not written for the protection of men or women, but the protection of commerce.
Therefore every legal defined term is theirs, so let them use their legal definitions on themselves. The easiest way to overturn all legalese presumptions and assumptions on your documents is to add the following statement: “All words herein are as John: Doe defines them.”
Legal and Lawful are not the same thing! Lawful is based on Common Law of the Land and is where you agree NOT to harm another living man/woman, damage property or cause fraud in contracts, whereas Legal is giving your consent to follow Company Policies known as Statutes and ACTS,which are not true laws and are based upon Admiralty Maritime Law of the Sea. This is by contracting with said Corporations by answering to the Strawman or Person's name.
2.2 Everything Is About Contracts
It is an established fact that all people are operating contracts and doing so quite unconsciously on a daily basis. These contracts can be simple exchanges in a shop situation where two things of an agreed 'perceived' value are exchanged between two willing parties.
However, they can also be emotional contracts between spouses, or between family members or between friends, a man or women (living) via their strawman's name (dead) in contract with a Business (dead) or a Governmental Company (dead) which should better be understood as a Corporation because knowing that a Corporation CANNOT function lawfully or legally without a contract in place between the two parties, either verbal or written is very important.
But they never taught you that at school, I wonder why?
This is critical knowledge.It is one of the reasons that companies record phone conversations, orsend out forms with which to sign, they NEED your consent!
This may seem a little contradictory to the below text which seems to suggest that you can have a contract with a Corporation, so I will correct this shortcoming soon.
A statute is not a Law: It is Corporation's Policy, a ‘legislative rule of a society given the force of Law with the consent of the governed.’ (Blacks Law Dictionary). They assume, because we do not say otherwise, that we consent forming a contract.
Consent is an essential part of any contract for it to be legally or lawfully enforceable, a one sided or Unilateral contract where one side has deceived the other into performing or becoming liable through fraud or through not declaring all of the facts makes the contract null and void and unenforceable.
For ANY contract to be lawful, INCLUDING A CONTRACT BETWEEN YOURSELF AS PLAINTIFF OR DEFENDANT IN A COURT DE FACTO, it must comprise the following:
A) FULL DISCLOSURE by both parties. Neither party can later claim 'you should have known' if it was not specifically declared at the time of making the contract.
B) A CONSIDERATION offered by both parties, this being the subject of the exchange. It must be a sum of money, or an item of value. Both parties agree that their CONSIDERATION is worth (to them) the other party's CONSIDERATION.
C) LAWFUL TERMS & CONDITIONS for the contract, to which both parties agree.
D) 'Wet' SIGNATURES of both parties. This means hand-written SIGNATURES, as made by two human beings, not a Corporation to a Man/Woman.
Even though businesses and officials act as though there is a lawful contract in place, 99 times out of 100 these rules have not been followed. Standing on these 4 rules, requesting proofs, is the simplest way of stalemating just about every action that may be taken against you.
Google: Introduction to Business Law
2.3 Public and Private
Courts operate in the Public and only get involved when you have failed to resolve your problem over a contract privately.
2.4 Banks Lend You YOUR Money
"THERE IS NO MONEY. There is only credit which comes from our signature, i.e.: our authorisation for the public to access the credit of the estate". Did you agree to the Bank bailouts when the Government pledged YOUR's and your children's future earnings? No, neither did I. Did you know there is something you can do? Read on...
KNOW THIS: Corporations are Fictions and YOU ARE REAL. YOU have DOMINION over them, YOU ARE SOVEREIGN; you have control of the whole Earth!
They have to do what YOU SAY! This is the TRUTH. Read Genesis 1:26-31 and you have YOUR claim and inheritance right there! Don't believe the bible eh? Guess what? the bible is the legal world's foundation and rule book too and it holds your most powerful remedies imaginable, so if you can show that you have the highest claim on earth, then their fictional power and control which is based on 'Actors' and 'Charactors', has just evaporated!
