III. Rights
3.1 Rights
Article 69 - Rights
A valid Right is a positively defined Capacity, or Privilege, or Liberty, or Faculty, or Power, or Ownership, or Possession, or Interest, or Benefit and its associated obligation, remedy or relief held in Trust for the benefit of a particular type of named or unnamed Person under some proper Rule of Law and System of Justice. A claimed negative right is an absurdity and injury of law itself and cannot exist under any true system of law. All valid Rights exist and are sourced and inherited solely in accord with the sacred Covenant Pactum De Singularis Caelum and the present Canons:
(i) As a Capacity, a valid Right is a form of legal authority, or qualification, or legal condition or status that enables a person to exercise his/her own will in acquiring, holding, using or transferring other certain Rights or performing such associated obligations, without restraint or hindrance; and
(ii) As a Privilege, a valid Right is a form of special (real or personal) Grant whereby either a private Person or particular Corporation is freed from the obligations of certain laws; and
(iii) As a Liberty, a valid Right is a form of Privilege whereby a Person enjoys some Favor or Benefit; and
(iv) As a Faculty, a valid Right is a form of Privilege or special Power granted to a Person by Favor, Indulgence or Dispensation (i.e. a License) that enables a person to do, or refrain from doing something that would otherwise not be permitted by law; and
(v) As a Power or Authority, a valid Right is a form of authority, enforced by law, that enables one person to compel one or more other persons to do or abstain from doing a particular act; and
(vi) As an Ownership, is a form of written possession by registration/recording, whereby a person is recognized by law to possess the most extensive or higher claim of possession, use and enjoyment (of certain Property), to the exclusion of all other persons, or of all except one or more specific persons; and
(vii) As a Possession, a valid Right is the visible possibility and ability of exercising physical control over some form of property, coupled with the intention of doing so, to the exclusion of all others, or one or more persons; and
(viii) As an Interest, a valid Right denotes a title, or certificate or other proof of claim or advantage to other certain Rights or Property; and
(ix) As a Benefit, a Right implies a just and legal claim to hold, or use or enjoy certain Property, or convey, or donate or dispose of it, subject to certain obligations of performance.
The term Right originates from the late 16th Century CE as a merger of the functions of the ancient Latin words Ritus meaning “a customary privilege, liberty or authority” and Rectus meaning “straight, honest, rule, obligation”. Hence, the word Right is literally the synthesis of the concept of a privilege being attached to some consequential obligation as one of the first maxims of “equity” in formation of the Court of Chancery from 1662 (14Car2. c.23):
(i) The Latin term Ritus itself appears to originate from a lost Christian Greek word rho (ρηό) or ros (ρός) meaning “a valid privilege or authority”, while the Latin term Rectus also appears to originate from Christian law and the word rectos (ρεκτός) meaning “straight, honest, rule, obligation”; and
(ii) As the term “Right” was not invented prior to the late 16th Century, nor the concept of synthesizing a privilege to a consequential obligation, the Latin term Ius or “Jus” was primarily used to define certain claimed “customary privileges, liberties, authorities and powers”, including (but not limited to) Jus Corona (Right of the Crown), Jus Patronatus (Right of the Crown as Ecclesiastical Patron) and Jus Hereditatis (Right of Inheritance); and
(iii) The first likely valid use of the term “Right” was in 1628 and the Petition of Right (3 Car1.c.1.) whereby certain “liberties” of English subjects are specified that the English king is prohibited from infringing. Passed on 7 June 1628, the Petition of Right declares that Englishmen have various "rights and liberties", and provides that “no person should be forced to provide a gift, loan or tax without an Act of Parliament, that no free individual should be imprisoned or detained unless a cause has been shown, and that soldiers or members of the Royal Navy should not be billeted in private houses without the free consent of the owner”; and
(iv) The second most likely valid use of the term “Right” in law was in 1689 and the Bill of Rights Act 1689 (1W & M. S2. c.2.); and
(v) From the time of the creation of the High Court of Chancery in 1662 (14Car2. c.23), several of the maxims associated with Rights began to be formed, such as “Lex Semper Dabit Remedium” (The Law always gives a remedy) whereby the synthesis between a privilege and an obligation was bound as a maxim of law; and
(vi) From the late 18th Century and the time of William Blackstone, the rules concerning Rights were further refined to assume the description of the Privilege or Power or Faculty or Benefit component as the “Primary Right” and any permitted preventative or remedial rights being the “Secondary Right(s)”. The associated obligations attached to a Right were also refined to a “jus in rem” (right in rem) whereby an obligation is placed on persons generally; or a “jus in personum” (right in personum) whereby an obligation is imposed on a definite person.
