VII. Law
7.6 Creation of Law
Article 281 - Statute
A Statute is a valid law created by a Precept, or Rescript, or Order or Deed approved by a Legislative Act under fiduciary authority and then assented by a superior sovereign Authority within the limits of the established authority of the Juridic Person or Society or Body Politic in accord with these canons.
All Statutes may be categorized according to three types, defined by the authority and standing of the members of the Body Politic, the primary form of the Statute and the limits of established authority under law of the Juridic Person or Body Politic being Ordinance, Regulation and Policy:
(i) Ordinance is the highest form of Statute, promulgated through religious practice and ritual by spiritual officials under solemn vow in accord with prescribed Ecclesiastical Law and Sacred Scripture. The word Ordinance is derived from two Latin Words Ordo and Nuntius meaning literally “an order from a spiritual messenger or body”; and
(ii) Regulation is the second highest form of Statute, promulgated under sovereign authority, through fiduciary procedures by fiduciary officers under solemn oath, in accord with established Sovereign Law, Ecclesiastical Law and Sacred Scripture. The word Regulation is derived from the Latin word Regula meaning literally “sovereign rule enacted by process or ritual”; and
(iii) Policy is the lowest form of Statute, promulgated under commissioned (agency) authority, by agents possessing commissions or licenses, in accord with established Bylaws. The word Policy is derived from two Latin words Polis and Cio meaning literally “government summons; or call or action of a set of bylaws”.
The key elements of the form of a valid Statute are:
(i) Legislative Act means a Statute is created in accord with the Legislative Rules and Procedures (Rituals) of the Juridic Person, or Body Politic from which the Statute is to be issued; and
(ii) Legislative Right means a Statute can only be formed as a Legislative Act if it is done within the limits of the established authority and rights of the Juridic Person or Body Politic from which it is promulgated. No Statute may claim powers and rights greater than is bestowed to the Juridic Person under whose laws it is promulgated; and
(iii) Written Law means a Statute must be in writing and therefore must be in legible writing and printing on quality paper, parchment or vellum in accord with the Legislative Rules and Procedures (Rituals) of the Juridic Person, or Body Politic from which the Statute is to be issued; and
(iv) Proper Jurisdiction means a valid Statute only applies to the Jurisdiction of the Juridic Person or Body Politic under whose laws it is promulgated. No Statute may exceed the Jurisdiction and Authority of the Juridic Person or Body Politic making it; and
(v) Proper Possession means a valid Statute can only decree, prescribe, define, grant or convey Property which is morally and rightfully in possession and control of the Juridic Person or Body Politic. No Statute may seek to convey Property which is not in the control and possession of the Juridic Person under whose laws it is promulgated; and
(vi) Proper Form means a valid Statute can only decree, prescribe, define or grant certain rights or permissions or prohibitions, or repeal or amend previous Statutes if it conforms to the proper form as prescribed for an Ordinance, or Regulation or Policy. A Policy Statute cannot amend a Regulation Statute; Nor can a Regulation Statute amend an Ordinance Statute; and
(vii) Proper Law means a valid Statute must be framed as proper law, devoid of impossible acts, or prohibited claims, or abrogations of natural rights, or morally repugnant assertions or intentions that openly defy the Ecclesiastical Law and Sacred Scripture that is the foundation of law for the Juridic Person or Body Politic; and
(viii) Proper Consent means a valid Statute by the very nature of a Legislative Act requires that the members of the Body Politic representing all members of the Society or Juridic Person consent to its promulgation as well as any Superior Authority in accord with the prescribed Legislative Rules and Procedures. A Statute devoid of proper consent is automatically null and void; and
(ix) Proper Notice means a valid Statute cannot have force or effect of law unless it has been promulgated and noticed to all who are charged with its enforcement and are liable to obey its conditions. A failure of Proper Notice renders a Statute null and void even if all other conditions are fully met.
All valid Statutes in the proper form of an Ordinance, or Regulation or Policy may be further defined as General or Public and Special or Private:
(i) A General or Public Statute is an universal rule, that regards the whole community. All competent forums of law and courts of the Juridic Person or Society are bound to take notice judicially and exofficio without the Statute having to be particularly pleaded or formally set forth as a precedent; and
(ii) A Special or Private Statute are rather exceptions than rules, being those which only operate upon particular persons, and private concerns. All competent forums of law and courts of the Juridic Person or Society are not bound to take notice, unless such Statutes are shown and pleaded.
All valid Statutes may be defined according to their intended purpose and effect in law being Declaratory, Remedial, Amending, Consolidating, Disabling, Enabling, Franchise or Penalty:
(i) Declaratory is when a Statute does not profess to make any alteration to the existing body of laws, but merely to explain or declare or provide further clarity to its purpose and function; and
(ii) Remedial is when a Statute directly alters some existing precept, rule or principle of the body of laws of the Juridic Person, or Society; and
(iii) Amending is when a Statute alters or repeals or restores an existing and previously promulgated Statute (which may then also be Remedial, or Disabling or Enabling in its effect); and
(iv) Consolidating is when a Statute consolidates the clauses and terms of previous Statutes relating to the same subject matter (which may then also be Declaratory, or Remedial, or Disabling or Enabling in its effect); and
(v) Disabling is when a Statute restrains the alienation of certain Property or Rights; and
(vi) Enabling is when a Statute removes restrictions or disabilities pertaining to the alienation or franchising of certain Property or Rights; and
(vii) Franchising is when a Statute grants, or gives, or assigns or delegates certain Property and Rights; and
(viii) Penalty is when a Statute imposes some fine or forfeiture against some prohibited act.
Any Statute founded on fraud is unenforceable as law.