Minutes 09.11.2011
09.11.2011, 2pm @ Freedom Place (Martin Place)
I did not keep minutes as such for this workshop. Annaleise brought notes from her own research which she shared with a group of 8 people. I have taken pictures of each of the pages and I will post them here now:
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I did not keep minutes as such for this workshop. Annaleise brought notes from her own research which she shared with a group of 8 people. I have taken pictures of each of the pages and I will post them here now:
Minutes for 27-10-2011 Workshop
John Wilson speaks about Common Law and Sovereignty
27-10-2011
The following is notes taken on John’s talk to us, I kept up as much as I could and got most of the key points. If you have any questions please bring them up, put it as a comment and we can put it to John next time and also we can do our own research and bring it to the next discussion.
Attendees: 13
We start with what is common law?
Definitions:
Know the meanings of what you are saying before you open your mouth.
Common means people
Common Law – The law of the people by the people.
Common wealth – means the wealth that belongs to the people.
Common law is synonymous with democracy.
Greek: Demos – means people, cratos – means law.
Democracy is the law of the people.
Greek: Juris – law, Diction – Dictate
Jurisdiction – Superior law – Common Law – the people have sovereignty.
Lower level of law is called statute law, acts of parliament made by the statute or of the state by the state for the state.
This does not include people.
We are not under statute law. We are under common law.
They try and impose statute laws on us.
We are not under any authority but that of common law.
Common law is made by the unanimous judgments of jury s.
Courts are governments.
‘Government’ means to control.
The people are the government.
The people govern themselves.
If the people don’t know how to govern themselves then educate them – Thomas Jefferson.
We are only under our own law, we are only under common law.
Any dispute, we take to a court, because courts are government.
Sovereignty of people is imposed by judgments of jury.
The people control their servants. The parliaments are the servants of the people.
All through our charter of liberty, is the Magna Carta – learn to recite this excerpt from it – “No free man shall be taken or imprisoned, or exiled or outlawed, or dispossessed, or destroyed in any way, nor shall we pass over him nor send over him, unless by the lawful judgment of his equals which is the law of the land.”
The Magna Carta has laid down our rights and has laid down our rights forever. The Magna Carta cannot be overruled by any other law.
In Australia, these rights are being denied. We have the right to have a trial by jury. Only with a trial by jury can we exercise our rights and exercise our sovereignty.
Our right is to put things right, where it counts in the courts.
Trial by jury is trial by law.
Jury means law.
Trial by law via an oath.
A jury is 12 free man panel to administer justice.
No matter what the charge or the circumstance keep on coming back to that one singular passage in the Magna Carta.
The job of the police is to preserve the peace.
Q: What happens if I get a parking ticket?
You are the law, you are your own master. If you decide it is fair – you pay the fine, if you decide it is not – you don’t pay the parking ticket. Every court is a trial by jury.
You determine if you want trial by jury.
Every time you go to court you must have trial by jury.
A memorandum of consent must be signed by both sides to discard the right to have a trial by jury.
I am a free man, I am entitled to the lawful judgment of my equals for any offense.
A jury must be present in order for it to be a court.
If there is not jury, you can say, “I challenge the jurisdiction of the court.”
Q: What defines a jury?
12 is always held to be a sacred number. The jury is based on the number 12. 12 free men, your equals, competent in being what they are to do.
You are entitled to question every single prospective juror.
In this country, you are not even allowed to know the names of the jury now. They just have numbers.
You can only object to three maximum. Apart from that it’s open slabber.
The whole system has been corrupted.
Relate common law to what is going here…
This is a protest.
4 boxes of liberty – soap box (media), ammo box, ballot box (electing people into a parliament to make laws), Jury box.
(Impose your will in the court. You have to get the unanimous agreement of 12.)
Banks are putting in laws which are nothing but a license to steal.
No person is under a statute. They are under common law.
Grand jury – referendum – serious offences and mal-administration… as long as you have a majority that is what is required.
Offer an opinion.
Trial jury is where the power is.
Judges are not immune to prosecution. NO one is above the law.
1215 Magna carta
1296 confirmation of parliament to make it into an act of charters
1641 habeas cor eus
1627 petition of right,
1689 bill of rights
1828 Australian Courts Act
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Who is John Wilson?
Dentist by trade. Had a regular loan in the mid 80s.
84,000.
36,000 to be paid a year in two years and then still owed 96,000 dollars.
He said, ‘I can’t do that’
Researched contract law and common law.
Under common law their are 80 essential elements to create a contract.
When you have variable interest rates, there is no contract going, it is fraud.
Presented his proposals to two areas of parliament.
Everytime it got to the executives “motion not carried”.
Took an action in the supreme court.
Wanted severence – meaning: when you cut a bad part out of the contract to keep the contract going.