Why wouldn't you want that? To truly understand this, get the ebook PDF "Whose World is it Anyway" by Mark Charles.
If you can understand this idea and have the balls to apply it, you can discharge Student Loans, Personal Loans, Overdrafts, Credit Card Accounts, Finance Companies, Traffic Offence Fines, Mortgages, TV License, Council Tax, ANYTHING, simply because money is an illusion, just a belief system (a Religion) and it's based TOTALLY on FRAUD! All the institutions you deal with, even Government are really Corporations with private shareholders who are pocketing the money and getting loans to run the country based on your future sweat! It's time to WAKE UP!
This is a proven method, thousands of people have released themselves from the burden of Debt, I have too. When I challenged 'Al' CapOne's bank about an alleged £14,048 debt, after a number of notices, they eventually made my Strawman a settlement offer for me to just pay them just £6,363 and they would consider the debt settled, why would they make such an Offer?! What would their shareholders think of such a discount?
The reason they did this is because, they never lent their own money in the first place, this is just a racket, do you now see?
When you ask the right questions of the banking institution and conditionally agree to pay on proof of their claim on you, ie: proof of a valid contract, full disclosure, wet-ink signatures from real people (not an image of a signature), a meeting of minds (impossible because a Bank has NO MIND), all essential elements to a valid lawful contract, their whole deception is revealed, their scam is uncovered and they can't even enforce anything through the courts because you have offered to pay (removing controversy) and they have failed to answer your notices and are in dishonour, you are then FREE! This banking scam is one of their greatest secrets, their absolute foundation of your slavery!
If you don't want to be free from this endless 9-5 grind of working for someone else and send most of your money to corporations who suck the life blood out of you and having little free time to yourself, then carry on what you are doing and don't read any further, but for those who want to know how this is happening, read on..
Watch the video Money as Debt then download this chapter from the superb book Blank of Ireland , read Mary Croft and Veronica Chapman's FREE ebooks in the files section and join the site www.getoutofdebtfree.org it will be the best value fiver you EVER spent!
Here's how the Loans Scam works (by Veronica Chapman of www.fmotl.com)
(And why you should NEVER feel sorry for Banks and so on. As simplified as I can make it, based on the work of Robert-Arthur: Menard, Mary-Elizabeth: Croft and to some extent Winston Shrout and Irene-Maus: Gravenhorst, and John R. Dempsey of Sovereign Trust. I've just tried to reduce it to absolute fundamentals)
1) Banks: They take deposits. These are held in trust for the depositor. They must, by law, always be prepared to return any and all deposits back to depositors on demand. That's the LAW. They would not be able to do that if they were ever to lend out any money on deposit to anyone requesting a loan. They cannot, therefore, lend or invest anything entrusted to them. So the question is: Where do they get the money from, in order to loan it to you?
2) Loan Companies, Credit Card Companies, Building Societies: They don't take deposit money anyway (I'm talking about the 'older version' of Building Societies before they became banks. I'm referring to the way they would just issue mortgages. Their 'banking' activities are controlled as in (1), above). So the question is: Where do they get the money from, in order to loan it to you as a mortgage? Leave that question pending for a moment.
3) What is a cheque? Paper, printing ink, somewhere you can hand-write a Payee, and Amount (in numbers and words), a Date, and somewhere to write your signature.
4) What is a Loan Application/Agreement? Paper, printing ink, somewhere a Payee will be written (the name of the Loan Company), somewhere for an Amount (in numbers and words), a Date, and somewhere to write your signature. Do you see any similarity between (3) & (4)?
A Loan Agreement is a cheque. (Cheques can be written on anything ... even toilet paper ... provided it contains the essential information so as to enable correct clearance processing) You send off the Loan Agreement to the Loan Company ... and they CASH YOUR CHEQUE! They cash it with an organisation that has the power to issue 'money' for that purpose (for example the Treasury, or the Bank of England, etc) NOW THEY HAVE THE MONEY, IN CASH, TO LEND TO YOU! Simple. Wasn't it?
