Canonum De Ius Fidei
Canons of Fiduciary Law

one heaven iconI.   Introductory Provisions

1.2 Concepts

Article 5 - Trustee

Canon 7007 (link)

A Trustee is an Office formed by a valid Oath and Vow to the Terms of Trust to take possession of certain Rights and Property from a Trustor and perform certain Obligations. The manner and character of a Trustee may be described as a position of Trust which is equivalent to the term Fiduciary.

Canon 7008 (link)

The origin of the concept of Trustee and the fact that such an Office cannot exist except under sacred Oath and Vow is as old as the origin of civilized society and law itself and has been one of the most constant concepts of law throughout every age and era. It is founded on the most basic principle that a man or woman cannot legitimately possess the rights or property of others, unless they demonstrate the most exemplary and scrupulous character of good faith, good character and good conscience. Therefore, any repudiation of this fundamental concept is the repudiation of the Rule of Law and law itself.

Canon 7009 (link)

The valid Oath and Vow taken as to the Terms and Conditions of Trust creates the Office of Trustee. Therefore in the absence of a valid Oath and Vow, no Office may exist.

Canon 7010 (link)

The Office of Trustee can only exist and be valid if all the following criteria exist:

(i) The Trustor has the proper authority to grant, donate, assign or delegate the property for the proposed Trust; and

(ii) Clear purpose, intent and terms for the proposed Trust exist; and

(iii) Certainty of subject matter (the property) exists for the proposed Trust exists; and

(iv) The candidate for Trustee comes with good faith, good character and good conscience; and

(v) The candidate for Trustee accepts the position with full knowledge of the terms and obligations; and

(vi) The candidate makes a formal sacred oath to a higher Divine power upon a sacred object representing the form of law connected to such higher Divine power, before witnesses; and

(vii) The event of making such a formal sacred oath is memoralized into some document, that itself is signed, sealed and executed.

Canon 7011 (link)

When a person who claims to be a Trustee, but evidence exists of one or more of the following elements, then such a person is an imposter with no such Office or Trust existing:

(i) Where a person belongs to a religion, society, entity or order that is recorded as performing any formal or sacred ritual to repudiate Oaths or Vows made in the past or into the future; or

(ii) Where a person belongs to a religion, society, entity or order that requires the making of one or more Oaths or Vows that are contradictory to the Golden Rule and Rule of Law, Justice and Due Process; or

(iii) Where a person belongs to a religion, society, entity or order that requires the making of one or more Oaths or Vows that result in behavior that results in less than exemplary character of honesty and fidelity and the disregard of good faith, good character and good conscience; or

(iv) Where one or more of the criteria for the valid creation of the Office of Trustee does not exist.

Canon 7012 (link)

No judge, magistrate or justice of the peace may adjudicate any matter of law within a competent forum of law or oratory unless they are presently a valid Trustee under Oath and secondly prepared to demonstrate under Oath the exemplary characteristics of a valid Trustee or valid Fiduciary:

(i) As a valid Oath is required to create and sustain the Office judge, or magistrate or justice of the peace, the absence of a valid Oath of Office means such a person is the worst kind of imposter an without any legitimacy whatsoever; and

(ii) As any adjudication concerning rights or property requires exemplary character, any judge, magistrate or justice of the peace that is unwilling or refuses to be entrusted under Oath by all parties to perform in good faith, good character and good conscience is not a valid Fiduciary.

The disregard to such fundamental principles may be properly construed as a formal as an official admission of the absence of any proper Rule of Law, Justice or Due Process.

Canon 7013 (link)

The eight standard characteristics of a Trustee as Fiduciary are Integrity, Frugality, Prudence, Humility, Faculty, Competence, Accountability and Capacity:

(i) Integrity is the characteristic of possessing a strict moral or ethical code as exemplified by the trinity of virtue (Good Faith, Good Character and Good Conscience); and

(ii) Frugality is the characteristic of being economical and thrifty in the good use of those resources in ones possession or custody. The opposite of waste; and

(iii) Prudence is the characteristic of being practical, cautious, discrete, judicious and wise in the management of the affairs of the trust; and

(iv) Humility is the characteristic of being modest, without pretention or loftiness; and

(v) Faculty is the characteristic of possessing skill and ability in order to perform the obligations of trustee; and

(vi) Competence is the characteristic of being fit, proper and qualified to produce and argue reason through knowledge and skill of Law, Logic and Rhetoric; and

(vii) Accountability is the characteristic of being answerable and liable to faithfully render an account for all acts and transactions; and

(viii) Capacity is the characteristic of possessing the legal and moral authority to hold such office, including demonstrating all the previous necessary characteristics.

