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Sunday, May 26, 2013
Letter to the woman acting as Head provincial Judge for the Corporation Alberta
Church of the Ecumenical Redemption International
Edmonton Ecclesia 10755-133rd Street Edmonton Alberta no code non commercial
To: Gail Vickery the private woman acting as the
Chief Judge for the Provincial Courts of Alberta
3rd Floor, Bowker Building
9833-109th Street
Edmonton, Alberta
No Code, Non Commercial
From: minister Edward Jay-Robin: Belanger
Church office , 10755-133rd Street
Edmonton, Alberta
No Code, Non Commercial
Dear Gail,
I have been intimidated to show up for court date settings as put in place by the conflicted and disqualified Vaughn Myers, one of the judges you disqualified for his part in intimidating me to violate the commands of God. I have since 2000 had him in a conflicted position to proceed against me as a Judge as of his prejudice. My publication in an international magazine in 2001 and naming him publically on an international publically viewed website as a suspected cocaine user put him in a position of extreme prejudice. I do not and did not consent to the dates he offered on October 13th in Stony Plain Alberta and on January 26th in Jasper Alberta. He is disqualified and in no position to be setting dates I did not consent to….His offer was and is invalid and affected with prejudice and fraud.
On October 5th in Court room # 3 the only judge in Stony Plain not disqualified and stating as such, set me before Vaughn Myers, who he knew to be disqualified, on October 13th 2012, to set a date for trial for a charge instituted in February of 2010 over 2 years ago. That intimidated me to again have my faith violated and breached. I want that unnamed man acting as a judge removed as he intentionally set me before a man who intimidated me to violate the commands of God and in effect committed the same act of intimidation. That is not sanctioned in law in any circumstance and I do not consent to it!
I told Vaughn Myers I did not consent to the date of June 6th 2012 3 times as I have a criminal complaint against him. He told the clerk to write down that I did not consent to that date as he is disqualified.
He again on January 26th in Jasper Alberta appeared like magic and again I told him in front of witnesses I did not consent to any of his orders or the dates he offered by asking me if the date of May 11th would be acceptable. I asked him if his intent would be to intimidate me to violate the commands of God.
I told him I could not accept any of his orders or offers as it violated my faith in obeying the commands of God. He kept offering the date and finally I declined his offer for the third time in front of witnesses indicating I did not accept his offer as he is in conflict as he admitted on the record and he was intimidating me to violate the commands of God and submit to an earthly jurisdiction that has in fraud added to God’s laws.
I am a Christian minister not being a corporate entity and I form my name printed first middle last upper lower case as your law form stipulates in 4.2 of the Alberta Curriculum .
No law allows you or anyone else to alter my given Christian name for a financial purpose without my express fully informed consent! I have included proof the ALBERTA GOVERNMENT is a dead in law corporate entity for profit business that is a commercial entity subject to commercial law.
I am a living man and a minister of Christ who claims the commandments as my law and with to have any action decisions , orders or dates set or made by Vaughn Myers expunged from the record as they have been obtained in fraud in commission of intimidating this minister of Christ to submit to a false Gods codes rules and regulations which are only applicable to “persons” in law or legal fictions. Deuteronomy 1:17, 10:17, Acts 10:34, Romans 2:11 and James 2:9 in the authorized King James Bible says we are not to show respect for persons like an organization of her majesty as section so simply defines as only being persons , as a person is a mask worn by a player on a stage. See section 2 definitions criminal code for person. Note the lawful definition of the word includes. What is included excludes all else. Ignorance of the letter of the law is no defense.
Our ministers have been intentionally intimidated from doing what they have a right to do by your Judges when they try to tell them they are not persons in law. They are accused of being crazy.
The Alberta Curriculum Act is the law regarding names in Alberta. Where did the court get the sanction to alter it?
I am being intimidated by all of your false oathed judges to consent to their jurisdiction by showing up with the threat that if I do not appear to be further intimidated upon the assumption I am a dead corporate debtor I will be hunted down and arrested so they can perpetrate the crime of treason upon her majesty’s ability to defend the laws of God.
I do not consent, waive all perceived and assumed benefits the de facto corporation thinks I accepted and await your decision to invoke an investigation upon Vaughn Myers who was the first judge to hear our case in March of 2010. He was in conflict then as of my publication of a letter to him and other de facto officials in December of 2000 regarding possession of marijuana. The whole case went fwd as of his initiation which jeopardizes the crowns position as of the error in law which speaks to fraud and private liability.
I accept a reply on this additional complaint to be in line and connected to my first and second complaint to you regarding the renegade actions of your judges intimidating men and women to violate their faith in obeying the commands of God that her Majesty most dutifully defends.
Blessings upon knowing my sincere intent and expressed will to not not be intimidated to submit to the codes rules and regulations of a false god defacto corporate government with a commercial motive and impetus for profit in mind. Matthew 6:24 applies.
minister of Christ in his service Edward-Jay-Robi
man stands on faith to not swear oaths and wins civil action against state for unlawful confinement
778 F.2d 1397
3 Fed.R.Serv.3d 1077, 19 Fed. R. Evid. Serv. 1076
George K. GORDON, Plaintiff-Appellant,
v.
The STATE OF IDAHO, et al., Defendants-Appellees.
No. 84-3719.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted Aug. 5, 1985.
Decided Dec. 19, 1985.
George K. Gordon, pro se.
Richard C. Boardman, Scott D. Hess, James J. Davis, Boise, Idaho, for defendants-appellees.
Appeal from the United States District Court for the District of Idaho.
Before PREGERSON and WIGGINS, Circuit Judges, and WEIGEL, District Judge.*
PREGERSON, Circuit Judge:
1
The district court, under Fed.R.Civ.P. 37(b)(2)(C), dismissed with prejudice George K. Gordon's federal civil rights action for failure to comply with a discovery order that required him to take an oath or affirmation. Gordon appeals pro se. He contends that the district court, by dismissing the action, violated his First Amendment rights because taking an oath or affirmation is repugnant to his religious beliefs. We conclude that the district court abused its discretion in dismissing the action, and we reverse.
FACTS AND PROCEDURAL HISTORY
2
George K. Gordon filed a pro se complaint alleging constitutional violations under 42 U.S.C. Sec. 1983 against the State of Idaho, Ada County, several state and county officials, and other individuals. In his federal civil rights complaint, Gordon asserts that the defendants violated his First Amendment rights during the course of state civil proceedings by imprisoning him for twelve days for civil contempt for refusal to take an oath or affirmation.
3
The defendants in the instant federal civil rights action served Gordon with a Notice of Taking Deposition Duces Tecum and an Amended Notice of Taking Deposition Duces Tecum requiring him to appear at a deposition and testify under oath. Gordon appeared at the deposition but, because of his religious beliefs, refused to swear under oath or make an alternative affirmation. The defendants thereafter moved the district court to compel discovery. The district court granted that motion and specifically ordered Gordon either to swear or affirm before testifying at the rescheduled deposition. At the second deposition, Gordon again refused both to swear under oath or to affirm before testifying. The defendants thereafter filed a motion to dismiss pursuant to Fed.R.Civ.P. 37(b)(2)(C)1 for failure to comply with the court's order. Following a hearing on the motion, the district court dismissed Gordon's federal civil rights action with prejudice. Gordon timely filed this appeal. Our jurisdiction is based on 28 U.S.C. Sec. 1291.
DISCUSSION
4
* Standard of Review
5
We review the district court's imposition of sanctions under Fed.R.Civ.P. 37(b)(2)(C) for abuse of discretion. National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639, 642-43, 96 S.Ct. 2778, 2780-81, 49 L.Ed.2d 747 (1976) (per curiam); Rainbow Pioneer No. 44-18-04A v. Hawaii-Nevada Investment Corp., 711 F.2d 902, 905 (9th Cir.1983).
II
Dismissal Sanction
6
Fed.R.Civ.P. 37(b)(2)(C) authorizes district courts to use the sanction of dismissal if a party fails to obey an order to provide or permit discovery under Rule 37(a). It is inappropriate for a district court to use the dismissal sanction, however, unless non-compliance with its discovery order results from the willfulness, bad faith, or fault of the noncomplying party. Professional Seminar Consultants, Inc. v. Sino American Technology Exchange Council, Inc., 727 F.2d 1470, 1474 (9th Cir.1984). Where failure to comply with a discovery order results from the disobedient party's inability to comply or from circumstances beyond its control, the dismissal sanction should not be imposed. National Hockey League, 427 U.S. at 640, 96 S.Ct. at 2779; United States v. Sumitomo Marine & Fire Insurance Co., 617 F.2d 1365, 1369 (9th Cir.1980).
7
In this case, the district court ordered Gordon to take an oath or to make an alternative affirmation before giving his deposition. The court's order specified the precise language that such an oath or alternative affirmation was to take, despite Gordon's religious objection to taking an oath or using the word "affirmation." The court abused its discretion in insisting that Gordon use either the word "swear" or "affirm" in light of Gordon's sincere religious objections.2
8
The First Amendment's guarantee of the free exercise of religion requires that our procedural rules be interpreted flexibly to protect sincerely-held religious beliefs and practices. In Callahan v. Woods, 736 F.2d 1269, 1273 (9th Cir.1984), we set forth factors that courts must consider in determining whether a neutrally based statute violates the First Amendment guarantee of the free exercise of religion. We stated that the "government must shoulder a heavy burden to defend a regulation affecting religious actions." Id. at 1272. And we emphasized that it is "the 'least restrictive means' inquiry which is the critical aspect of the free exercise analysis." Id. The specific verbal formula offered by the district court was not the least restrictive means of assuring that Gordon testify truthfully at his deposition.
9
Courts that have considered issues involving oaths and affirmations have interpreted procedural rules flexibly to accomodate religious objections. In Moore v. United States, 348 U.S. 966, 75 S.Ct. 530, 99 L.Ed. 753 (1955) (per curiam), for example, the Supreme Court ruled that the trial court erred by refusing to allow a witness to testify because of his refusal to use the word "solemnly" in his affirmation. The Court held that there "is no requirement that the word 'solemnly' be used in the affirmation." Id. at 966, 75 S.Ct. 530, 99 L.Ed. 753. The Fourth Circuit has also noted that "all that the common law requires [of a criminal defendant testifying at trial on his own behalf] is a form of statement which impresses upon the mind and conscience of a witness the necessity for telling the truth." United States v. Looper, 419 F.2d 1405, 1407 (4th Cir.1969). See also Baynes v. Ossakow, 336 F.Supp. 386, 388 (E.D.N.Y.1972) (plaintiff's hand-written "affirmation" made expressly under penalty of perjury deemed a sufficient affidavit for purposes of defeating summary judgment motion).
10
Fed.R.Civ.P. 30(c) requires that deponents be placed under oath, and Fed.R.Civ.P. 43(d) allows the substitution of a "solemn affirmation" in lieu of an oath. We have found no authority insisting on the use of the word "affirm" in such alternative affirmations.
11
The Federal Rules of Evidence, which contain a provision parallel to Fed.R.Civ.P. 43(d), are also instructive on the need of the courts to protect minority religious views about oaths and affirmations. Fed.R.Evid. 603 states that every witness "shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so." The advisory committee notes to Rule 603 illustrate that an affirmation need take no particular form: "The rule is designed to afford the flexibility required in dealing with religious adults, atheists, conscientious objectors, mental defectives, and children. Affirmation is simply a solemn undertaking to tell the truth; no special verbal formula is required." Fed.R.Evid. 603 advisory committee note.