But wait! Sure, they provided the 'service' of converting your cheque into funds within an account you can drawn upon (write other cheques against, use a Credit Card against, etc). And they could do that because they knew how to do that. And yes, that was a service. And yes, they should be paid a fee for that service.
But wait again! What is their 'fee'? Their 'servicing fee'? Oh, only THE ENTIRE AMOUNT OF YOUR ORIGINAL CHEQUE, PLUS INTEREST! That's all they ask for, in order to provide the original service!
How to do they ensure they collect this 'service fee'. By giving you a Payment Book! And they make sure they cream off the INTEREST, before applying the remainder as PAYMENT. In fact they even cajole you into never-ending INTEREST by specifying a minimum payment equal to the INTEREST they want. (Knowing full well you'll often opt for that, thereby allowing them to roll the whole thing on endlessly)
Now let's view this another way....
If you write a cheque for £100, and send it to someone else (the Payee), and they cash it - DO YOU EXPECT THE BANK TO DEDUCT ANOTHER £100 PLUS INTEREST - FOR ITSELF - AS WELL?
No? You don't when you write a cheque you 'see' as a cheque do you? Well, then, why should they do that just because you can't 'see' a Loan Agreement as the cheque it actually is?
Money is created when you sign a piece of paper agreeing to pay, and that's the only way money is ever created. Your 'promise to pay' creates money. Yours, and everyone else's. So what should happen, then?
What should happen is that you write out a cheque - promising to pay - and send it to the Treasury yourself. They would then 'cash' it (in the same way they do that for a Bank), by updating an account with the amount you specified, from which you can draw funds as you need them.
That's it. Your 'promise to pay' stands until the end of time. That's all money is. A 'promise to pay', which stands until the end of time. All money. "All thee bits of it". Check out a Banknote. What does it say? "I promise to pay the Bearer on demand the sum of so-many-pounds". And signed by the Governor of the Bank of England (in the UK). A banknote is a Promissory Note - just like a cheque or Loan Agreement or any other IOU. An IOU that stands until the end of time. What should a Bank do? It should simply accept the 'cash' from the Treasury, and operate the account for you. And claim a reasonable - SMALL - fee for providing you with this convenience. If you agree to some of your funds being invested, the bank should deduct their fees as commission, and not bother you with any other 'charges' at all.
THIS IS WHERE WE NEED TO GET TO. To be able to convert your SIGNATURE directly, without any Bank or Loan Company intervening. And now for something completely different... When you sent them your cheque (aka Loan Agreement) and they cashed it, they could have just walked away with your money. If they'd done that, you wouldn't have known any difference. They could have just written to you and said "Sorry, we didn't approve this loan, after all".
You would have been miffed at not getting the loan but, on the other hand, slightly relieved you didn't have the payments hanging over you, believing that the whole thing was 'dead'. Dead? They were 'up' by the amount of the loan! And you were empty-handed! And you had given them that amount! Dead? I should cocoa!
No. They are greedy. They want INTEREST, never-ending INTEREST. They positively hate it when you pay off a loan. Have you noticed? Try getting a loan, and then paying it back immediately. TRY IT.
No. They can lend you your own money, and then claim it back PLUS INTEREST, if they don't just walk away. That's why they don't just walk away.
Every loan taken out generates money for them. Generated by your payments back. That's where banks (etc.) get their money from. All they need to do is to make as sure as possible you've fallen for this SCAM sufficient times in the past, so as to be pretty sure you'll fall for it again.
If you 'default' on payments, they had already been paid in full right at the start. They took the risk with it. Exactly the same risk as when they invest anywhere. If prices go down, they simply lose, write off the experience, and try elsewhere. Do they send bailiffs if 'prices go down'? Err ... no.
They 'involve' themselves when (as explained above) they have no need to be. The risks of doing so are, therefore, entirely theirs, and consequently there is absolutely no need to feel sorry for them. YOU, on the other hand, don't owe anything to anyone. What you did was to 'make some money' - and then spend it the way you wanted to spend it.