Canon 7014 (link)

A valid Trustee is responsible for the following thirty-three (33) Administrative Elements of Trust being Rules, Standards, Forms, Procedures, Instruments, Transactions, Notices, Books, Registers, Rolls, Claims, Vouchers, Sureties, Assets, Liabilities, Credits, Debits, Accounts, Records, Manifests, Inventories, Memoranda, Journals, Ledgers, Summaries, Certificates, Audits, Transfers, Conveyances, Computations, Valuations, Derivations  and Hypothecations:

(i) Rules are the ordinances, regulations or by-laws of the Trust as defined by its constituting Instrument; and

(ii) Standards are the principles, means and measures of excellence used to compared the results of all activities and administrative duties; and

(iii) Forms are the model of certain Instruments prescribed by law or the constituting Instrument of the valid Trust, Estate or Fund and the manner by which they must be correctly completed, the method of their use and the matters to which they may apply; and

(iv) Procedures are ways and methods of performance of obligations and administrative duties, usually in association with one or more Forms; and

(v) Instruments are the legally formed documents received and issued by the Trust and held in Chancery; and

(vi) Transactions are all the communications, deals, exchanges, transfers, conveyances and proceedings of the Trust; and

(vii) Notices are both Instruments and service of process by which one or more Parties are made aware of any formal legal matter that may affect certain rights, obligations and duties; and

(viii) Books are traditionally stitched spine bound books used to create Registers, Accounts, Inventories, Memoranda, Journals and Ledgers; and

(ix) Registers are tables of one or more records of the receiving or granting or claiming of rights, privileges or property of a valid Trust or Estate or Fund in relation to one or more persons; and

(x) Rolls are types of tables and Register of one or more records being “legal persons” of the same condition or entered in the same engagement of obligations in relation to a valid Trust or Estate or Fund and created by their valid entry into the Roll; and

(xi) Claims are the oral or written assertion of a valid Right against another party regarding the possession or ownership of some property or thing withheld from the possession of the claimant; and

(xii) Vouchers are are written or printed Instruments such as a note, or receipt, or bill of particulars, or acquittance, or release which shows on what account or by what authority a payment has been made and serving as evidence of payment or discharge of a debit, or to certify the correctness of accounts; and

(xiii) Sureties are written promises to pay or perform as a guarantee and therefore security against some other obligation or liability; and

(xiv) Assets are Valuations entered into the Accounts of a Trust, or Estate, or Fund calculated at the time of an Inventory or by a special Valuation for each and every valid Record of Rights, Property and Title within the control of the Trust, or Estate, or Fund; and

(xv) Liabilities are Valuations entered into the Accounts of a Trust, or Estate, or Fund calculated at the time of an Inventory or by a special Valuation for each and every valid Record of an Obligation or Debit or within the performance and responsibility of the Trust, or Estate, or Fund; and

(xvi) Credits are Accounting computations of the addition of numbers to a particular type of Account within a Ledger associated with the posting of Journal entries and general practices of Accounting; and

(xvii) Debits are are Accounting computations of the deductions of numbers to a particular type of Account within a Ledger associated with the posting of Journal entries and general practices of Accounting; and

(xviii) Accounts are tabulations and summary arrangement of computations, valuations and derivations on the nature, value and disposition of objects, concepts and property of a valid Trust or Estate or Fund; and

(xix) Records are entries into Memoranda, Registers or Rolls; and

(xx) Manifests are evidential history of the provenance, possession and ownership of any property, rights, money and other interests now recorded as associated with the Trust or Estate or Fund; and

(xxi) Inventories are being a detailed survey of all property, assets and liabilities, debits or credits of a valid Trust, or Estate or Fund completed immediately after its creation and thereafter at an appointed on a given day; and the stock of particular items and their location or business; and

(xxii) Memoranda are the Books of details of Records of all transactions associated with the Trust or Estate or Fund, including minutes, resolutions, letters, correspondence, decisions and procedural actions recorded in day and time order; and

(xxiii) Journals are Books derived as summary extracts of information from Memoranda and arranged in category order and then day/time order to produce a summary of facts, evidence, quantities and relations for the purpose of accounting and reckoning of the debits and credits of the Trust or Estate or Fund; and

(xxiv) Ledgers being Books that summarize information extracted from Journal entries to produce the most concise reckonings and balances of debits and credits, assets and liabilities of the Trust or Estate or Fund; and

(xxv) Summaries are extracts of a Ledger Balance or Simple Balance of Assets and Debits, or Concessions and Remittances or other elements to provide statements, reports, disclosures required in the operation of the Trust or Estate or Fund; and

(xxvi) Certificates are official, authorized and acknowledged extracts of Records of the Trust; and

(xxvii) Audits are annual surveys of the administrative elements of a Trust to determine if the Rules and Standards have been properly met; and

(xxviii) Transfers are the passing of possession and holding of certain rights, titles or objects of property; and

(xxix) Conveyances are the passing of ownership of certain rights, titles or objects of property; and

(xxx) Computations are the summarizing, calculation and reckoning of arithmetic numbers and values associated with the Trust and Trust property; and

(xxxi) Valuations are estimations using some standard unit of measure and account, of the value or worth of an object or concept as property; and

(xxxii) Derivations are forms derived from another and possessing a value depending upon the underlying asset from which it was derived; and

(xxxiii) Hypothecations are pledges of an underlying asset associated with some Derivation of value as further surety to the Derivation, without delivering temporary possession or ownership of the pledged asset.