By their origin, nature and function, a Right is not a Right unless it possesses the following twelve characteristics being Integrity, Trust, Name, Class, Subject, Provenance, Exemplification, Obligation, Subject Person, Obligated Person, Remedy and Relief:
(i) Integrity means a valid Right conforms to the most ancient and primitive purpose being to reflect a positively expressed rule, custom, privilege or power with good intentions, good character and good conscience. A negative right is an absurdity and injury of law itself and is invalid from the beginning; and
(ii) Trust means a valid Right is expressed in a Trust relation whereby the Right is the Property of the Trust; and
(iii) Name means that a valid Right is uniquely named compared to all other valid Rights in accord with the principle of the use of the Latin beginning with the term Ius (Jus); and
(iv) Class, means that the Class of Right (Divine, Natural, Superior or Inferior) that the valid Right belongs to is clearly identified; and
(v) Provenance, means that if the Right is not of a Class of valid Divine Rights, then the Right clearly identifies and proves those Divine or Natural Rights whereby it owes its provenance; and
(vi) Exemplification, means that signed or sealed and attested evidence exists as to the founding instrument of law that defines the structure and character of the valid Right; and
(vii) Subject, means that a valid Right clearly identifies the qualities associated with it, including (but not limited to) any and all specific Capacities, or Faculties, or Powers, or Authorities, or Interests, or Privileges or Benefits associated with it; and
(viii) Obligation, means that a valid Right clearly identifies the obligations associated with it, including (but not limited to) any and all conditions of time, place, performance, dedication, dress, skills, equipment and duty of care; and
(ix) Subject Person, means a Person inherent with the Right (as in formation of Person on Roll), or invested with the Right (as Trustee) or entitled to the Right (as named or unnamed Beneficiary); and
(x) Obligated Person, means a Person on whom the valid Right imposes some kind of duty or obligation; and
(xi) Remedy, means that a valid Right possesses a form of Remedy whereby the Person in whom the Privilege or Power should reside is able to recover such a Right in the event of incapacity, or seizure, or loss or other impediment; and
(xii) Relief, means that a valid Right possesses a form of Relief whereby the Person in whom such Duty or Obligation associated with the Right should reside, is able to abdicate, derogate, mitigate or abrogate such responsibilities in the event of incapacity, or impossibility, or unfairness, or unreasonableness, or bad faith, or vexation, or unclean hands, or other breach of trust. An Obligation without the possibility of Relief is morally repugnant and irrefutable proof of the existence of slavery.
If one or more of these twelve essential characteristics are not present within the structure of a Right, then such a Right cannot be considered valid.
There exists only four (4) Classes of Rights being Divine, Natural, Superior and Inferior:
(i) Divine Rights are the primary and original form of Rights, corresponding to Divine Trusts and Divine Persons. There exists no higher class, or possible type of Rights. All Rights therefore are inherited from the class of valid Divine Rights; and
(ii) Natural Rights are the second highest form of valid Rights, corresponding to True Trusts and True Persons; and owe their existence and provenance to the existence of Divine Rights. All Rights of True Persons in either the Office of Man or the Office of Woman are inherited from the class of valid Natural Rights; and
(iii) Superior Rights are the third class and third highest possible form of valid Rights; corresponding to Superior Trusts and Superior Persons; and owe their existence and provenance to either valid Divine Rights or valid Natural Rights. All Rights of valid Ucadia Members, Ucadia Societies and associated bodies, aggregates, societies, associations, communities and unions of two or more people are inherited from the class of Superior Rights; and
(iv) Inferior Rights are the fourth class and the lowest possible form of valid Rights and owe their existence to non-Ucadian societies, persons, corporations, associations, bodies politic, agencies or aggregates. All Inferior Rights are inferior to Superior Rights. Where an Inferior Right makes claim to being superior, it is automatically invalid upon such falsity.
There exists only eight (8) Sub-Classes of Rights being Perfect, Imperfect, Absolute, Relative, Universal, Conditional, Primary and Secondary:
(i) Perfect Rights, also known as Perfect Divine Rights, are a sub-class of Divine Rights whereby such valid Rights created, defined and donated to a Divine Person by the Divine Creator through the most sacred Covenant Pactum De Singularis Caelum and the present Canons. Perfect Divine Rights are Peremptory, Permanent, Eternal, Immutable and Indefeasible and once bestowed are not subject to any form or condition of waiver, abandonment, conveyance, surrender, disqualification, incapacitation, seizure, capture, arrest, resignation, alienation, suspension, suppression, forfeiture or abrogation. Perfect Divine Rights are therefore the highest possible form of Rights and there exists no higher class, or form, or possible type of Rights. Perfect Divine Rights may be further defined as Fundamental Perfect Divine Rights or Sacramental Perfect Divine Rights; and
(ii) Imperfect Rights, also known as Imperfect Divine Rights, are a sub-class of Divine Rights whereby such valid Rights created, defined and delegated to a Divine Person by the Divine Creator through the most sacred Covenant Pactum De Singularis Caelum and the present Canons upon acceptance of the associated obligations and duties attached to them. If any such conditions and obligations are breached or repudiated, then the relevant Imperfect Divine Right is instantly waived, surrendered, suspended, forfeited or revoked until such time as the fundamental breach of duty and obligation is repaired or such a Right is duly restored. Perfect Divine Rights may be further defined as Instrumental Imperfect Divine Rights or Intentional Imperfect Divine Rights; and