12
This reasoning should also apply to affirmations at depositions under the Federal Rules of Civil Procedure. We therefore conclude that any statement indicating that the deponent is impressed with the duty to tell the truth and understands that he or she can be prosecuted for perjury for failure to do so satisfies the requirement for an oath or affirmation under Fed.R.Civ.P. 30(c) and 43(d). Deponents, furthermore, need not raise their hand when they state the words necessary to satisfy Fed.R.Civ.P. 30(c) and 43(d) if to do so impinges on sincerely-held religious beliefs. This flexible approach is consistent with the constitutional obligation to protect the free exercise of religious beliefs by using the least retrictive means to further compelling state interests that impinge on such free exercise. See Callahan, 736 F.2d at 1273.
13
Gordon has demonstrated that raising his right hand and swearing an oath or making an affirmation violates his sincerely-held religious beliefs. The district court, therefore, should have explored the least restrictive means of assuring that Gordon would testify truthfully at his deposition. At oral argument before our court, Gordon said that before his deposition is taken he is willing to state: "I understand that I must tell the truth. I agree to testify under penalty of perjury. I understand that if I testify falsely I may be subject to criminal prosecution."3 This statement, we believe, would satisfy Fed.R.Civ.P. 30(c) and 43(d). By failing to explore less restrictive means of assuring truthful deposition testimony, the district court abused its discretion when it dismissed Gordon's federal civil rights action. The court, therefore, erred in dismissing the action with prejudice for failure to comply with the discovery order directing Gordon to take an oath or make an affirmation.
14
REVERSED.
WEIGEL, District Judge, dissenting:
15
I respectfully dissent.
16
The alternative of affirming testimony (as distinguished from swearing to it) has been provided for all witnesses who, for religious or other reasons, object to oath taking. See United States v. Looper, 419 F.2d 1405, 1406 n. 2, 1407 (4th Cir.1969); Gillars v. United States, 182 F.2d 962, 969-70 (D.C.Cir.1950); Advisory Committee Note to Federal Rule of Evidence 603 ("This rule is designed to afford the flexibility required in dealing with religious adults, athiests, conscientious objectors, mental defectives and children."); 6 Wigmore on Evidence Secs. 1815-1829; Weinstein's Evidence p 603. Cf. Moore v. United States, 348 U.S. 966, 75 S.Ct. 530, 99 L.Ed. 753 (1955) (per curiam) (affirmation need not include the word "solemn" if objected to on religious grounds).1
17
Appellant seeks to assert claimed rights in the federal courts. He should not be permitted to disregard reasonable Federal Rules of Procedure because of his insistence, however sincere, that his esoteric interpretation of one of those rules must prevail over the interpretation established by the federal courts.2
18
Appellant's demand trivializes the vital purposes of the free exercise clause. Moreover, yielding to appellant's demand in this case tends to invite demands for special formulations in future cases and thus cause needless delay in the administration of justice.3
19
The trial court's dismissal of appellant's action should be affirmed.
*
The Honorable Stanley A. Weigel, Senior United States District Judge for the Northern District of California, sitting by designation
1
Rule 37(b)(2)(C) provides in pertinent part as follows:
(2) Sanctions by Court in Which Action is Pending. If a party ... fails to obey an order to provide or permit discovery, ... the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following:
* * *
(C) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party ....
2
The district court's order stated:
The manner of swearing or affirmation may take one of the two following forms and none other:
(1) You do solemly swear that the testimony you will give in this deposition will be the truth, the whole truth, and nothing but the truth, so help you God.
(2) You do affirm upon pain and penalty of perjury that the testimony you will give in this deposition will be the truth, the whole truth, and nothing but the truth.
3
Because of his religious beliefs, Gordon also stated at oral argument that he would prefer to say: "I understand that I must accurately state the facts" in place of "I understand that I must tell the truth." That would also suffice, so long as Gordon acknowledges that he understands he is testifying under penalty of perjury
1
The majority's reliance on Callahan v. Woods, 736 F.2d 1269 (9th Cir.1984) is, it seems to me, not well taken. The objection on religious grounds in that case was to the requirement of obtaining a Social Security number in order to receive public assistance benefits. No alternative was provided to that requirement
2
Neither of the statements approved by the majority satisfies an important purpose of requiring oath or affirmation, i.e., to insure that the witness makes a conscious commitment to tell the truth. (See Looper, supra; Wilcoxon v. United States, 231 F.2d 384, at 387 (10th Cir.1956), cert. denied, 351 U.S. 943, 76 S.Ct. 834, 100 L.Ed. 1469 (1957); A Reconsideration of the Sworn Testimony Requirement: Securing Truth in the Twentieth Century, 75 Mich.L.R. 1681 (1977).) To say that "I understand that I must tell the truth" or that "I understand I must accurately state the facts" is not a promise to tell the truth nor accurately to state the facts. Appellant was aware of this as shown by his statements at oral argument that
".... Now the scripture says 'Let God be true though every man be a liar.' I'm simply saying that since we've all lied in the past and we've lied once or twice today and we're going to lie in the future, why kid ourselves by saying we tell the truth when in fact we do not. It's my position I would be guilty of perjury the moment I said 'Do you swear to tell the truth, the whole truth and nothing but the truth so help you God' and I say 'I do' I'm committing a lie."
3
The majority treats the trial court's action as an abuse of discretion relating to Fed.R.Civ.P. 37 which provides for sanctions. The question in this case relates to the interpretation of Fed.R.Civ.P. 43(d) which provides for affirmation. Even if the trial court erred, that would be reversible as an error of law, not an abuse of discretion. The majority, by accepting alternative language as complying with Rule 43(d), imposes no sanction. It simply holds there is no basis for any sanction so long as appellant accepts the language approved by the majority
Tuesday, April 23, 2013
U.S. Government owns the patent on cannabis cures...?
U.S. Government owns the patent on cannabis cures......
Submitted by Geeksneek on Tue, 12/28/2010 - 00:10
Daily Paul Liberty Forum
For those of you who still have any doubts as to the miraculous healing powers of cannabis and THC Oil or do not believe that there is an ongoing international effort dead set on keeping this free and 100% organic medicine, along with all organic foods, supplements, and natural medicines from a diseased and dying global population... I am about to BLOW YOUR MINDS......
On October 7, 2003 The United States Government as represented by the Department of Health and Human Services was granted a U.S. Patent (#6630507) on any and all uses and applications of: Cannabinoids as antioxidants and neuroprotectants.
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=H...
In other words, THE GOVERNMENT ALREADY OWNS THE ORGANIC THC OIL BY FORCE... and now THEY OWN THE SYNTHETIC THC OIL BY PATENT... along with any and all combinations of the beneficial compounds found in cannabinoids. As you read through this document you will discover beyond any doubt whatsoever that cannabis has a tremendous variety of medicinal values and applications specific and provable enough to be granted a U.S. Patent, yet the Judicial Branch of our government continues to classify cannabis as a Schedule 1 Controlled Substance
http://en.wikipedia.org/wiki/Controlled_Substances_Act
How can they possibly say that cannabis has no medicinal qualities while at the same time they hold a patent that describes in great detail so many of the proven medicinal qualities that actually DO exist in cannabis?
There has been an ongoing effort to eliminate this ridiculous classification by a wide variety of activists and organizations for decades now but to date... the government holds all the cards and rules with a closed mind and an iron fist.
http://en.wikipedia.org/wiki/Removal_of_cannabis_from_Schedu...
The Abstract of the patent reads as follows:
Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism.
http://www.google.com/search?client=safari&rls=en&q=nmda+rec...
(The NMDA receptor is one of two kinds of receptors activated by glutimates).
This new found property makes cannabinoids useful in the treatment and prophylaxis of a wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and auto-immune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease and HIV dementia.
Nonpsychoactive cannabinoids, such as cannabidoil (mis-spelled in document - should read cannabidiol), are particularly advantageous to use because they avoid toxicity that is encountered with psychoactive cannabinoids at high doses useful in the method of the present invention. A particular disclosed class of cannbinoids useful as neuroprotective antioxidants is formula (1) wherein the R group is independently selected from the group consisting of H, CH.sub3, and COCH.sub3. ##STR1##
In other words, it is useful to separate the natural components and use higher concentrations of the beneficial compounds found in cannabis (the R group) to act as antioxidants and neuroprotectants within the human body. Cannabidiol is designed and being engineered to provide all the benefits of organic cannabis without the psychoactive "high" associated with the drug. This will allow them to continue patenting their product while demonizing cannabis in the media and courts and keeping this pure and natural medicine illegal and unavailable.
Be sure to take the time to scroll down and read through this patent and you will discover what a miracle plant cannabis really is. You will be asking yourself... "What can't it do?" as application after application is described in great detail about the medicinal properties and natural treatment potentials of cannabis. Ask yourselves "Why are multinational corporations allowed to continually market dangerous and untested poisons, toxins and industrial waste products described as food additives and incorporate them into our processed food supply while you and I face arrest and incarceration for simply growing and selling organic foods and medicines?"
I have been healing people and their pets for over two years now using organic nutrients combined with THC Oil and the results are miraculous. Screw the FDA... CANNABIS CURES CANCER!
Run from the cure:
http://www.youtube.com/watch?v=0psJhQHk_GI
Cancer-Gate:
http://www.youtube.com/watch?v=lh0NMQT5Avs&feature=related
http://www.youtube.com/watch?v=4NL5miN2aWY&feature=related
http://www.youtube.com/watch?v=VxNRv_EdNOU&feature=related
http://www.youtube.com/watch?v=kvn22qe1Ioo&feature=related
http://www.youtube.com/watch?v=sjPKaxFW1Mw&feature=related
http://www.youtube.com/watch?v=9lWdCZAqbmk&feature=related
Vitamin Cannabis:
http://www.youtube.com/watch?v=lr1Bu-8U3Uc&feature=related
http://www.youtube.com/watch?v=DbIj8J2CDxk&feature=related
http://www.youtube.com/watch?v=FnKq9SoW9q0&feature=related
Assorted videos (select play all)
http://www.youtube.com/view_play_list?p=F248D95FADBF78B6
Cannabinoid Research:
http://www.google.com/sea
Monday, April 15, 2013
As Anecdotal Reports of Anti-Cancer Effects from Cannabis 'Oil' Pile Up, Doctors Stress Need to Document Its Effects
As Anecdotal Reports of Anti-Cancer Effects from Cannabis 'Oil' Pile Up, Doctors Stress Need to Document Its Effects
Evidence mounts as a growing number of papers published in scientific journals are establishing that cannabinoids have anti-tumor effects on the cellular level and in animals.
March 27, 2013 |
Increasing numbers of people have been using Cannabis “oil” —plant extracts consisting of 50% or more THC and/or CBD— to treat conditions ranging from mild rashes to potentially fatal cancers.
Reports of success are circulating among medical Cannabis users and on the internet. They gain plausibility from a parallel stream of papers published in scientific journals establishing that cannabinoids have anti-tumor effects on the cellular level and in animals.
The anti-cancer properties of cannabinoids were a recurring theme at this year’s meeting of the International Cannabinoid Research Society, and also in a course for physicians presented Oct. 24, 2012, at the University of California San Francisco. One speaker, Jeffrey Hergenrather, MD, described a particularly dramatic case seen by a San Diego colleague: a 90% reduction in the size of an infant’s brain tumor achieved over the course of a year by parents applying hemp oil to the baby’s pacifier before naptime and bedtime.