And why not? 'Money was made' by you signing a cheque and thereby 'promising to pay'. I repeat, that's the only way 'money is ever made'. They were the ones who jammed their oar into that simple mechanism.
And now for something that gets really silly...
Mortgages. The method for obtaining the cash amount is the same as described above. But there is more to mortgages that meet the eye. (More, over and above, straight loans). Here a property, in the form of a dwelling, is being transferred from one owner to another (actually one keeper to another, not owner, but that's another subject).
Now, it is illegal to mortgage a property you don't own. The property is considered to be the security on the loan. How can you be providing 'security' when you don't - at that time - actually own the thing?
And, secondly, it is illegal to transfer a property/dwelling that has not yet been paid for. So ... what does this mean? You can't establish a loan, because you don't have any security to offer. Therefore you can't pay for it, because you can't get the loan money. (Err ... no. You can't offer you current home as security, because you are probably in the process of selling it!) And, since you can't pay for it, the Seller can't transfer it into your name.
But, on the other hand, people can and do establish mortgages, do buy homes, and do move house. How is this done? Well ... it happens by 'magic'. The Bank/Building Society uses 'magic'. Not really paranormal 'magic', of course ... more akin to fraud, in actual fact.
John Dempsey, of Sovereign Trust, explains in absolute detail how the Magic Bank operates. Sovereign Trust don't employ any form of magic/fraud. They do it honestly, openly, candidly, and all above board.
[ Note: We strongly suggest caution with the following examples. If you are willing to try the methods outlined in these examples we advise seeking local advice in your own country first [ if you are in New Zealand start at www.freemannz.net ]. The methods vary from country to country and often evolve over time. You need to undertake these actions with great care. In this writers own experience, while these methods are known and proven to work the reaction from financial institutions can be unpredictable. For example if a credit card debt is large enough, they may not take the easily dismissable debt collecion route. They may take you to court and try to bankrupt you. Be advised and take care ].
2.5 Example notice to your Loan Company:
Re-word notices as much as you can so they are a part of you. Always send recorded delivery and print out your receipts. They will try to distract you from these questions when they write to you, just stay on point and ask them again in Letter 2, after the second lot of 10 days you have them in a tacit agreement and in dishonour, because they were unable to prove your points in the allowed time, meaning they agree.
If you also combine this with Copyrighting your Trust's name, and including it in your notice with a fee schedule then you can charge them £3,000,000 per time they use your name, they really hate that! Because if it ever went to court you could present your bills, that is one reason they never do take you to court, anyway, it is they who are in dishonour, which means they can't take you to court. There are more
of these letter templates at www.getoutofdebtfree.org as well as Debt Collector letter templates, because often they pass the account on to a Debt Collector.
The funny thing is, they have no contract with you, they are 'meddling' and are 3rd party interlopers. You can write to them or just put a NO CONTRACT - RETURN TO SENDER sticker on their envelope window and send it right back! Voila!, they can do nothing without you believing that they are right.
Account Number: 1234 5678 1234 5678
DO NOT IGNORE THIS NOTICE
Notice to principal is notice to agent, notice to agent is notice to principal.
Dear Name, d.b.a CEO of Taking the Pee Bank PLC ... and all agents, officers, employees, contractors and interested parties, (find the CEO's name on google, address him in the private, doing business as MD of Taking the Pee Banking)
Please read the following Notice thoroughly and carefully before responding. It is a notice. It informs you.
It means what it says.