Canon 7015 (link)

A valid Trustee may be appointed under the circumstances of Foundation, Death, Abandonment, Resignation, Refusal or Contestation:

(i) Foundation is when a new Trust is formed and a Trustee is appointed in accordance with the Instrument or Deed for the first time; and

(ii) Death is when an existing Trustee dies and a vacancy is declared; and

(iii) Abandonment is when a Trustee is away from the domicile of the Trust for more than two years without word or adequate response; and

(iv) Resignation is when a Trustee applies for resignation of duties of office; and

(v) Refusal is when a Trustee refuses to act in the manner and characteristics required of such Office; and

(v) Contestation is when the competency or legitimacy of a Trustee is challenged and upheld by a competent forum of Law before three Trustees, requiring the resignation of the Trustee.

Canon 7016 (link)

A person is forbidden to act directly as Trustee in their own affairs and property or the affairs, property and estates of others under the following conditions:

(i) When the Trustee is presently a Newborn (under the age of 2); or

(ii) When the Trustee is presently a Child (under the age of 13); or

(iii) When a Trustee is presently a Youth (under the age of 21); or

(iv) When a person has been found culpable in accord with the present Canons and Rule of Law to be ethically and morally unfit to act in the capacity of a Trustee; or

(v) When a person has been found mentally incompetence and mentally incapable in accord with the present Canons to act in the capacity of a Trustee.

Canon 7017 (link)

The first appearance of the concept of Trustee in statute under Western-Roman law originates under King Charles II of England through the laws of Westminster in 1676 under (29 Car 2 c.3) in relation to the historic shift from the custom of auricular testimony under oath to written evidence as primacy proof concerning all Trusts and conveyances:

(i) From 1676 (29 Car. 2 c.3), documents and “paper” took precedence in Western-Roman Law concerning the establishment and existence of valid Trusts, Wills and Testaments, Conveyances, Titles and Agreements to the detriment of auricular testimony; and

(ii) The fundamental role of Oaths in the history of civilization in forming sacred and valid Trusts were deliberately diminished by Westminster in 1695 (8 Will. III c.34) and the promotion of anti-Oath sects based on absurd corruptions inserted into the Holy Bible to imply Oaths were contrary to Divine Law. The Quakers were granted exemption from Oaths through the concept of Affirmation and Quakers then promoted to “Trustee” roles in Banks, Merchant Industries and Civil Service dealing with property”; and

(iii) The “State” and its agents assuming greater powers and control as Trustees under Western-Roman Law was significantly extended under Queen Anne in 1707 (6 Ann. c.18) concerning people presumed “dead” and in 1708 (7 Ann. c.19) concerning the property of “infants”. In both cases, the concept of “secret trusts”, also known as “cestui que vie trusts” were used and to be administered by the crown as Trustee; and

(iv) In 1731 (4 Geo. II c.10) under King George II of Great Britain, Westminster expanded the power and scope of itself as Trustees and the use of “cestui que vie trusts” to include the concept of the property of “lunatics” and “idiots” being held in such trusts; and

(v) In 1775, Westminster and the Bank of England were sufficiently confident to enclose the very concept of a valid Oath for the first time in civilized history through (25 Geo.III c.39) by claiming Justices of the Peace then be empowered to administer (valid) Oaths. Thus the evidence in writing of a valid oath and then witnessed in writing by a Justice of the Peace became primary proof, not the auricular event itself and associated witnesses; and

(vi) In 1825 (6 Geo. IV c.74), with the Bank of England assuming effectively the role of the Crown (Corporation), Westminster consolidated and then expanded its powers and authorities as Trustees by combining the concepts of cestui que vie trusts for “idiots, lunatics, infants or trustees of unsound mind” ensuring that such property was to be administered by the Bank of England; and

(vii) In 1850 (13 & 14 Vict. c.60), Westminster revised the laws concerning property held by Trustees and Mortgagees with particular emphasis in watering down the historic nature of Trusts and Trustees to include the concepts of “implied and constructive trusts” being fictions and pseudo-trusts resembling (in name) trusts but having none of the customary characteristics with the operation of such pseudo trusts being determined by the laws of Westminster. Hence, the birth of deliberately false trusts being nothing more than implied contracts; and

(viii) In 1872 (35 & 36 Vict. c.79) Westminster extended the concept of secret “implied or constructive” cestui que vie trusts to all persons by assuming all people who do not redeem themselves are by default some form of idiot, lunatic, infant or trustee of unsound mind. Under the guise of “health”, sanitary districts were identified as “wards” for implied lunatics. The effect being that the Bank of England operating as the Crown was now the “trustee” for all persons in England, Great Britain and the Dominions and Colonies of England and Great Britain.

(ix) In 1888 (51 & 52 Vict. c.59) and then in 1893 (56 & 57 Vict. c.53) the role of the Trustee fundamentally changed from executor and administrator to a role with full investment and personal wealth creation capacity. Now, agencies, corporations, independent contractors and other bodies “acting” in the capacity of a trustee (such as judges, magistrates and others) stood to obtain substantial financial enrichment in complete contradiction to the public expressed history and principles of fiduciary responsibility and trust. Thus, the end of any pretence of Rule of Law for Great Britain and its dominions and previous colonies can be said to be this watershed in defiling all known respect for law.