Aptly dubbed “MMJ13001A” on the UCSF website, the half-day course on cannabinoid medicine included talks by three researchers whose findings about cannabis and cancer have been under-reported, to put it mildly: Stephen Sidney, MD, director of research for Kaiser-Permanente in Northern California; UCLA pulmonologist Donald Tashkin, MD; and Donald Abrams, MD, Chief of Hematology-Oncology at San Francisco General Hospital.
Some 60 doctors received continuing medical education credits for attending the half-day course at UCSF’s Laurel Heights auditorium, which was organized by the Canadian Consortium for the Investigation of Cannabinoids, with help from Abrams and the Society of Cannabis Clinicians, and reprised the next day in Santa Monica (MMJ13001B).
A very interested auditor at the UCSF session, Michelle Aldrich, had used cannabis oil as a treatment for lung cancer. Donald Abrams, who consulted on Aldrich's case, says, “The fact that Michelle didn’t have cancer that could be located [after using the oil] is a bit unusual in someone who started treatment with an advanced stage. I don’t usually see that in my patients. Did the cannabis oil make a difference? We don’t know because we don’t have a controlled study.”
Abrams has met with a UCSF neurooncologist “to discuss whether or not we should do a clinical trial adding oil to chemo for patients with glioblastoma [a brain tumor that is usually fast-moving and fatal]. Manuel Guzman’s studies have shown that cannabinoids have great potential in treating brain tumors.”
Undoubtedly Dr. Mahmoud ElSohly, who grows marijuana for the National Institute on Drug Abuse, can produce a uniform, highly concentrated extract for research purposes. But whether or not NIDA will let Abrams have some is uncertain.
Abrams has jumped through bureaucratic hoops before. He has obtained all the necessary approvals and funding to conduct clinical trials involving cannabis, and published his findings in peer-reviewed journals. Because chemotherapy has a measurable benefit, he says, “There’s no way we could get approval for a study that evaluates cannabis oil as a cure for brain tumors without giving patients temolozide [the standard treatment for glioma].”
“A ‘cure’ in cancer means five years of disease-free survival,” Abrams reminds us.
So what Abrams has in mind is “a study of the pharmacokinetic interaction between cannabis oil and temolozide.” Participants would be patients undergoing treatment for glioblastoma. Researchers would measure the level of temolozide in their blood before and after adding cannabis oil to their regimen. The primary objective would be to establish safety —to confirm that large cannabinoid infusions do not interfere with the body’s ability to process temolozide.
Another objective would be to document examples of cannabis oil expediting or promoting tumor reduction. Such a ‘signal’ might justify a trial of cannabis oil on its own.
Abrams does not want to promote false hope. “I do integrative oncology,” he says, “so I hear about ‘miracle cures’ all the time. I hear about about noni juice and graviola and many products. What’s disturbing is to hear people talking about cannabis oil as a ‘cure,’ because a cure in cancer means five years of disease-free survival and people have not been using cannabis oil for five years.
“I think it does a disservice to the cannabis community to make claims that are not supportable. I may be seen as a nay-sayer but I’m not. I say ‘Let’s study it.’”
Doctors and Dispensaries
Doctors who see cannabis-using patients and dispensaries that provide their medicine are well positioned to advance research by collecting “observational data” that could justify clinical trials, says Abrams.
To do this properly, he advises, “You can’t collect data on only the patients who respond well. You have to collect data from everyone who undergoes the intervention. And data collection has to be sequential. If everyone who got a cannabis-oil product filled out a standardized case-report file at set time points during their treatment, and provided information from their conventional therapist showing the effect on their cancer, then we would have very useful data.”
If the data contained “a ‘signal’ suggesting that the intervention may have value and should be pursued further, the National Cancer Institute Office of Cancer and Complementary and Alternative Medicine (OCCAM)’s Best Case Series Program should be notified.” The program evaluates therapies for which there is evidence of benefit.
Unfortunately, the Best Case Series Program will not accept information on patients who, in addition to using cannabis oil, undergo conventional treatments (radiation and/or chemotherapy). Abrams, who is on the editorial board of OCCAM’s webpage, regrets the requirement that alternative therapies reviewed by the Best Case Series Program be evaluated as solo acts. “Nothing can be ‘complementary’ and ‘alternative’ at the same time,” he points out. “What we’re really trying to do is integrate complementary interventions into alternative care.”
As for patients who are having beneficial responses using cannabis oil without conventional therapy, Abrams hopes that data on their cases will be submitted to NCI OCCAM’s Best Case Series Program to provide a ‘signal’ that clinical trials are called for.
“Anyone who is saying that they’re seeing people cured of cancer with cannabis oil alone,” says Abrams, “has a responsibility to report those cases to the NCI’s Office of Cancer and Complementary Medicine. That would be ‘putting your money where your mouth is.’’’
The Controversial Mr. Simpson
The medical benefits of hemp oil (AKA cannabis oil and hash oil) were extolled in a video called Run From the Cure, made in 2008 by Rick Simpson, a retired hospital worker from Maccan, Nova Scotia.
On the 58-minute video, which has been widely viewed on YouTube, Simpson described having been diagnosed with three skin cancers. One lesion, close to his right eye, had been surgically removed but appeared to be coming back.
Simpson knew that cannabis was medically useful because he used it to cope with a terrible ringing in his ear (tinnitus) brought on by a head injury. Recalling that a suppressed U.S. government study had ascribed anti-cancer effects to THC, Simpson decided to make a highly concentrated cannabis extract and apply it to the three spots on his face. It wiped out the two lesions that had yet to be removed surgically, as well as the one that had reappeared.
When Simpson reported his good news to his doctor’s receptionist (who was also the doctor’s wife), instead of being pleased, she seemed frightened —a harbinger of how the medical and political establishments would respond to his assertion that hemp oil has anti-cancer effects. Simpson tried and failed, he says, to interest the Canadian Cancer Society in his results.
Simpson gave his oil to several residents of Maccan who also reported great benefit. When officers of the Royal Canadian Legion’s local chapter made public statements praising Simpson’s product, they were removed from their posts and denied use of the meeting hall.
“We have supplied it to dozens of people,” Simpson says about hemp oil in the video. “Medical miracles are a common occurrence... It has brought many people right off their deathbeds.” He avows that the oil can be used to treat “any condition involving mutating cells.”
Epstein explains that the medical establishment’s approach —screening, diagnosis and damage control— is profitable.
The video includes brief references to scientific papers showing that cannabinoids have anti-cancer effects, including studies by Guzman and McAllister. There is strong footage of Samuel Epstein, MD, author (with Harvey Wasserman) of The Politics of Cancer. Epstein explains that the medical establishment’s approach —screening, diagnosis and damage control— is profitable. “You wait till they get the cancer and then you try and treat it. The more disease there is, the greater the profit.”
Run From the Cure shows Simpson making hemp oil, preceded by a jarring disclaimer: “Making your own oil is extremely dangerous and we do not approve of this method.” Then he shows and tells you how, and vouches for its efficacy.
The recipe goes like this: “Place Good bud in a plastic container. Dampen with solvent. Crush bud material. After crushing add more solvent till it’s completely covered. I use pure naphtha but 99% isopropyl alcohol also works as a solvent. Let the THC dissolve into the solvent. Drain and pour through a coffee filter. Make sure the area is well ventilated where you’re going to boil off the solvent… A pound of good bud yields about two ounces. Ingesting this amount over a two-three month period is enough to cure most serious cancers.”
Simpson’s critics wince over his use of naphtha, a petroleum product that could leave residue in the extracted oil. They cringe over his claim that hemp oil is “enough to cure most serious cancers.” And they fear that the implication in the title “Run From The Cure,” plus disparaging remarks made in the video about radiation and chemotherapy, will lead some viewers to forego these conventional therapies, which are admittedly hideous but might prove life-extending.
No one denies Rick Simpson credit for bringing hemp oil —and the notion that megadose cannabinoids might provide mega-benefit—to the attention of millions. He has changed the way people think about cannabinoid dosing levels. If today’s mega-dose becomes tomorrow’s standard dose in treating certain cancers, Rick Simpson will have expedited the process.
WAMM’s Observational Study
Since the winter of 2009/10, 37 members of WAMM —the Wo/men’s Alliance for Medical Marijuana, based in Santa Cruz, California— have used cannabis oil, which they call “Milagro oil,” to treat various conditions. (Milagro means “miracle” in Spanish.)
WAMM was the first recipient of clones donated to Project CBD by plant breeders in 2009. WAMM members grow their herb organically in an outdoor garden. Director Valerie Corral notes with pride that Milagro oil “is made exclusively from our own product...Many of our medicines are created from distinctive heirloom strains.”
The typical Sativex dose is about 41 milligrams per day. The typical Milagro oil dose is between 500 and 1,000 milligrams per day
A man Corral calls “a gifted and compassionate chemist” —John Erickson is not his real name— turns WAMM’s buds and leaves into an oil that is slightly above 50 percent THC and/or CBD in content. The solvent he uses to extract oil from the plant is Everclear —neutral grain spirits.
The oil is then repeatedly distilled over the course of three to four hours. One pound of plant material yields about 75 grams (2.6 ounces) of pure Milagro oil. It is very dark green and has the viscosity of tar at cool temperatures. The delivery system is an oral syringe containing 3.5 grams, from which patients extrude their desired dose. Recently Erickson has added a 1-gram syringe, which makes dosing simpler. His clients include Harborside Health Center, which has dubbed the product “Sungrown Healing Hemp Oil.”
WAMM’s original Milagro oil was, more than 50 percent THC with only trace amounts of CBD. Last year they began producing a CBD-rich oil, too (1.7-CBD to 1.0-THC). The latter was reported to be slightly psychoactive by many patients, although much less so than the Milagro oil. (If you’re wondering why G.W. Pharmaceuticals’ Sativex, a 1:1 CBD-to-THC plant extract, is rarely perceived by patients as psychoactive, bear in mind that Sativex users, on average, ingest 41.6 milligrams per day of plant cannabinoids —21.6 mg of THC, 20mg of CBD. The typical Milagro oil dose is between 500 and 1,000 mgs of plant cannabinoids per day.)
The anti-cancer regimen that WAMM recommends involves ingesting a gram of oil per day —a dose that some people find unpleasantly psychoactive— for 60 days. It is hoped that in the future, a combination oil made from plants with very little THC will be prove to be much less psychoactive —or not psychoactive at all— and equally beneficial.
For patients who take the oil by mouth, Corral makes “decoctions” of varying strength, cutting the Milagro oil with organic hempseed oil that contains no cannabinoids. Patients start out taking a one-gram decoction that is nine parts hempseed oil to one part milagro oil. When they find the effects tolerable they graduate to a four-to-one ratio. Then, when ready, they take undiluted Milagro oil.
“It may take as long as a month for a patient to be able to tolerate the intensity of the full strength Milagro Oil,” says Corral, who tries to stay in touch with all involved. “So we are developing a combination oil, which consists of Milagro, CBD-Rich Oil, and a new THC Acid oil that is not at all psychoactive.”
Once patients can tolerate a full dose, Corral says, “We begin a three-month period of observation, during which patients will consume the 60 grams of pure Milagro Oil extract. We find that not every patient will consume the 60 grams; some will take less, some will take more and remain fully functional.
WAMM members often combine the oils with conventional therapies. “We see many turn away from chemical therapies after finding that their cancers are returning or have metasticized,” Corral says. “Still, the oils can be useful when combined with standard anti-cancer therapies.