(iii) Absolute Rights, also known as Absolute Natural Rights, are a sub-class of Natural Rights whereby such valid Rights created, defined and deposited to a Natural (True) Person by the existence of the one true Universe and all Rule and all Matter in accord with the Rule of Law through the most sacred Covenant Pactum De Singularis Caelum and the present Canons. Absolute Natural Rights are Peremptory, Permanent, Immutable and Indefeasible and once bestowed are not subject to any form or condition of waiver, abandonment, conveyance, surrender, disqualification, incapacitation, seizure, capture, arrest, resignation, alienation, suspension, suppression, forfeiture or abrogation. Absolute Natural Rights are therefore the highest possible form of Natural Rights. Absolute Natural Rights may be further defined as Elemental Absolute Natural Rights or Testamental Absolute Natural Rights; and
(iv) Relative Rights, also known as Relative Natural Rights, are a sub-class of Natural Rights whereby such valid Rights created, defined and granted to a Natural (True) Person by the existence of the one true Universe and all Rule and all Matter in accord with the Rule of Law through the most sacred Covenant Pactum De Singularis Caelum and the present Canons upon acceptance of the associated obligations and duties attached to them. If any such conditions and obligations are breached or repudiated, then the relevant Relative Natural Right may be waived, surrendered, suspended, abandoned, resigned, disqualified, seized, captured, arrested, alienated, suppressed, forfeited or annulled until such time as the fundamental breach of duty and obligation is repaired or such a Right is duly restored. A True Person to whom a Relative Natural Right has been bestowed may also lawfully delegate or confer beneficial title of such a Right to another True Person such as a Ucadia association, body politic, society, company or community. However, such an aggregate person can never legitimately claim legal title over a Relative Natural Right and any such claim is automatically false and null and void, having no force or effect. Relative Natural Rights may be further defined as Delegable Relative Natural Rights or Conferrable Relative Natural Rights; and
(v) Universal Rights, also known as Universal Superior Rights, are a sub-class of Superior Rights whereby such valid Rights created, defined and bestowed to a Superior Person by the existence of a valid Superior Person, or aggregate person, or community, or body politic, or association in accord with the Rule of Law through the most sacred Covenant Pactum De Singularis Caelum and the present Canons. Universal Superior Rights are Peremptory, Permanent, Immutable and Indefeasible and once bestowed are not subject to any form or condition of waiver, abandonment, surrender, disqualification, incapacitation, seizure, capture, arrest, resignation, alienation, suspension, suppression, forfeiture or abrogation. Universal Superior Rights are therefore the highest possible form of Universal Rights of any society or aggregate person within the temporal realm. Relative Natural Rights may be further defined as Immutable Universal Superior Rights or Exercisable Universal Superior Rights; and
(vi) Conditional Rights, also known as Conditional Superior Rights, are a sub-class of Superior Rights whereby such valid Rights created, defined and delegated to a Superior Person by the existence of a Superior Person or aggregate person, or community, or body politic, or association in accord with the Rule of Law through the most sacred Covenant Pactum De Singularis Caelum and the present Canons upon acceptance of the associated obligations and duties attached to them. If any such conditions and obligations are breached or repudiated, then the relevant Conditional Superior Right may be waived, surrendered, suspended, abandoned, resigned, disqualified, seized, captured, arrested, rescinded, suppressed, forfeited or revoked until such time as the fundamental breach of duty and obligation is repaired or such a Right is duly restored. A Superior Person to whom a Conditional Superior Right has been bestowed may also lawfully assign or convey legal or beneficial title of such a Right to another Superior Person. Conditional Superior Rights may be further defined as Assignable Conditional Superior Rights or Authorisable Conditional Superior Rights; and
(vii) Primary Rights, also known as Primary Inferior Rights, are a sub-class of Inferior Rights whereby such Rights created, defined and bestowed to an Inferior (Legal) Person by a non-Ucadian aggregate person, or community, or body politic, or association. Primary Inferior Rights are frequently claimed and created without reference to rights already existing or proving such provenance to Divine Rights. Therefore, Primary Inferior Rights are equivalent to either Claims or false and unsubstantiated Demands. Primary Inferior Rights are therefore the second lowest possible form of rights of any society or aggregate person within the temporal realm. Primary Inferior Rights may be further defined as Personal Primary Inferior Rights or Public Primary Inferior Rights; and
(viii) Secondary Rights, also known as Secondary Inferior Rights, are a sub-class of Inferior Rights whereby such valid Rights created, defined and delegated to an Inferior (Legal) Person by the existence of a non-Ucadian aggregate person, or community, or body politic, or association upon acceptance of the associated obligations and duties attached to them. If any such conditions and obligations are breached or repudiated, then the relevant Secondary Inferior Right may be waived, surrendered, suspended, abandoned, resigned, disqualified, seized, captured, arrested, rescinded, suppressed, forfeited or revoked. Secondary Inferior Rights are therefore the lowest possible form of rights of any society or aggregate person within the temporal realm Secondary Inferior Rights may be further defined as Protective Secondary Inferior Rights or Remedial Secondary Inferior Rights.