Thank you for your statement of 20th April, 2010. It has come to my attention that there may be deficiencies in any alleged contract between us. If that is the case, it brings into question the validity of your claim and any contract between us will be NULL and VOID. Therefore, I hereby give you notice that there is a question regarding the validity of any contract between us and you are in a condition of estoppel
with regard to your claims. I would be happy to settle any financial obligation I might lawfully owe, as soon as I have received the following documentation below In order to be satisfied that any such contractis valid:
1. Validation of the debt (the actual accounting and full statements for the life of the account);
2. Verification of your claim against me (a sworn affidavit or a hand signed bill);
3. A copy of a lawfully-binding contract between us, showing equal considerations from each party's own resources, and including evidence of intent to contract along with wet-ink signatures from a living man/woman, not an image of a signature made by a printer, which would be considered as fraud
4. Evidence of your loss.
Please note that I am asking for information that will prove the validity of any contract between us. Such validity must be established before any legislation concerning its content can be relevant. You are hereby notified that this is not a request under Section 78 of the Consumer Credit Act 1974 or any otherlegislation.
I hereby give you ten (10) days to reply to this notice from the date you receive this communication with a notice sent using recorded post and signed under full commercial liability and penalty of perjury, assuring and promising me that all of the replies and details given to the above requests are true, correct and complete and without deception, fraud or mischief.
Your failure to provide all of the aforementioned documentation in the manner described within ten (10) days from the date you receive this communication constitutes your agreement to the following terms:
1. That the debt did not exist in the first place; OR
2. It has already been paid in full; AND/OR
3. Any contract was voidable from the start. AND
4. That you accept liability for any damages I suffer as a result of your actions;
5. That any negative remarks made to a credit reference agency have been removed and that you will so inform me within ten (10) days from the date you receive this communication;
6. You abandon your claim and will pursue this matter no further.
Please be advised that I am keeping a written record of all correspondence in this regard and therefore do not consent to discuss this matter over the telephone. Any future communications must be written, otherwise you are hereby given notice that they will be ignored without dishonour on my part.
Any telephone calls regarding this matter, whether by an actual person, or a computerised system, or personal visits; will be deemed harassment and dealt with accordingly. Any previous acknowledgement by me of any alleged debt is hereby withdrawn as having been obtained under duress.
Please notice that the commonly accepted principles of good faith demand that if you have any reasonable objections to this Notice and Demand, that you immediately state any and all such objections and not harbour any hidden objections with which to surprise me later. Therefore it is my reasonable expectation that should you not offer any specific objections to any part of this Notice and Demand, sent to me by recorded delivery within ten (10) days from your receipt of same, that I may presume your agreement to the above terms.
I will presume silence to mean acquiescence in all these matters. This is not a complaint or a query and is not to be treated as one. This is not a request for a statement / agreement and is not to be treated as one.
Do not refer to me as (Mr / Mrs), which is a legal fiction and is not me [align to the right, because you ARE a creditor] Yours sincerely, without ill-will, frivolity or vexation and in honour,
By: (Christian Name in Blue Ink)
Agent, Executor, Beneficiery for MR JOHN DOE™ TRUST. Without Prejudice - Without Recourse - All Rights Reserved. Non-Assumpsit Errors & Omissions Excepted.
2.6 Example notice to your Loan Company
Re-word notices as much as you can so they are a part of you. Always send recorded delivery and print out your receipts. They will try to distract you from these questions when they write to you, just stay on point and ask them again in Letter 2, after the second lot of 10 days you have them in a tacit agreement and in dishonour, because they were unable to prove your points in the allowed time, meaning they agree.
If you also combine this with Copyrighting your Trust's name, and including it in your notice with a fee schedule then you can charge them £3,000,000 per time they use your name, they really hate that! Because if it ever went to court you could present your bills, that is one reason they never do take you to court, anyway, it is they who are in dishonour, which means they can't take you to court. There are more of these letter templates at www.getoutofdebtfree.org aswell as Debt Collector letter templates, because often they
pass the account on to a Debt Collector.
The funny thing is, they have no contract with you, they are 'meddling' and are 3rd party interlopers. You can write to them or just put a NO CONTRACT - RETURN TO SENDER sticker on their envelope window and send it right back! Voila!, they can do nothing without you believing that they are right.
Your 'Berth' Certificate is your Receipt as an investor, don't lose it!