“Healing is holistic,” Corral believes. “In my opinion, a combination of therapies is most effective. The goal is not just providing an unfavorable condition for cancer cells, it’s far more complex. There are many things to heal. The whole organism must be treated. One of the many things the Milagro oil may do is to help patients tolerate chemotherapy as an adjunct treatment. This may allow them to be more accepting of allopathic medicine. In the best case scenario, they may be able to shift their treatment from the rigors of chemical therapies to natural plant medicines that support the entire system. We may well prove that whole plant cannabis medicines, when ingested in their entirety and containing megadoses of CBD and THC in their acid forms is the answer that we have awaited.”
At the request of Project CBD, Corral and WAMM manager Joe Paquin recently compiled an “observational study” of WAMM members treating various conditions with cannabis oil. Of the 35 patients whose cases they reviewed, eight had used the oil to treat cancer-related pain, depression, and nausea. In summary:
• A woman of 60 with breast cancer using CBD-rich oil reported no noticeable difference in her symptoms or disease progression.
• A woman of 65 with B-cell Lymphoma who used oil of both ratios experienced between 90 minutes and two hours pain relief, and increased energy. The Milagro oil provided more relief of all symptoms without psychoactivity. Reduced opiate use. Living well despite significant loss of mobility. Continuing chemotherapy.
• A man of 70 using only flour-based capsules for lung cancer. Twelve years ago he was diagnosed with stage IV lung cancer and underwent chemotherapy and radiation. He then quit all conventional treatment and began relying on a healthy diet and marijuana. Six months ago he was admitted into hospital and told he had two weeks to live. We took him home again and treated him with CBD-rich capsules made from flour and organic virgin coconut oil, and the anti-cancer diet recommended by Donald Abrams (see “Cancer and Nutrtion” in O’Shaughnessy’s, Autumn 2011). He continues to take capsules made from a combination of Cannabis sativa, indica, and CBD-rich trim. He reports increased energy and ease in sleeping. He has been confined to a wheelchair since he returned from the hospital, but has graduallyincreased mobility.
• A 48-year-old man, employed, using CBD-rich oil for medullary thyroid cancer found it too psychoactive for daily use. Uses one CBD oil cap at bedtime, reports enhanced mood, increased energy (not desired), sense of well being much improved, reduced motor control, reduced anxiety, no effect on low-level pain and low-level nausea, slightly high feeling, slight dry mouth.
• An 84-year-old man, hemophiliac, with prostate cancer and other serious illnesses, using 1:1 CBD:THC flour capsules, reported initial relief, followed by loss of effectiveness for insomnia and mobility over the course of six or seven months. Recently using capsules from freshly harvested CBD-rich plants and reports “a good night’s sleep!” It is suspected that the age of the original batch may have been responsible for its reduced lack of effectiveness.
• A 52-year-old man with HIV/AIDS and hepatic liver cancer (stage IV when diagnosed), used 1:1 Milagro oil for eight months, 1 gram/day. Too psychoactive at first. After one month experienced dramatic reduction in pain, tension, discomfort. Two MRIs showed reduced lympathic tumor growth. The patient lived well for nearly one year, which was far beyond his prognosis. He had undergone a single chemotherapy treatment (chemoembolization) which resulted in the reduction of the specific liver tumor targeted. Chemotherapy had no effect on the lymphatic tumor. Oncologist suggested that the Milagro oil may have played a role in visible reduction of the lymphatic tumor.
• A 64-year-old man using Milagro oil, .5 gram/day for prostate cancer, also underwent extensive chemotherapy and radiation but PSA increased significantly. Recently began taking CBD-rich flour capsules in conjunction with Milagro oil (one gram/day) and reports reduced pain and insomnia, increased energy and a joyful sense of well-being. As we go to press it is reported that his PSA has been reduced significantly.
• A 65-year-old man using CBD-rich oil and flour capsules —but not high-THC Milagro— for advanced prostate cancer has regained vigor. “He was barely able to speak and now his voice his strong,” Corral reports.
• A 65-year-old man began using Milagro oil for colon cancer (stage IV) in October. Reports significant relief of pain and nausea, sense of well-being and hopefulness.
Other Applications
WAMM members have used Milagro oil beneficially in treating a wide range of conditions and symptoms. Corral generalizes that Milagro oil with equal THC and CBD content “offers profound pain relief,” usually lasting for an hour and a half to two hours. It is capable of reducing neuropathic pain and enabling people to reduce opioid use. “For those patients who find Milagro stimulating it is taken during the day. In some cases increased psychoactivity was reported. Feeling of well-being was commonly reported.”
The CBD-rich oil “appears to relieve insomnia, pain, and acts as an antispasmatic. It, too, has significant effect on feeling of well being.”
Corral and Paquin also tracked several WAMM members who use Harlequin (3-to-2 CBD to THC) in smoked form. “All reported it to be effective, manageable and easy to use,” they found.
Corral says, “In WAMM we don’t really do one thing. Obviously, marijuana is part of our focus —it is a remarkable tool in the effort to relieve suffering, opening the door to many possibilities. But we encourage each other to consider the whole organism, to consider what we eat and the way we think. We engage in exercises to enrich our lives and our health. We participate in the production of medicine for each other from gardening to making the capsules, from cooking for each other to sitting by bedsides of our ill friends.
“WAMM is a true collective. Many members attend either weekly meetings or come into our workspace to share information, interaction, and interdependence that draws them from the isolation that often accompanies illness.
“We work with members to identify and resolve the many issues they face. Patients are encouraged to participate in applications of wellness from exercise to alkalizing our systems (mainly by reducing sugar intake). We support patients to explore all means of healing. This includes allopathic as well as alternative medicine, exercises in neuroplasticity, and simply thinking good thoughts.
“Over the last 20 years in our efforts to provide care for patients we have come to understand that there is much that we can do to affect our healing process. Medical marijuana has many benefits, and one is that it can affect consciousness. It can make us more aware and open to the many tools available in the miracle of self-healing. Since there is no cure for death it may even open us to the unexplored wonder of that inevitability.”
Fred Gardner is the managing editor of O’Shaughnessy’s, the Journal of Cannabis in Clinical Practice. (This article first appeared in the Winter/Spring issue.) He can be reached at editor@beyondthc.com.
Friday, March 8, 2013
Queen swore an unlegislated unlawful oath in 1953..That proves fraud!
Royal Marriages – Constitutional Issues
Standard Note:
SN/PC/03417
Last updated:
2 December 2008
Author:
Lucinda Maer
Section Parliament and Constitution Centre
A series of legal restrictions on the religious beliefs which can be held by the spouse of the
monarch were introduced following the Glorious Revolution in 1688. The monarch must join
in communion with the Church of England, must declare him or herself to be a Protestant,
and must swear to maintain the established churches in England and Wales. If he or she
wishes to retain the title to the throne they cannot marry a Catholic. And by the same token,
marriage to a Catholic automatically excludes anyone from the line of succession.
As well as restrictions on the religious beliefs of the spouse of the monarch, The Royal
Marriages Act 1772 requires the descendants of George II (other than the children of
princesses married into ‘foreign families’) to seek consent of the monarch before marrying.
This note sets out the legal and historical background to the restrictions, and considers their
application in the case of the marriage of Prince Charles to Camilla Parker Bowles.
Other Standard Notes of interest may be:
•
•
•
SN/PC/00683, The Act of Settlement and the Protestant Succession
SN/PC/00293, Bill of Rights 1688
SN/PC/00435, The Coronation Oath
This information is provided to Members of Parliament in support of their parliamentary duties
and is not intended to address the specific circumstances of any particular individual. It
should not be relied upon as being up to date; the law or policies may have changed since it
was last updated; and it should not be relied upon as legal or professional advice or as a
substitute for it. A suitably qualified professional should be consulted if specific advice or
information is required.
This information is provided subject to our general terms and conditions which are available
online or may be provided on request in hard copy. Authors are available to discuss the
content of this briefing with Members and their staff, but not with the general public.
Contents
1
Religious beliefs of the spouse of the monarch
1.1
Relevant statutes
The Bill of Rights 1688
Coronation Oath Act 1688
Act of Settlement 1700
Act of Union with Scotland 1706
1.2
2
3
4
Recent examples
3
3
3
3
4
5
5
6
6
9
9
11
The Royal Marriages Act 1772
Attempts to change the law
The marriage of Prince Charles to Camilla Parker Bowles
4.1
4.2
Princess Consort
The Civil Ceremony
2
1
1.1
Religious beliefs of the spouse of the monarch
Relevant statutes
A series of relevant statutes sought to ensure the Protestant succession following the
Glorious Revolution of 1688. 1 These have a continuing influence on the religion of the
spouse of the monarch.
The Bill of Rights 1688
This states:
And whereas it hath beene found by experience that it is inconsistent with the safety
and welfaire of this protestant kingdome to be governed by a popish prince or by any
King or Queene marrying a papist the said lords spirituall and temporall and commons
doe further pray that it may be enacted that all and every person and persons that is
are or shall be reconciled to or shall hold communion with the see or church of Rome
or shall professe the popish religion or shall marry a papist shall be excluded and be
for ever uncapeable to inherit possesse or enjoy the crowne and government of this
realme and Ireland and the dominions thereunto belonging or any part of the same or
to have use or exercise any regall power authoritie or jurisdiction within the same…
The Act appears to prevent Roman Catholics from becoming the spouse to the monarch. 2
Coronation Oath Act 1688
Where it is quite clear that monarch or heir must not only not be a Catholic but also join in
communion with the Church of England, it would seem that the only restriction on the
monarch or heir’s spouse is that she cannot be a Catholic. So far as can be seen, the
nearest requirement on a Queen consort to be a Protestant is under the Coronation Oath Act
1688. The wording seems to require the same promise of both King and Queen to maintain
the established religion. 3
The Act requires the King and Queen to swear, during the coronation ceremony, that they
will to the utmost of their power:
maintaine the Laws of God the true profession of the Gospell and the Protestant
reformed religion established by law [...] and [...] preserve unto the bishops and clergy
of this realm and to the churches committed to their charge all such rights and
privileges as by law do or shall appertain unto them or any of them. 4
On the other hand, section 4 of the Act appears to detract from this requirement although the
wording is somewhat imprecise:
4. Oath to be administered to all future Kings and Queens
And ... the said oath shall be in like manner administred to every King or Queene who
shall succeede to the imperiall crowne of this realme at their respective coronations by
one of the archbishops or bishops of this realme of England for the time being to be
1
2
3
4
In England before 1752, 1 January was celebrated as the New Year festival, but 25 March was the start of the
civil or legal year. The Calendar (New Style) Act 1750 introduced the Gregorian Calendar and moved the start
of the civil year to 1 January. Therefore the years given in dates for Acts preceding 1752 are often recorded
differently – depending on whether the old or new style calendar is used. In this note, the dates used in
Halsbury’s Laws of England have been used.
For the rest of this note, all references to ‘Catholics’ are references to ‘Roman Catholics’.
Coronation Oath Act 1688 (1 Will & Mar chap 6), s 3
Coronation Oath Act 1688 (1 Will & Mar chap 6), s 3
3
thereunto appointed by such King or Queene respectively and in the presence of all
persons that shall be attending assisting or otherwise present at such their respective
coronations any law statute or usage to the contrary notwithstanding.
The 1688 Act included the Queen, since William and Mary ruled as joint monarchs. This joint
monarchy was unprecedented in English history and came about as part of unique
circumstances. Mary was the sister of James II and her husband was Dutch. As part of the
negotiations leading to the Glorious Revolution, William was approached for his opinion.
