|
IN THE SUPREME COURT
OF NEW SOUTH WALES
SYDNEY REGISTRY
COMMON LAW DIVISION File No: 20137/00
AFFIDAVIT
I, John Wilson of 19 Elm Place, North Rocks in the State of New South Wales, say on oath:
1. I am the Deponent.
2. The following is taken from the Bill of Rights 1688 and I truly believe
is relevant and important to my suit for unlawful imprisonment against the State of New South Wales initiated by my Statement of Claim filed 11 April 2000 and supported by my subsequent Affidavits:-
"BILL OF RIGHTS 1688:
An Act Declareing the Rights and Liberties of the Subject...
Whereas the late King James the Second by the Assistance of diverse evill Counsellors Judges and Ministers
imployed by him did endeavour to subvert and extirpate the Protestant Religion and the Lawes and Liberties of this Kingdome.
1. By Assumeing and Exercising a Power of Dispensing with and Suspending of Lawes and
the Execution of Lawes without consent of Parlyament.
2. By Committing and Prosecuting diverse Worthy Prelates for humbly Petitioning to be excused from Concurring to the said Assumed power....
9. And
whereas of late years Partial Corrupt and Unqualifyed Persons have been returned and served on Juryes in Tryalls and particularly diverse Jurors in Tryalls for High Treason which were not Freeholds.
10. And
excessive Baile hath beene required of Persons committed in Criminall Cases to elude the Benefitt of the Lawes made for the Liberty of the Subjects.
11. And excessive Fines have been imposed.
12. And illegal and cruell Punishments inflicted.
.......for the Choosing of such Persons to represent them as were of right to be sent to Parlyament .. in order an Establishment as that their Religion
Lawes and Liberties might not againe be in danger of being Subverted .... For the Vindicating and asserting their auntient Rights and Liberties, Declare:
1. That the pretended Power of Suspending of Lawes or the
Execution of Lawes by Regall Authority without Consent of Parlyament is illegal.
2. That the pretended Power of Dispensing with Lawes or the Execution of Lawes by regal Authoritie as it hath beene assumed and
exercised of late is illegal.
10. That excessive baile ought not to be required nor excessive Fines imposed nor cruell and unusuall Punishments inflicted.
11. That Jurors ought to be duely impannelled and
returned and jurors passe upon Men in Tryalls for High Treason ought to be Freeholders.
12. That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegal and void.
And they do Claime Demand and Insist upon all and singular the Premises as their undoubted Rights and Liberties and that noe Declarations Judgments Doeings or Proceedings to the Prejudice of the People in any of
the said Premises ought in any wise be drawne hereafter into Consequence or example. To which Demand of their Rights they are particularly encouraged by the declaration of his highness the Prince of Orange as
being the onley means for obtaining a full Redresse and Remedy therein.
...... two Houses of Parlyament should continue to sitt and with their Majesties Royall Concurrence make effectuall Provision for the
Settlement of the Religion Lawes and Liberties of this Kingdome soe that the same for the future might not be in danger againe of being subverted,..
..... by Authority of parlyament doe pray that it may be
declared and enacted That all and singular the Rights and Liberties asserted and claimed in the said Declaration are the true auntient and indubitable Rights and Liberties of the People of this Kingdome and soe
shall be esteemed allowe adjudged deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said Declaration And all
Officers and Ministers whatsoever shall serve their Majestyes and their Successors according to the same in all times to come.
And bee it further declared and enacted by the Authoritie aforesaid That from and
after this present session of Parlyament noe Dispensation by Non obstante of or to any Statute or any part thereof shall be allowed but that the same shall be void and of noe effect Except a Dispensation be allowed
of in such Statute (and except in such Cases as shall be specially provided for by one or more Bill or Bills to be passed dureing this present session of Parliament).
Provided that noe Charter or Grant or
Pardon granted before the three and twentyeth Day of October in the yeare of our Lord one thousand six hundred eighty nine shall be and remaine of the same force and effect in Law and noe other then as if this Act
had never beene made. OOo"
3. I truly believe that the Bill of Rights guarantied for all time the right of a subject of the Crown to trial by jury
4. I truly believe that there is no law
passed by any Parliament in Australia which excludes or denies the right of trial by jury for contempt of court. And I truly believe that if there were such a law that law would be void, inoperable and
repugnant to the Common Law.
5. I truly believe that the Bill of Rights 1688 expressed the Will of the People as did the Australian Referendum 1988 when the right to trial by jury was re-affirmed.
6. I
truly believe that the passage, "Whereas the late King James the Second by the Assistance of diverse evill Counsellors Judges and Ministers imployed by him did endeavour to subvert and extirpate the
Protestant Religion and the Lawes and Liberties of this Kingdome", can be applied today in the sense that the Crown is vicariously responsible for corrupt Judges endeavouring to subvert and extirpate the
laws and liberties of Australia.
7. I truly believe that the passage, "By Assumeing and Exercising a Power of Dispensing with and Suspending of Lawes and the Execution of Lawes without the consent
of Parlyament", can be applied today in the sense that the Judges are assuming and exercising a power of dispensing with laws and the execution of practices without the consent of the people and that the
Parliament can also be held accountable to the people for endeavouring, in 1988 prior to defeat at the hands of people at the Referendum, to subvert and extirpate the laws and liberties of Australia by
having passed through the both Houses a "proposed law" to extinguish the right to trial by jury for contempt of court and courts martial.
......John Wilson.......
Sworn at ...North Rocks........
on this ...31st.....day of ...May... 2000
before me ......A. Burrows............
(Justice of the Peace) 7100108
|
