Canonum De Ius Positivum
Canons of Positive Law

one heaven iconVII.   Law

7.14 Corruption of Law

Article 326 - Guardians (Board) Council

Canon 3364 (link)

The Board of Guardians, later known as “Guardian Committee” and simply as the “Council” of a County or Borough is a formal geographically bound body, constituted by various public statutes, granting certain legal authority and duty of care to its selected and appointed members for the physical, mental, personal and property interests of others, now commonly called “wards”. In most western nations today, the Board of Guardians is effectively the Town, City, County or Borough Council.

Canon 3365 (link)

In 1834, British Parliament introduced the Poor Law Amendment Act (1834) which reorganized the Church of England parishes into unions which were then be responsible for the poor in their area and administered by a Board of Poor Law Guardians, also known as the Board of Guardians. The Board was assisted by a new office known as the Clerk of the Board of Guardians, also known as the “Clerk of the Guardians” being an additional title granted to the existing local Clerk of the Peace responsible for administering the records and matters of the Magistrates Court of the area.

Canon 3366 (link)

The Clerk of the Peace, assuming the powers of Clerk of the Guardians as well as Clerk of the Magistrates from 1836 onwards was granted even greater power as the Registrar of the Court of Record and responsible for the accurate recording of births, deaths,marriages and events within the parish union. Importantly, the Clerk of the Guardians was said to be “in custody” of all persons on the poor rolls on account of their name being registered at birth.

Canon 3367 (link)

From 1871 onwards, the Board of Guardians and Clerk of Guardians were granted even more guardian responsibilities with the creation of “districts” called Sanitary Districts governed by a Sanitary Authority responsible for various public health matters including mental health legally known as “sanity” through the Local Government Act of 1871, Public Health Act 1872 and Public Health Act 1875. The Boards of Guardians and Clerk of Guardians were also granted guardianship over minors through the Guardianship of Infants Acts 1886 and 1925.

Canon 3368 (link)

Significantly, from 1879 with the Summary Jurisdiction Act (1879), the Clerk of the Peace, also known as the Clerk of the Guardians, also known as the Clerk of the Magistrates, also known as the Registrar of the Court of Record was granted the powers of the Clerk of the Privy Council as their agent for summary judgment matters.  Thus when the Clerk of the Magistrates or their agent such as a Justices’ Clerk issued a summons or warrant under Crown seal, the matter could be handled as a summary judgment simply by evoking these extraordinary powers over all subjects, regardless of whether they were poor, insane or a minor.

Canon 3369 (link)

In 1929 in the United Kingdom with the Local Government Act (1929), the Boards of Guardians as well as the position of Clerk of Guardians were finally “abolished” by allocating their powers to a different office:

(i) Board of Guardians became Council of a County or Borough; and

(ii) Clerk to the Guardians became Clerk of the County Council or Town Clerk; and

(iii) Guardian as an individual became a member of the Council of a County or Borough; and

(iv) Poor Law Union became a County or Borough.

Canon 3370 (link)

In most western countries following Roman Cult law and English law, the Town Clerk remains effectively the “Clerk of the Guardians”, the “Clerk of the Peace”, the “Agent of the Clerk of the Privy Council”, the “Clerk of the Magistrates” and “Registrar of the Court of Record” with the Justices’ Clerks of Magistrates Courts their agent possessing the claimed power to conclude summary judgments.

Canon 3371 (link)

Based on the continued claimed powers of the Clerk and their agents, a Magistrates Court is effectively a Court of Wards and Guardians with a hearing effectively either "examination" or a "summary judgment" for petty matters limited by cost and penalty.

Canon 3372 (link)

Upon the presumptions of power claimed by the Clerks, when one attends a Roman law Magistrates Court, it is presumed one has consented to being treated as a Ward unless such presumptions are rejected before attendance or immediately upon being brought forcibly before the Magistrates Court.

Canon 3373 (link)

As the claimed authority of Councils and Boards of Commissioners in their capacity as “Boards of Guardians” is founded on a history of fraud and the disenfranchisement of men and woman from their rightful inheritance through voluntary enslavement and admission to being "paupers", such powers are wholly without legitimacy and lawful effect.

Canon 3374 (link)

Given the claimed authority and powers of the Town Clerk and their agents by claiming historic authority as effectively the “Clerk of the Guardians”, the “Clerk of the Peace”, the “Agent of the Clerk of the Privy Council”, the “Clerk of the Magistrates” and “Registrar of the Court of Record” is based on a historic of fraud, voluntary enslavement and false premise, all authority and power of Justices’ Clerks of Magistrates Courts and their principal is null and void from the beginning.