According to the Oxford History of England William made clear to those who sought to bring
him to power that he would not be regent or accept a subordinate position to his wife. The
history notes “Both William and Mary formally accepted the offer of the throne made to them
jointly, and with it the Declaration of Rights”. 5
Therefore as far as a Queen consort or wife of the heir to the throne is concerned, it is only
Catholics who are specifically affected. However, if the speculation about the Coronation
Oath is justified, there might be women of some Protestant denominations and non-Christian
religions who would not wish to promise to maintain the established religion. (There is also
the uncertainty over Holy Communion in the coronation service).
The coronation oath was not administered to Prince Philip, who is the consort of the current
monarch. Only Elizabeth II took the oath. In contrast, the Queen’s parents, George VI and
Queen Elizabeth both took the coronation oath. 6 However, it is worth noting that the oath
Elizabeth II took was modified without statutory authority. The present Queen swore to
govern the peoples of her realms and territories according to their respective laws and
customs and to maintain the established Protestant religion in the United Kingdom. 7
If there were doubts about the religious affiliation of the spouse, it would not seem necessary
for the spouse to take the formal coronation oath. The fact that the religious affiliation was
non-Christian or pagan would not seem to be relevant, since the oath need not be
administered to a spouse.
Act of Settlement 1700
The Bill of Rights established the succession to the heirs of Mary II, Anne and William III in
that order. But by 1700 Mary had died childless, Anne's only surviving child had died and
William was dying. The Stuarts still had claims to the throne. The Act of Settlement was
passed, devolving the Protestant succession after Queen Anne (assuming no heir) on
Princess Sophia the Electress of Hanover and her heirs, who were Protestants. The Act
explained that it was “absolutely necessary for the safety, peace and quiet of this realm to
obviate all doubts and contentions in the same by reason of any pretended titles to the
crown” 8 ,
This Act in section 2 reiterated the exclusion of Catholics or persons married to Catholics and
the requirement for the Coronation oath:
2. The persons inheritable by this Act, holding communion with the church of
Rome, incapacitated as by the former Act, to take the oath at their coronation,
according to Stat 1 W & M c 6
5
6
7
8
Sir George Clark The Later Stuarts 1660-1714 second edition p145
See Halsbury’s Laws of England Vol 12(1) The Crown, para 20
For further details see Library Note SN/PC/00435, The Coronation Oath
Act of Settlement 1700 (12 & 13 Will 3 chap 2), in long title
4
Provided always and it is hereby enacted that all and every person and persons who
shall or may take or inherit the said crown by vertue of the limitation of this present Act
and is are or shall be reconciled to or shall hold communion with the see or church of
Rome or shall profess the popish religion or shall marry a papist shall be subject to
such incapacities as in such case or cases are by the said recited Act provided
enacted and established. And that every King and Queen of this realm who shall come
to and succeed in the imperiall crown of this kingdom by vertue of this Act shall have
the coronation oath administered to him her or them at their respective coronations
according to the Act of Parliament made in the first year of the reign of his Majesty and
the said late Queen Mary intituled An Act for establishing the coronation oath and shall
make subscribe and repeat the declaration in the Act first above recited mentioned or
referred to in the manner and form thereby prescribed.
At first the effect of this was to exclude all members of other churches. However, members of
certain other Protestant churches may not now be debarred. Since 1972, by the Church of
England’s Admission to Holy Communion Measure, 9 and the [Church of England] Canon
(B15A) that followed it, “baptised persons who are communicant members of other churches
which subscribe to the doctrine of the Holy Trinity, and who are in good standing in their own
Church” shall without further process be admitted to Holy Communion in Church of England
churches.
This means, for instance, that a Methodist, Congregationalist, Church of Scotland, or Baptist
member can take Anglican communion, though a Unitarian (who would reject the concept of
the Trinity) could not. Hence in the strict sense of the wording of the Act of Settlement,
members of these churches would not now be excluded. Members of Protestant
denominations outside the Church of England do not generally object as a matter of faith to
its established status and could thus subscribe to the requirements of the Coronation Oath
Act 1688. Such a person could therefore “join in communion”, as the words of the statute
decree.
A Catholic would probably still be affected by this section, additionally to the specific
disabilities quoted in s 2, since he or she could not remain “in good standing” in the Roman
Catholic Church by taking communion from an Anglican minister. 10 This disability would
appear to affect the spouse of a monarch who would be required to take the coronation oath.
However, as seen above, the current monarch took a form of the coronation oath which
differed in wording from the 1688 Act.
Act of Union with Scotland 1706
The position of the established Protestant Presbyterian Church of Scotland was safeguarded
in the Act of Union with Scotland. Article II of the Articles of Union reiterated and confirmed
the provisions of the Act of Settlement. It would need amendment should the Act of
Settlement be abolished or amended.
1.2
Recent examples
There are two recent examples where the marriage of someone in line to the throne to a
Roman Catholic has resulted in their removal from the line of succession. 11 The Earl of St
Andrews and HRH Prince Michael of Kent both lost the right of succession to the throne
9
10
11
GSM no.2, 1972. The canon is reprinted in Canons of the Church of England, 5th ed 1993 (loose leaf
publication)
With certain minor exceptions, [RC] Canon 844; Code of Canon Law, 1997 ed.
A list of the first 40 in line to the throne is available at http://www.royal.gov.uk/output/page5655.asp (last
viewed 22 August 2008)
5
through marriage to Roman Catholics. Any children of these marriages remain in the
succession provided that they are in communion with the Church of England.
In 2008 it was announced that Peter Phillips would marry his partner, Autumn Kelly. It
emerged that she had been baptised as a Catholic. Ms Kelly was accepted into the Church
of England before the marriage took place and Peter Phillips retains his place in the line of
succession. 12
2
The Royal Marriages Act 1772
This Act requires the descendants of George II (other than the children of princesses married
into ‘foreign families’) to seek consent of the monarch before marrying. 13 The Act applies also
to marriages celebrated abroad and makes such marriages without consent void. 14 Under the
His Majesty’s Declaration of Abdication Act 1936 the 1772 Act was disapplied for any heirs of
the Duke of Windsor. A descendant aged over 25 who persists in his/her wish to marry
without consent, may do so unless both Houses of Parliament expressly disapprove of the
marriage. There is no reference to the religion of the intended spouse.
There have been suggestions that the Royal Marriages Act 1772 contravenes human rights
legislation in requiring virtually all descendants of George II permission from the crown for
their marriages, although controversy remains about its full extent.
Robert Blackburn has explained the idea of constitutional control over who becomes the
spouse of the reigning of future monarch as follows:
The logic behind this idea is that the personality and personal life of the individual who
is or may become head of state is a matter of profound public interest to the well-being
of the government and the country. The head of state’s consort is inter-woven into this
public interest in good governance, for he or she not only has considerable de facto
official, ceremonial and diplomatic functions to perform, but normally will be the father
or mother of the subsequent heir apparent. A comparative glance at monarchies
elsewhere in the world indicates that similar notions often operate there too. Both
Spain and Sweden, for example, have constitutional provisions debarring from the
throne those who proceed with a royal marriage which is not approved by the
government. 15
3
Attempts to change the law
The arguments in favour of changing The Royal Marriages Act 1772 have been set out in an
article by Dr Stephen Cretney, an emeritus fellow of All Souls College, Oxford, who quotes a
1955 civil service brief prepared for the Prime Minister in relation to a Parliamentary
Question:
1. “It is inherently unsatisfactory that personal and constitutional questions of such
high importance should still depend on the operation of an 18th Century Statute which
was admittedly passed hurriedly, and in the face of considerable opposition, to deal
with an ad hoc situation created largely by the unsatisfactory conduct of King George
III’s brothers.”
12
13
14
15
“Fiancée secures royal succession by abandoning her Catholic Faith’, The Times, 1 May 2008
“The Royal Marriages Act 1772” Modern Law Review Vol 14 Jan 1951 suggests that descendants of Queen
Elizabeth II do not come within the Act, as she was a princess marrying into a foreign family
Sussex Peerage Case (1844) 11Cl and Fin 85
Blackburn, King and Country: Monarchy and the Future King Charles III, 2006, p171
6
2. The legal interpretation of the Act is uncertain; but it seems that “its ambit is now far
too wide. It extends, or may extend to classes of persons whose connection with the
Throne is very remote. Some think it should at least be confided to The Sovereign’s
children and grand-children and the Heir Presumptive.”
3. “Although many approve in principle of control of marriages which are likely to affect
the succession to the Throne, it can reasonably be argued that the sanctions against
marriage without consent imposed by the Act of 1772 are too strong. A marriage
without consent if void and the offspring of the union bastardised…”
4. “The provision of the Act which requires an applicant over the age of 25 who has
been refused consent to give notice to the Privy Council and then wait a year, during
which either House of Parliament may prevent the marriage by passing a resolution is
contrary to modern ideas of propriety and fair-dealing”. 16
The Legitimacy Act 1959 introduced the doctrine of the putative marriage into English law.
As a result of that Act the child of a marriage void under the Royal Marriages Act 1772 will
usually be treated as the legitimate child of the parents.
Dr Cretney writes:
Materials now in the public domain demonstrate that there were two main options for
reform of the Royal Marriages Act. [Footnote: In 1955 (when it had been thought that
Princess Margaret might renounce her rights of succession on marrying Group Captain
Peter Townsend) draft documents were prepared…] The first was to amend the Act by
confining its application to a comparatively narrow class (for example, the current
Monarch’s descendants). The second was to repeal the 1772 Act, and substitute an
Act retaining the need for the Sovereign’s consent to the marriage and those close to
the throne, but restriction the sanction for failure to obtain that consent to
disqualification from the line of succession and from any financial provision from the
Civil List. Bills were drafted by counsel to give effect to these alternatives. But by
1964 all enthusiasm for reform seems to have evaporated. Approval of those
Commonwealth countries which were monarchies seems to have been an especially
weighty factor, and on July 13 1964 Home Secretary Henry Brooke decided “not to
proceed with legislation… at the moment”. Forty years later, there has still been no
Government action to introduce the legislation…” 17
Lord Dubs introduced the Succession to the Crown [HL] Bill in the 2004-5 Session. Clause 2
of Lord Dubs’s Bill attempted to allow spouses of the King/Queen to be a Catholic, but did
not attempt to repeal the Act of Settlement itself. Nevertheless, the Bill faced opposition on
its second reading from the Bishop of Winchester:
…if the Bill became law and made in time for a Roman Catholic consort, in a
generation we could therefore have a Roman Catholic heir to the throne who could not
join in communion with the Church of England. Although I pray earnestly for that
reconciliation of the Roman Catholic and Anglican Churches which for me is the only
proper solution to the admitted embarrassments and misunderstandings which the Bill
seeks to resolve, I doubt very much whether it is wise for your Lordships' House or the
16
17
Dr S Cretney QC, ‘Royal Marriages: Some Legal and Constitutional Issues’, Law Quarterly Review, April
2008, pp235-237
Dr S Cretney QC, ‘Royal Marriages: Some Legal and Constitutional Issues’, Law Quarterly Review, April
2008, pp238-239
7
other place either to bank on the timing of that reconciliation or to seek to bring
pressure to bear on its achievement. 18
Also in the 2004-05 Session Ann Taylor introduced the Succession to the Crown (no 2) Bill in
the Commons, but the bill did not make progress. 19 Edward Leigh presented his ten minute
rule bill Royal Marriages (Freedom of Religion) Bill on Tuesday 8 March 2005. He argued
that amending the law in relation to the spouse of a monarch was a much less complex
process than removing the anti-Catholic nature of the Act of Settlement.