Darren Deojee talks about Trust Law and holding public servants to account Read Wiki on Trust Law :
The word 'certificate' is the same as a receipt, for the most part. a stock certificate, for example, is simply a receipt for buying a share. it is your proof that a deposit was made into their trust, making you a holder of an interest in the trust. the trust in question is of course the government.
If you are a slave of the Crown, Yes I know people believe they are FREE but they are NOT, the Birth Certificate is your receipt for your enslavement BUT..... there is another secret that has been hidden in plain sight for a very long time. My land is claimed and under my coat of arms and flag as is the right of all peoples of this world. This is my nation and my embassy of which I am an Ambassador-at-large.
My choice is to be at peace with all my brethren on this planet, where ALL are equal under the laws of creation, our birthright absolute to claim. Once you know who you are and only then, will you be free to live your life in abundance with all? equally. As a freeman myself, this is by far the simplest and hence most effective explanation I’ve found, Lawful Rebellion, forget the longwinded NOUICOR's (Claims of Right), I've an unrebutted Affidavit that I failed in Court not the other way round, my ignorance cost me my home, with this info my Affidavit would've wiped the floor with them. Stand up, dust down and soldier on. Keep it simple stupid!
It appears that the biggest dis-info to be causing freemen problems, is the illusion of the Name (Legal Fiction), or 'Person' being where the battle is. This is not what matters, because what is happening is that there the name is a being used as a presumption of law, which usually stands unrebutted where you walk in as the Trustee in their eyes.
This is like the bait on the end of a fishing line, they throw the line out (could be any name) and see who takes the bait. So it's not the name/bait, it's who thinks they need to answer to that name as being responsible, which would make you the Trustee, and if you know anything about trust law, the Trustee is NOT who you are or would want to be. In fact, we are the Executor/Beneficiary of the last will and testament of God. So, the Justice, Police etc are Public Servants, THEY ARE THE TRUSTEES (Trustees are Slaves/Employees).
The important thing is we need to rebut the presumption which exists in law, by declaring yourself as the Executor /Beneficiary for the Trust, that makes the Justice the Trustee (actually, a PUBLIC TRUSTEE). They RELY on you never doing this, it is how they make their money from your ignorance of this fact, because that is the only other Role left, this is guaranteed to freak him/her out because it's 'game over' for them as far as the Constructive Trust case goes.
As soon as you establish the roles for YOU as Executor/Beneficiary and the Justice as Trustee, there is no place for Prosecution or the Clerk to Justice(Crown), because they have just lost their Beneficiary role in the Constructive Trust (Case)when your re-butted their presumption of you being the Trustee, please see the diagrams below for clarification.
Wiki on Trust Law [extract]
In common law legal systems, a trust is a relationship between three parties whereby property (real or personal, tangible or intangible) is transferred by one party to be held by another party for the benefit of a third party. A trust is created by a settlor (archaically known as the feoffor to uses), who transfers some or all of his property to a trustee (archaically known as the feoffee to uses), who holds that trust property (or trust corpus) for the benefit of the beneficiaries (archaically known as the cestui que use, or cestui que trust). The trustee has legal title to the trust property, but the beneficiaries have equitable title to the trust property (separation of control and ownership).
The trustee owes a fiduciary duty to the beneficiaries, who are the "beneficial" owners of the trust property. (Note: A trustee may be either a natural person, or an entity, and there may be a single trustee or multiple co-trustees. There may be a single beneficiary or multiple beneficiaries. The settlor may himself be a beneficiary.).
The trust is governed by the terms under which it was created. The terms of the trust are most usually written down in a trust instrument. The terms of the trust must specify what property is to be transferred into the trust, and who the beneficiaries will be of that trust. The trust is also governed by local law. The trustee is obliged to administer the trust in accordance with both the terms of the trust and the governing law. In the United States, the settlor is also called the trustor, grantor, donor or creator. In some other jurisdictions, the settlor may also be known as the founder.
