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Quo warranto - challenging the Judges

Treason is "a violation of allegiance by a subject against his sovereign or government".
 
Judges and politicians denying and legislating against the right to trial by jury is the single most important issue in determining whether they are commiting treason. "our Sovereign Lady Queen Elizabeth" has sworn to defend our laws and one is the Great Charter (Magna Carta) 1297, enshrining the right to trial by jury "for ever".... and a democratic government is held to be "government of the people, by the people and for the people".
 
Perhaps they are unaware of what they are doing? Knowingly or not, it cannot be ignored.
 
I am fighting for the right to trial by jury and an email correspondent, by the name of Edward-Jay-Robin: Belanger, suggested I file a "Writ of Quo Warranto Veritas" but, on investigating, this type of writ has been abolished in New South Wales, Australia. There is. However, under section 70 of the Supreme Court Act 1970, a method of filing a Notice of Motion for an injunction "in the nature of quo warranto" which I have done, yesterday. In support of the Notice of Motion, which is to be heard on 4 Feb 2002, I have filed an Affidavit.
 
Perhaps others, who are parties to procedures and believe they are not being given a fair deal, would be interested in a similar action.
 
The text of my Affidavit is as follows:-
 
IN THE SUPREME COURT OF
NEW SOUTH WALES
SYDNEY REGISTRY
COMMON LAW DIVISION File No: 20137/00

AFFIDAVIT

I, John Wilson, of Elm Place, North Rocks in the State of New South Wales, say on oath:

1. I am the Deponent.

2. "Quo warranto" is Latin for "by what authority". This Notice of Motion is to determine if the Judge or Master has the right to determine a Notice of Motion, or any part of this common law action, without a Jury.

3. The first document I expect that the Judge or Master to produce is evidence that they have sworn a Judicial Oath in the form set out in the Fourth Schedule of the "Oaths Act 1900 No. 20". However, because Her Majesty Queen Victoria died in 1900, I expect the words of that Oath to be: "I, , do swear that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of , and I will do right to all manner of people after the laws and usages of the State of New South Wales without fear or favour, affection or ill-will. So help me God.".

4. The Judge or Master will need to make it clear to the Court that they understand to meaning, signifance and application of this Oath to the duties of "the office".

5. I truly believe that, by swearing to the Judicial Oath, the Judge or Master vows to uphold the Christian and legal ideals enunciated throughout the Ceremonies which were observed in The Coronation of Her Majesty Queen Elizabeth II in the Abbey of St. Peter, Westminster, on Tuesday, the second day of June, 1953.

6. Those Ceremonies included "The Oath" when the Archbishop asked Her Majesty: "Will you to your power cause Law and Justice, in Mercy, to be executed in all your judgments?" and "Will you to the utmost of your power maintain the Laws of God and the true profession of the Gospel?".

7. The Moderator of the General Assembly of the Church of Scotland presented the Holy Bible to her and said: "Here is Wisdom; This is royal Law; These are the lively Oracles of God."

8. When the Sword of State is deposited in Saint Edward's Chapel and, in lieu thereof, another Sword in a scabbard in laid on the Altar, the Archbishop said: "Hear our prayers, O Lord, we beseech thee, and so direct and support thy servant Queen ELIZABETH, that she may not bear the Sword in vain; but may use it as the minister of God for the terror and punishment of evildoers, and for the protection and encouragement of those who do well, through Jesus Christ our Lord. Amen.".

9. When the Archbishop takes the Sword from the Alter and delivers it into the Queen's hands, he said: "Receive this kingly Sword brought now from the Altar of God, and delivered to you by the hands of us the Bishops and servants of God, though unworthy. With this sword do justice, stop the growth of iniquity, protect the holy Church of God, help and defend widows and orphans, restore the things that are gone to decay, maintain the things that are restored, punish and reform what is amiss, and confirm what is in good order: that doing these things you may be glorious in all virtue; and so faithfully serve our Lord Jesus Christ in this life, that you may reign for ever with him in the life which is to come. Amen".

10. In the Benediction on the Queen the Archbishop prays that "The Lord give you faithful Parliaments and quiet Realms; sure defence against all enemies; fruitful lands and prosperous industry; wise counsellors and upright magistrates; leaders of integrity in learning and labour; a devout, learned and useful clergy; honest peaceful and dutiful citizens. Amen.".

11. The Judge or Master will need to make it clear to the Court that they understand the meaning, significance and application of the words, "to do right after the laws and usages of the State of New South Wales".

12. The Judge or Master will need to make it clear to the Court that he or she has no bias of "fear or favour, affection or ill-will" towards either the Plaintiff, ie: John Wilson, or the Defendant, ie: the Crown under the title of "State of New South Wales".

13. The Judge or master will need to make it clear to the Court that, in accordance with the United Nations Covenant on Civil and Political Rights Article 14, he or she is "a competent, independent and impartial tribunal established by law".

14. This Covenant can be found in Schedule 2 of the "Human Rights and Equal Opportunity Commission Act 1986" which "binding on the courts, judges, and people of every State and of every part of the Commonwealth, not withstanding anything in the laws of any State" by virtue of Covering Clause of the Act to constitute the Commonwealth of Australia 63 & 64 Victoria, Chapter 12, 9th July 1900".
................................................

John Wilson

Sworn at ..North Rocks.......
on ....13th December.. , 2001
before me .....Carol (unable to read surname)...JP 9425132....
(Justice of the Peace)
 


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