The then Lord Chancellor, Lord Falconer responded to Lord Dubs’s Bill. He stated that
although the Act of Settlement and other associated Acts that exclude Roman Catholics from
the succession could be seen as ‘discriminatory’, he remained opposed to what would be a
complex and controversial procedure to change them:
To bring about changes to the law would be a complex and controversial undertaking,
raising major constitutional issues which would involve the amendment or repeal of a
number of pieces of related legislation. Legislation that would need to be reviewed
includes the Bill of Rights 1688, the Coronation Oath Act 1688, the Union with Scotland
Act 1707, the Princess Sophia's Precedence Act 1711—I hope no one will intervene on
that one—the Royal Marriages Act 1772, the Union with Ireland Act 1800, the
Accession Declaration Act 1910, and the Regency Act 1937. I recognise that my noble
friend's Bill deals with obvious aspects of the Union with Scotland Act and, indeed, the
parallel Union with England Act of the pre-Union Scottish Parliament, but it has not
addressed any of the issues raised by the other Acts to which I have referred.
I should make it clear that this Government stand firmly against discrimination in all its
forms, including discrimination against Catholics, and will continue to do so. The
Government would never support discrimination against Catholics, or indeed any
others, on the grounds of religion. The terms of the Act are discriminatory, but we
should be clear that for all practical purposes, its effects are limited…
There is a difference between applying new legislation such as the Human Rights Act
to existing legislation, and altering legislation which is part of the backbone of our
constitutional arrangements. Indeed, this legislation is interwoven within the very fabric
of the constitution and has evolved over centuries. It is not a simple matter that can be
tinkered with lightly. While we would wish to remove all forms of discrimination, for a
variety of reasons that have been well understood in the course of this debate, this is
not the appropriate form. 20
He said:
There is an argument for amending the Act to remove the need for all descendants of
George II having to obtain the Queen's consent before marrying. The longer the
current provisions remain on the statute book, the more couples there will be who are
covered by the requirements of the Act. Noble Lords should draw their own
conclusions from the procedural description that I have just given. However, given the
Government's current legislative programme, the issue cannot be seen as urgent and
would, again, have to be part of any larger examination of constitutional issues, such
as the Act of Settlement.
18
19
20
HL Deb 14 January 2005 c501
Bill 36 of 2004-5
HL Deb 14 January 2005, cc510-511
8
The Government have not said that the laws we have considered today should never
be changed. They do not rule out change in the future, but we have no immediate
plans to legislate in this area.
As has been pointed out in the past, it is a complex undertaking and we must be
careful not to embark on it before proper consultation with all parties involved. 21
Lord Falconer pointed out that there are 22 people in the line of succession to the throne
after the Prince of Wales who have not been affected by the Act of Settlement’s anti-Catholic
provisions, so the chances of a successor being the victim of the Act are slight. 22 It is
necessary to have ‘victim status’ under the Human Rights Act 1998 to bring a case. In
general, a hypothetical case would not be entertained by the courts, so would be very
unlikely to progress to a hearing.
Courts are not entitled to strike down primary legislation as a result of the Human Rights Act
1998. Instead courts will make a declaration of incompatibility in accordance with s4 of the
Human Rights Act. This does not force Parliament to amend the law, but Parliament runs the
risk of having an offending piece of legislation brought before the European Court of Human
Rights if it does not replace the piece of legislation.
4
The marriage of Prince Charles to Camilla Parker Bowles
The marriage of Prince Charles to Mrs Parker Bowles in 2005 raised many questions about
the constitutional issues involved in royal marriages.
4.1
Princess Consort
The official announcement from Clarence House noted that if Charles were to succeed to the
throne, Mrs Parker Bowles would become Princess Consort:
Mrs Parker Bowles will use the title HRH The Duchess of Cornwall after marriage.
It is intended that Mrs Parker Bowles should use the title HRH The Princess Consort
when The Prince of Wales accedes to The Throne. 23
Although Prince Philip and Prince Albert were described as consorts to the British queens
they married, this appears to be the first time that the title Princess Consort has been used.
In response to a PQ from Andrew Mackinlay, the DCA has indicated that the marriage is not
morganatic. 24 Another parliamentary answer indicated that permission for the marriage,
under the Royal Marriages Act 1772 had been granted at a Privy Council meeting on 2
March 2005. 25
In 1820 Princess Caroline of Brunswick attempted to ensure that she would be crowned
alongside George IV, her estranged husband. George IV persuaded the then Prime Minister,
Lord Liverpool, to introduce a bill into the House of Lords to deprive her of her rank and
dissolve the marriage. The Bill was withdrawn after it only received a narrow majority at
21
22
23
24
25
HL Deb 14 January 2005 c511
HL Deb 14 January 2005 c511
See Prince of Wales, Press Release, 10 February 2005
http://www.princeofwales.gov.uk/mediacentre/pressreleases/announcement_of_the_marriage_of_hrh_the_pri
nce_of_wales_and__167.html (last viewed 22 August 2008)
HC Deb 17 March 2005 c462w
HC Deb 17 March 2005 c462w
9
second reading. Princess Caroline tried to enter Westminster Abbey for the coronation in
July 1821, but was not successful. She died the following month. 26
David Pannick QC has noted possible legal implications if Camilla Parker-Bowles did not use
the title of queen. His comments are as follows:
Assuming that a valid marriage takes place, Mrs Parker Bowles may, in many years'
time, have an important constitutional function to perform. The Regency Act 1937
regulates what would happen if the Sovereign were to become incapacitated. If King
Charles III were to spend all of his time talking to plants, so that he is "by reason of
infirmity of mind or body incapable for the time being of performing the royal functions",
Prince William would become Regent. Charles could be declared to be so
incapacitated by three or more of the following: his "wife", the Lord Chancellor, the
Speaker of the House of Commons, the Lord Chief Justice and the Master of the
Rolls…There is no Act of Parliament regulating whether Camilla must be called Queen
if and when Charles becomes King. But there are possible legal implications if she
does not have that title. The Treason Act 1351 states that the offence of treason is
committed if a person "doth compass or imagine the death of our lord the King, or of
our lady his Queen". Halsbury's Statutes helpfully adds that there is an "alternative
version of the original text", substituting "wife" for "Queen"….There is a potential
financial advantage for Camilla in becoming Mrs Wales. Section 6 of the Civil List Act
1952 states that in the event of the death during the present reign of the Duke of
Cornwall (one of the Prince's titles) his widow shall be paid during her life an annual
sum (at present set at Pounds 60,000). 27
Dr Stephen Cretney has argued that Mrs Parker Bowles’s status will be that of queen,
despite the use of the title princess consort. 28 The Department for Constitutional Affairs (as it
was at the time) confirmed that no amendment is planned to the Civil List Act 1952. 29 A
spokesman for Clarence House said that Mrs Parker Bowles may use the title Princess
Consort rather than Queen without a change in the law. He said: ‘Legislation would only be
required if it was deemed necessary to confirm formally that that she should not have the title
and status of queen.’ 30 It is likely that alterations to the royal succession would require
consent from Commonwealth countries under the Statute of Westminster 1931. 31 However,
no consent would seem necessary for a marriage which does not affect the succession.
Prince Philip was not styled Prince Consort, but was granted the style and patent of a Prince
of the United Kingdom by letters patent of the Queen on 22 February 1957. 32 Halsbury’s
Laws notes that the common law relating to the husband of a queen is not as developed as
the wife of a King, due to the rarity of a Queen regnant in British history. A Queen consort
has distinct prerogatives, which are now largely of historical significance, but remains a
private citizen and has no right to be crowned. 33 Following her divorce from Prince Charles,
Princess Diana was no longer styled Her Royal Highness, but Diana, Princess of Wales. This
indicates the extent to which the royal prerogative can be used to reach an acceptable official
status, without parliamentary involvement.
26
27
28
29
30
31
32
33
Ed John Cannon and Ralph Phillips The Oxford Illustrated History of the British Monarchy, 1988, pp537-8
“Imagine it: Camilla calls a couple of judges and says, Let's oust him”, The Times, 22 February 2005,
“Dr Stephen Cretney” The Times, 22 February 2005
HC Deb 17 March 2005 c461-2
“Prince and Camilla ‘do not want her to be called queen” 23 March 2005 Daily Telegraph
See Library Standard Note SN/PC/683 The Act of Settlement and the Protestant Succession for further details
Halsbury’s Laws Vol 12(1) para 28
Queen Caroline’s Claim to be Crowned (1821) 1 State Trials NS 949
10
The Regency Act 1953 specifically nominated the spouse of Queen Elizabeth, Prince Philip,
to be Regent in the event that it was necessary and that either she has no child or
grandchild, or all such persons are disqualified. 34 Similar arrangements might be expected for
Prince Charles, should he succeed, but these are not necessarily automatic.
4.2
The Civil Ceremony
In his book, King and Country, Robert Blackburn stated that:
From a purely legal perspective, the most astonishing aspect of the royal events of
spring 2005 was the decision for the Prince of Wales and Camilla Parker Bowles to get
married in a civil register office in England. This flew in the face of any conventional
reading of the statute book on marriage law, which expressly excludes members of the
royal family from marriage by way of civil registration. It flew in the face of the standard
legal textbooks and works for reference, which also clearly state that members of the
royal family are excluded from marriage by way of civil registration. It flew in the face
of two famous royal occasions in living memory, 1936 and 1955, when everyone
accepted that members of the royal family could not marry by way of civil registration.
this was, after all, an accepted legal position which had fuelled the abdication crisis
and driven Edward III from the throne, and been a major factor in the painful
termination of Princess Margaret’s high-profile romance with a divorcee. The proposal
put forward in spring 2005 directly contradicted the official legal advice that members
of the royal family could not contract a legal marriage through a civil registry service,
which had been given by previous Lord Chancellors to previous Prime Ministers and
monarchs. 35
Following some weeks of speculation about the applicability of the law on civil marriages to
marriages contracted by the royal family, the Lord Chancellor, Lord Falconer of Thoroton,
made the following written ministerial statement on 23 February 2005:
The Government is satisfied that it is lawful for the Prince of Wales and Mrs Parker
Bowles, like anyone else, to marry by a civil ceremony in accordance with Part III of the
Marriage Act 1949.
Civil marriages were introduced in England by the Marriage Act 1836. Section 45 said
that the Act:
“… shall not extend to the marriage of any of the Royal Family”.
But the provisions on civil marriage in the 1836 Act were repealed by the Marriage Act
1949. All remaining parts of the 1836 Act, including section 45, were repealed by the
Registration Service Act 1953. No part of the 1836 Act therefore remains on the statute
book.
The Marriage Act 1949 re-enacted and re-stated the law on marriage in England and
Wales. The Act covered both marriage by Church of England rite, and civil marriage. It
did not repeat the language of section 45 of the 1836 Act. Instead, section 79(5) of the
1949 Act says that:
“Nothing in this Act shall affect any law or custom relating to the marriage of members
of the Royal Family.”
The change of wording is important, and the significance is not undermined by the fact
that the 1949 Act is described as a consolidation Act. The interpretation of any Act of
34
35
See Halsbury’s Laws Vol 12(1) para 13
Robert Blackburn, King and Country: Monarchy and the Future King Charles III, 2006, p54
11
Parliament, even when it consolidates previous legislation, must be based on the
words used in the Act itself, not different words used in the previous legislation.
In our view, section 79(5) of the 1949 Act preserves ancient procedures applying to
Royal marriages, for example the availability of customary forms of marriage and
registration. It also preserves the effect of the Royal Marriages Act 1772, which
requires the Sovereign’s consent for certain marriages. But it does not have the effect
of excluding Royal marriages from the scope of Part III, which provides for civil
ceremonies. As the heading to section 79 indicates (“Repeals and savings”) it is a
saving, not an exclusion.