Personal trust law developed in England at the time of the Crusades, during the 12th and 13th centuries. At the time, land ownership in England was based on the feudal system. When a landowner left England to fight in the Crusades, he needed someone to run his estate in his absence, often to pay and receive feudal dues. To achieve this, he would convey ownership of his lands to an acquaintance, on the understanding that the ownership would be conveyed back on his return. However, Crusaders would often return to find the legal owners' refusal to hand over the property.
Unfortunately for the Crusader, English law did not recognize his claim. As far as the courts were concerned, the land belonged to the trustee, who was under no obligation to return it. The Crusader had no legal claim. The disgruntled Crusader would then petition the king, who would refer the matter to his Lord Chancellor.
The Lord Chancellor could do what was "just" and "equitable", and had the power to decide a case according to his conscience. At this time, the principle of equity was born. The Lord Chancellor would consider it unjust that the legal owner could deny the claims of the Crusader (the "true" owner). Therefore, he would find in favor of the returning Crusader.
Over time, it became known that the Lord Chancellor's court (the Court of Chancery) would continually recognize the claim of a returning Crusader. The legal owner would hold the land for the benefit of the original owner, and would be compelled to convey it back to him when requested. The Crusader was the "beneficiary" and the friend the "trustee". The term use of land was coined, and in time developed into what we now know as a trust.
The trustee may be either a person or a legal entity such as a company. A trust may have one or multiple trustees. A trustee has many rights and responsibilities; these vary from trust to trust depending on the type of the trust. A trust generally will not fail solely for want of a trustee. A court may appoint a trustee, or in Ireland the trustee may be any administrator of a charity to which the trust is related. Trustees are usually appointed in the document (instrument) which creates the trust. A trustee may be held personally liable for certain problems which arise with the trust.
For example, if a trustee does not properly invest trust monies to expand the trust fund, he or she may be liable for the difference. There are two main types of trustees, professional and non-professional. Liability is different for the two types.
The trustees are the legal owners of the trust's property. The trustees administer the affairs attendant to the trust. The trust's affairs may include investing the assets of the trust, ensuring trust property is preserved and productive for the beneficiaries, accounting for and reporting periodically to the beneficiaries concerning all transactions associated with trust property, filing any required tax returns on
behalf of the trust, and other duties.
In some cases, the trustees must make decisions as to whether beneficiaries should receive trust assets for their benefit. The circumstances in which this discretionary authority is exercised by trustees is usually provided for under the terms of the trust instrument. The trustee's duty is to determine in the specific instance of a beneficiary request whether to provide any funds and in what manner.
By default, being a trustee is an unpaid job. In modern times trustees are often lawyers, bankers or other professionals who will not work for free. Therefore, often a trust document will state specifically that trustees are entitled to reasonable payment for their work.
The beneficiaries are beneficial (or equitable) owners of the trust property. Either immediately or eventually, the beneficiaries will receive income from the trust property, or they will receive the property itself. The extent of a beneficiary's interest depends on the wording of the trust document. One beneficiary may be entitled to income (for example, interest from a bank account), whereas another may be entitled to the entirety of the trust property when he attains the age of twenty-five years. The settlor has much discretion when creating the trust, subject to some limitations imposed by law.
Constructive Trust [This is what is presumed before a court case]
Unlike an express trust, a constructive trust is not created by an agreement between a settlor and the trustee. A constructive trust is imposed by the law as an "equitable remedy." This generally occurs due to some wrongdoing, where the wrongdoer has acquired legal title to some property and cannot in good conscience be allowed to benefit from it.
A constructive trust is, essentially, a legal fiction. For example, a court of equity recognizing a plaintiff's request for the equitable remedy of a constructive trust may decide that a constructive trust has been created and simply order the person holding the assets to deliver them to the person who rightfully should have them. The constructive trustee is not necessarily the person who is guilty of the wrongdoing, and in practice it is often a bank or similar organisation.
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