Took to the court of appeal.
Case was dismissed.
He realised the courts were concealing serious fraud.
He proceeded to prosecute 7 judges.
Then he put all these laws on the website for people to find easily so they didn’t have to search like he did (
http://www.rightsandwrong.com.au/
).
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Question: is there any australian case law that supports your assertions?
No, because they won’t allow it, they’ve shut the system down.
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Lay down the jurisdiction of the court.
If we get arrested, we will get a jury if we ask for it.
John has attempted to arrest judges when declaring an act of treason on the judge. Has been thrown out of many courts.
Stand on your rights and demand justice.
The definition of justice is the protection of rights.
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Q: When was the last major case when common law was enacted?
2 main cases
William penn 1670 – preaching quakerism – long trial – jury, not guilty – done nothing wrong, then the judge put the jury in the jail cells. Said, come back when you change the verdict. Would not budge. By the intervention of the king, – the jury have got the right to make up their decision, exerting their common law right, to make their judgement.
2nd Case – eureka stockade – miners had their meeting house, protest meeting – 1852 – governor sent his troops – gun battle – 30 miners shot dead – 6 troopers shot dead – most miners escaped, caught 13 miners – had 6, 7 jury trials.
They all said not guilty. Governor wanted them all hung. Peter law came out of hiding, elected into parliament.
There were landmarks of the power of the people.
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Q: Why should we give a shit about the magna carta etc?
Sir william blackstone – commentaries on the laws of england. Advocate of trial by jury. Trial by jury is the glory of english law. It is so important for the preservation of the nation. It is the only anchor that can hold a government to its constitution.
Trial by jury is the watchdog.
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Before trial by jury – the king could do what the fuck he liked (insertion by participant)..
Do research on magna carta. Foundation of our liberties our freedoms.
—
(Insertion by participant) Clearly it’s been contradicted… court may say, ‘no you don’t have the right for a trial by jury’.
In the Magna Carta it says, these rights are being guaranteed forever. They cannot be challenged, they cannot be overturned.
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Acts – interpretation act – even though an act is reappealed, it does not affect the rights in the right…
You cannot take a right away from the right.
—
Every individual case is different. If you can’t reach an agreement with the bloke whose done you wrong, then you go to a court… you go to a jury. The jury must decide what is the law, what are the facts. they judge the justice of the law, they
determine the moral intentions of the parties. They decide what is right and what is wrong. Their judgment is based entirely
according to their conscience. They can go against evidence.
That’s where right and wrong comes from, that’s what justice is.
Exercise the right up until the point it becomes a wrong.
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Judges swear to do ‘a right’. It all comes down to what is in conscience. Conscience is a consensus.
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Foreclosures are done illegally because the Magna Carta is the foundational law.
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We want to be in court. That’s where justice is administered. That’s where you exercise your right.
eg. You are given an infringement notice… you say good, I want to go to court.
“I’m here now, where’s the jury.”
Judge says, “No jury here, this is a summary offence
your consent is immaterial.” A slave is considered as immaterial..
They don’t recognize our sovereignty.
We have power as sovereignty.
1988 – local parliament was abolished.
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We’ve got to get in there and challenge and make it uncomfortable for them. We’ve got to show them that we know our power, we know our sovereignty.
The rule of law is to protect from oppressive goverment – look up – rule of law
To protect the people.
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When anyone is arrested without the lawful judge of a jury, it is totally unlawful.
They believe acts of parliament are sovereign.
Learn the Magna Carta and apply that to every situation.
I’m not under statutes. Statutes are created by the parliament.
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If we are denied trial by jury, we have a right to charge them with treason.
They are our servants. They have no jurisdiction unless we consent.
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Every word is meaningful. Know the meaning of the words. Do you understand = are you under my authority? Do you sub mit? Do you under me be?
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My Comment: what if 200 people got infringement notices and then we all demanded our right to a trial by jury under the Magna Carta?
That would be perfect. That’s what we want. Occupy the courts. Demand justice. Demand the courts operate lawfully again.
Demand trial by jury, if you are denied say, I challenge the jurisdiction of the court.
Australia has a bill of rights. – look up – Constitutional Enactments, Constitutional Laws 25th july 1828 – came into NSW on this date.
Sovereignty lies with the people. The judges don’t have the power to rule over us. I am the power, I am the people. I am Sovereign.
Unless the court receives consent from both parties, it has no right to have a trial without jury – Hals Burys – Laws of Australia.
The jury have sovereignty.
Recommended reading material – Chapter 23 – Commentaries on the Laws of England by Sir William Blackstone.
A jurisdiction of the court is determined by a jury. A jury is determined by a jury.
1296 confirmation of parliament to make it into an act of charters