We are aware that different views have been taken in the past; but we consider that
these were over-cautious, and we are clear that the interpretation I have set out in this
statement is correct. We also note that the Human Rights Act has since 2000 required
legislation to be interpreted wherever possible in a way that is compatible with the right
to marry (article 12) and with the right to enjoy that right without discrimination (article
14). This, in our view, puts the modern meaning of the 1949 Act beyond doubt. 36
A Clarence House spokesperson was quoted in newspapers at the time as stating that:
“Legal advice was taken from four different sources and all agreed that it is legal for a
member of the Royal Family to marry in a civil ceremony in England”. 37
A number of commentators had drawn attention to opinions suggesting that the Marriage Act
1949 did not apply to any royal marriage.
Dr Stephen Cretney suggested that the Marriage Act 1836 could render the Royal union
‘illegal’. In his view, the legislation which created civil marriages in English law did not permit
members of the Royal Family to contract a civil wedding under the procedures originally
created in 1836. While the act was amended by parliament in 1949, that statute makes no
mention of the Royals. 38 However, in Dr Cretney’s view it would be impossible to argue that
the wedding was invalid: the decision whether to allow the ceremony to go ahead was
entrusted by law to the Registrar-General and he decided to grant a licence.
A 1956 Aide Memoire addressed to the Lord Chancellor noted that:
Marriages of members of the Royal Family are not in the same position as marriages
of other persons. The statutory facilities for civil marriages are not available in England,
but are available in Scotland. In England such marriages are governed by the
Common Law. 39
Similarly a Home Office memo in July 1964 stated:
… marriages of members of the Royal Family are still not in the same position as
marriages of other persons. Such marriages have always been expressly excluded
from statutes about marriage in England and Wales and marriages abroad, and are
therefore governed by the common law. This means that in England and Wales such a
marriage can be validly celebrated only by a clergyman of the Church of England. A
civil marriage before the registrar, and marriage according to the rites of any church
other than the Church of England, are not possible. 40
36
37
38
39
40
HL Deb 23 February 2005 also available at http://www.dca.gov.uk/pubs/statements/royalmarriage.htm
Joshua Rozenburg, “Prince’s civil marriage will be legal, say aides”, Daily Telegraph, 15 February 2005
Ibid
Royal Marriages – Aide Memoire, 10 February 1956
The Royal Marriages Act 1772, 8 July 1964, para 3
12
The earlier statement followed discussions about Princess Margaret. At the time, there was
speculation that she might marry Group Captain Peter Townsend, who had divorced his first
wife. In the event Princess Margaret decided not to marry him:
The following personal message was issued by Princess Margaret from Clarence
House last night:-
“I would like it to be known that I have decided not to marry Group Captain Peter
Townsend. I have been aware that, subject to my renouncing my rights of succession,
it might have been possible for me to contract a civil marriage. But, mindful of the
Church’s teaching that Christian marriage is indissoluble, and conscious of my duty to
the Commonwealth, I have resolved to put these considerations before any others.
“I have reached this decision entirely alone, and in doing so have been strengthened
by the unfailing support and devotion of Group Captain Townsend. I am deeply
grateful for the concern of all those who have constantly prayed for my happiness.”
The message, signed “Margaret,” was dated Monday, October 31. 41
Lord Falconer’s statement suggests that this interpretation was unduly restrictive. The
Human Rights Act 1998 applies to all existing legislation, not just legislation passed after
1998. S3 states:
So far as it is possible to do so, primary legislation and subordinate legislation must be
read and given effect in a way which is compatible with the Convention rights.
But section 3(2) (b) states:
[this act] does not affect the validity, continuing operation or enforcement of any
incompatible primary legislation
However, not all commentators accepted the position outlined by Lord Falconer. David
Pannick QC stated:
Section 79(5) of the 1949 Act added that nothing in that legislation "shall affect any law
or custom relating to the marriage of members of the Royal Family". The whole of the
1836 Act was then repealed by the Registration Service Act 1953. The problem is that
there was in 1949 a custom (based on previous law) of members of the Royal Family
only marrying in church. It is very doubtful that this custom has ceased to exist, and so
Section 79(5) of the 1949 Act still prevents a civil ceremony. To avoid a royal flush of
embarrassment, the Prince and Mrs Parker Bowles need to find an archbishop, or a
42
vicar, who is available at short notice.
For Lord Falconer, the legal row over did not come as much of a surprise. His inner circle
insisted last night that he had been prepared "early last week" to make a statement outlining
his view that a civil ceremony was legitimate. After consulting Tony Blair and other senior
Cabinet colleagues, the written statement was put out on Wednesday. The statement was a
precis of Lord Falconer's advice deemed fit for public consumption rather than the advice
itself. In essence, it breezily argues that the Prince can marry Mrs Parker Bowles under the
1949 Marriage Act, which updated the law on civil marriages. If there were any doubt, he
added, the Human Rights Act of 2000 gave any couple, Royal or commoner, the right to a
civil ceremony "without discrimination".
41
42
“Statement by Princess Margaret”, The Times, 1 November 1955
“Camilla calls a couple of justices and says, Let’s oust him”, The Times, 22 February 2005
13
Both Lord Falconer's senior officials and Downing Street told The Sunday Telegraph that
they could see "no need" for a simple two-clause Bill to "clear up" the confusion, although
they admitted that, constitutionally, they were in "unknown territory" and that no one could
pronounce with any certainty on the likely outcome of any legal challenge to the forthcoming
wedding, were one to be launched. 43
Eleven objections to the wedding were made, under s29 of the Wedding Act 1949.
Objections are made to the local registrar’s office, 44 or the office at which the ceremony will
be officiated. The relevant superintendent general is duty bound to carry out an investigation.
Reverend Paul Williamson of St George’s Church, Hounslow announced that he had
completed an official ‘caveat’. 45 He is an outspoken representative of the evangelical wing of
the Church of England.
The superintendent registrar cannot issue the wedding certificate or proceed with the
wedding until "he has satisfied himself that there is not sufficient evidence of the alleged
impediment" or the caveat is withdrawn altogether. Caveats when received are examined by
the Registrar General. An objector can seek judicial review if he disagrees with the decision
of the Registrar General, but review would only be granted on fairly narrow grounds. 46
Len Cook, Registrar General found that the objections should not be sustained:
The Superintendent Registrars for Chippenham and Cirencester have received and
referred to me 11 caveats objecting to the marriage of The Prince of Wales and Mrs
Parker Bowles. The principal grounds of objection are that the law does not allow The
Prince of Wales to marry in a civil ceremony because:
members of the Royal Family are a special category;
special rules apply to this category; and,
section 79(5) of the Marriage Act 1949 states that 'Nothing in this Act shall affect any
law or custom relating to the marriage of members of the Royal Family' and the
provisions of the 1949 Act governing civil marriages do not therefore apply to
marriages of members of the Royal Family.
I have examined into this matter and I am satisfied that it ought not to obstruct the
issue of a certificate because:
the natural reading of section 79(5) is that it preserves, for example, the Royal
Marriages Act 1772, and the custom of the Royal Family to maintain a Royal Marriage
Register; but
does not exclude members of the Royal Family from Part III of the 1949 Act (as
amended, in particular by the Marriage Act 1994);
a reading of the 1949 Act which prevented The Prince of Wales and Mrs Parker
Bowles from contracting a civil marriage would interfere with their rights under the
European Convention on Human Rights ('the Convention'); and,
section 3 of the Human Rights Act 1998, which requires legislation to be interpreted
and given effect to in a way which is compliant with Convention rights, is a strong
43
44
45
46
“So whose head will roll?” Daily Telegraph, 27 February 2005
For Camilla Parker-Bowles, this is Chippenham
“Charles: the British have no pity”, Observer, 27 February 2005
“Royal challenge”, The Times, 5 March 2005
14
obligation which supports the conclusion that The Prince of Wales and Mrs Parker
Bowles can rely on the provisions of Part III of the 1949 Act.
A number of other points have also been mentioned in the caveats and I have
investigated whether any of these amount to a legal impediment to marriage under the
Marriage Act 1949. I am satisfied that none of these objections should obstruct the
issue of a certificate. 47
The Shadow Attorney General, Dominic Grieve, said that the Opposition would support any
legislation which might be necessary to clarify the status of the civil wedding. 48 The former
Attorney General, Sir Nicholas Lyell called for such legislation and David Pannick stated that
a legal challenge would be necessary to test the argument on the implications of human
rights act legislation. 49
The date of the wedding was changed from 8 April 2005 to 9 April 2005 following the death
of Pope John Paul II, to enable Prince Charles to attend the Pope’s funeral in Rome on 8
April. 50
47
48
49
50
“Statement from Len Cook, Registrar General for England and Wales” 8 March 2005
“Tories back Bill to dispel legal doubts over royal wedding” 25 February 2005 Times
“Charles relies on rights law he despised to validate marriage” 24 February 2005 Times
“HRH Prince Charles to attend funeral of Pope John Paul II” 4 April 2005 Prince of Wales website at
http://www.princeofwales.gov.uk/news/2005/04.apr/pope_funeral.php
15
Friday, March 1, 2013
OPPT: World Monetary System Foreclosure Revealed
Added by GM on February 28, 2013.
Saved under Business, GPS, Headlines, Insiders, Politics, Sam Davis
Tags: top A Social Network for Authors
New Yorker Times
U.S,Capitol Building
Here is part 3 of my series from guest author Andy Whiteley, about the OPPT and what it means for all of us.
How Did The Trustees Achieve Foreclosure?
The OPPT is managed by Trustees Caleb Skinner, Hollis Randall Hillner and Heather Ann Tucci-Jarraf. The OPPT was created when the Trustees bonded themselves to – and as a result resumed – the trust that was framed in the original US Constitution of 1776; the constitution that was abandoned when the United States government was corporatized in 1933.
The OPPT then bonded every individual on the planet to this Trust as the Beneficiaries in equity, known as “the One People, created by The Creator”. By doing so, the Trustees framed a Trust that has a superior claim to any other – the Trust between the Creator and the “states of being” of Earth. The “states of being” of Earth are the beneficiaries of the Creator as the custodians of the Creator’s manifestations on Earth. Lawfully speaking, there can be no higher claim than that of the One People’s Public Trust… except for one made by the Creator.
Our planet’s resources – specified in the UCC filings to be the world’s gold and silver – cannot therefore be owned, sold to us for a price, metered out in ‘salary’ quantities to enslave us, or withheld to create poverty or destitution. Under the One People’s Public Trust, we all have equity. Our planet’s resources now belong to each of us in equal measure. That is our birth right. Now it is law.
Between 2011 and 2012, the Trustees lodged a complex series of filings with the UCC on behalf of its Beneficiary. Full details of the OPPT’s filings with the UCC can be found on their website:
http://peoplestrust1776.org. Be warned: it is very heavy legal reading and designed for the purposes of legal noticing and disclosure, not for communicating OPPT’s actions or their implications to the general public. However the Trustees are working directly with the global ‘alternative media’ community to ensure the public receive accurate, clear and relevant information.
To summarize these documents:
Understanding that corporations, governments and banks are one and the same, an “Order of Finding and Action” was filed against the “the debtor”, a legal entity created via the UCC process which encompasses all corporate entities. The filings claim that the Debtor “knowingly, willingly and intentionally committed treason” by “owning, operating, aiding and abetting private money systems” and “operating Slavery Systems used against… citizens without their knowing, willing and intentional consent”.
UCC filings are public records, and follow standard administrative processes. When facing a claim, an entity (in this case “the Debtor”) is given the right of rebuttal. If a rebuttal is not received within the required timeframe, a default action then applies, followed by termination of that entity; in this case, on the grounds that it failed to rebut charges of treason by “the One People”.
The important thing to understand here is that a UCC filing stands as law if it remains unrebutted. And in this case, the OPPT Trustees ensured they created a legal situation in which the individuals and entities that form “the debtor” had no ability to rebut. How could they? The claims of slavery and fraud are true.
Of course, no rebuttal was received.
The ‘Debtor’ is therefore guilty of treason.
As remedy, corporations are foreclosed and their assets re-claimed.
The wealth of our planet is returned to “the One People”.
All corporate debt is erased.
“The system” is terminated.
The public record shows it.
The UCC filing stands as international law.
By the system’s own terms, it no longer exists.
So What Does All This Mean?
Lawfully, nobody can stand as a superior authority between you and your relationship with the Creator. Having removed the control-mechanisms of economy and government, the One People’s Public Trust leaves individuals in full liability, being personally responsible for themselves and for ensuring the free-will rights of others. There is no longer a structural chain of command. No rules. No corporations to hide behind. You are – as the Creator intended – a Being and a guardian of our planet and its inhabitants.
It’s a MASSIVE paradigm shift, and one that will no doubt take some time to be realized in full.
The systemic barriers that inhibited our free will and choices have now been removed, which poses challenges to the way we view ourselves and the way we make choices in our own lives. We now live – on paper at least – in a system of self-responsibility. The OPPT filings register this in perpetuity, and in such a way that your free will can never be taken away without your knowing consent.
Until now, our existence under the former slavery system has been a constant struggle; a struggle to balance work and family commitments; a struggle just to “make ends meet”, to “afford” a place to live – a place in which to exist.
But in a world of ABUNDANCE designed specifically by the Creator to provide for our needs, this struggle was not a natural state of being. Rather it was the result of psychological warfare played out against us. And it worked! It kept us humans under control, kept us working like good little slaves, and ensured the profits kept rolling in for the privileged few in “power”.
But today, by its own terms, “the system” no longer exists.
Many of us saw “the system” for what it was. Many did not. Many didn’t believe that “the system” was even a system. Many will realize it shortly.
Regardless, as the demise of the old paradigm takes root and becomes apparent in our societies, a psychological change must happen within all of us. It may seem overwhelming, but we humans have dealt with paradigm change before; consider the internal and psychological change required of the African American slave race when the system of involuntary servitude was abolished… of the German people when the Berlin Wall was ordered down in 1989… of the citizens of the former Soviet Union at its dissolution in 1991… of the Egyptian people who removed their dictator in 2011… and of the Icelandic people who imprisoned their corrupt bankers and politicians and re-wrote their constitution in 2012….
This type of psychological revolution is not new. But it does pose many personal challenges.
This is a time to be brave, and to be bravely YOU. In the absence of a controlling structure we must each take control of our destinies, and of the destiny of our planet. We must learn to make choices for ourselves again, and start to create the world WE want to live in.
Just like new parents, we must accept that life will not be the same as it was… and in the absence of a “rule book” we will attune to our instincts and learn to co-operate in new ways….. together.
Why Can’t I See The Change??
Be patient… you will. But first, we need to identify how the actions of OPPT change the lawful landscape, and how that relates to us.
Will the old corporate system go down fighting? Of course it will! Corporate-controlled Governments are going through the motions as though nothing has changed. And if you continue to accept their system of debt slavery, I’m sure the “Powers That Were” will happily continue to accommodate you!
But don’t be fooled: they know what has happened. They know they have been foreclosed. They know the game is over. It is now international law.
We have the freedom to peacefully not co-operate with the old system. It is time to exercise that freedom.
If it seems strange that the visible “governments” are still masquerading as such, bear in mind…. visible governments are corporate puppets, and were never really calling the shots. At this point, the former owners want us to believe it is ‘business as usual’. They have relied heavily on secrecy until now. They will keep pretending to the very end. That is just their way.
OPPT Trustee Heather Ann Tucci-Jarraf provided the following statement in a recent Freedom Radio interview that summarizes her plan to address this matter:
“For those wondering about OPPT’s response to the actions or inactions of those people we can visibly see, it is the wizards and the big-dogs behind the curtain that I am coming for… and they know it. In absolute love and peace, with absolute gratitude and grace… Heather.”
Guest Author Andy Whiteley is the co-founder of Wake up World and is helping the OPPT trustees get the word out.
There will be one more installment in this series coming tomorrow, then on to more info on the One Peoples Public Trust moving forward.
For more information, follow these 2 links.
http://oppt-in.com/
http://www.peoplestrust1776.org/
Sam Davis
You may also like -
U.S,Capitol Building
Here is part 3 of my series from guest author Andy Whiteley, about the OPPT and what it means for all of us.
How Did The Trustees Achieve Foreclosure?
The OPPT is managed by Trustees Caleb Skinner, Hollis Randall Hillner and Heather Ann Tucci-Jarraf. The OPPT was created when the Trustees bonded themselves to – and as a result resumed – the trust that was framed in the original US Constitution of 1776; the constitution that was abandoned when the United States government was corporatized in 1933.
The OPPT then bonded every individual on the planet to this Trust as the Beneficiaries in equity, known as “the One People, created by The Creator”. By doing so, the Trustees framed a Trust that has a superior claim to any other – the Trust between the Creator and the “states of being” of Earth. The “states of being” of Earth are the beneficiaries of the Creator as the custodians of the Creator’s manifestations on Earth. Lawfully speaking, there can be no higher claim than that of the One People’s Public Trust… except for one made by the Creator.
Our planet’s resources – specified in the UCC filings to be the world’s gold and silver – cannot therefore be owned, sold to us for a price, metered out in ‘salary’ quantities to enslave us, or withheld to create poverty or destitution. Under the One People’s Public Trust, we all have equity. Our planet’s resources now belong to each of us in equal measure. That is our birth right. Now it is law.
Between 2011 and 2012, the Trustees lodged a complex series of filings with the UCC on behalf of its Beneficiary. Full details of the OPPT’s filings with the UCC can be found on their website:
http://peoplestrust1776.org. Be warned: it is very heavy legal reading and designed for the purposes of legal noticing and disclosure, not for communicating OPPT’s actions or their implications to the general public. However the Trustees are working directly with the global ‘alternative media’ community to ensure the public receive accurate, clear and relevant information.
To summarize these documents:
Understanding that corporations, governments and banks are one and the same, an “Order of Finding and Action” was filed against the “the debtor”, a legal entity created via the UCC process which encompasses all corporate entities. The filings claim that the Debtor “knowingly, willingly and intentionally committed treason” by “owning, operating, aiding and abetting private money systems” and “operating Slavery Systems used against… citizens without their knowing, willing and intentional consent”.
UCC filings are public records, and follow standard administrative processes. When facing a claim, an entity (in this case “the Debtor”) is given the right of rebuttal. If a rebuttal is not received within the required timeframe, a default action then applies, followed by termination of that entity; in this case, on the grounds that it failed to rebut charges of treason by “the One People”.
The important thing to understand here is that a UCC filing stands as law if it remains unrebutted. And in this case, the OPPT Trustees ensured they created a legal situation in which the individuals and entities that form “the debtor” had no ability to rebut. How could they? The claims of slavery and fraud are true.
Of course, no rebuttal was received.
The ‘Debtor’ is therefore guilty of treason.
As remedy, corporations are foreclosed and their assets re-claimed.
The wealth of our planet is returned to “the One People”.
All corporate debt is erased.
“The system” is terminated.
The public record shows it.
The UCC filing stands as international law.
By the system’s own terms, it no longer exists.
So What Does All This Mean?
Lawfully, nobody can stand as a superior authority between you and your relationship with the Creator. Having removed the control-mechanisms of economy and government, the One People’s Public Trust leaves individuals in full liability, being personally responsible for themselves and for ensuring the free-will rights of others. There is no longer a structural chain of command. No rules. No corporations to hide behind. You are – as the Creator intended – a Being and a guardian of our planet and its inhabitants.
It’s a MASSIVE paradigm shift, and one that will no doubt take some time to be realized in full.
The systemic barriers that inhibited our free will and choices have now been removed, which poses challenges to the way we view ourselves and the way we make choices in our own lives. We now live – on paper at least – in a system of self-responsibility. The OPPT filings register this in perpetuity, and in such a way that your free will can never be taken away without your knowing consent.
Until now, our existence under the former slavery system has been a constant struggle; a struggle to balance work and family commitments; a struggle just to “make ends meet”, to “afford” a place to live – a place in which to exist.
But in a world of ABUNDANCE designed specifically by the Creator to provide for our needs, this struggle was not a natural state of being. Rather it was the result of psychological warfare played out against us. And it worked! It kept us humans under control, kept us working like good little slaves, and ensured the profits kept rolling in for the privileged few in “power”.
But today, by its own terms, “the system” no longer exists.
Many of us saw “the system” for what it was. Many did not. Many didn’t believe that “the system” was even a system. Many will realize it shortly.
Regardless, as the demise of the old paradigm takes root and becomes apparent in our societies, a psychological change must happen within all of us. It may seem overwhelming, but we humans have dealt with paradigm change before; consider the internal and psychological change required of the African American slave race when the system of involuntary servitude was abolished… of the German people when the Berlin Wall was ordered down in 1989… of the citizens of the former Soviet Union at its dissolution in 1991… of the Egyptian people who removed their dictator in 2011… and of the Icelandic people who imprisoned their corrupt bankers and politicians and re-wrote their constitution in 2012….
This type of psychological revolution is not new. But it does pose many personal challenges.
This is a time to be brave, and to be bravely YOU. In the absence of a controlling structure we must each take control of our destinies, and of the destiny of our planet. We must learn to make choices for ourselves again, and start to create the world WE want to live in.
Just like new parents, we must accept that life will not be the same as it was… and in the absence of a “rule book” we will attune to our instincts and learn to co-operate in new ways….. together.
Why Can’t I See The Change??
Be patient… you will. But first, we need to identify how the actions of OPPT change the lawful landscape, and how that relates to us.
Will the old corporate system go down fighting? Of course it will! Corporate-controlled Governments are going through the motions as though nothing has changed. And if you continue to accept their system of debt slavery, I’m sure the “Powers That Were” will happily continue to accommodate you!
But don’t be fooled: they know what has happened. They know they have been foreclosed. They know the game is over. It is now international law.
We have the freedom to peacefully not co-operate with the old system. It is time to exercise that freedom.
If it seems strange that the visible “governments” are still masquerading as such, bear in mind…. visible governments are corporate puppets, and were never really calling the shots. At this point, the former owners want us to believe it is ‘business as usual’. They have relied heavily on secrecy until now. They will keep pretending to the very end. That is just their way.
OPPT Trustee Heather Ann Tucci-Jarraf provided the following statement in a recent Freedom Radio interview that summarizes her plan to address this matter:
“For those wondering about OPPT’s response to the actions or inactions of those people we can visibly see, it is the wizards and the big-dogs behind the curtain that I am coming for… and they know it. In absolute love and peace, with absolute gratitude and grace… Heather.”
Guest Author Andy Whiteley is the co-founder of Wake up World and is helping the OPPT trustees get the word out.
There will be one more installment in this series coming tomorrow, then on to more info on the One Peoples Public Trust moving forward.
For more information, follow these 2 links.
http://oppt-in.com/
http://www.peoplestrust1776.org/
Sam Davis
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