29. COMMENTARIES ON THE LAWS OF ENGLAND
William Blackstone
Book 1, Chapter 10, Of the People, Whether Aliens, Denizens, or Natives
ALLEGIANCE, both express and implied, is however distinguished by the law into sorts or species, the one natural, the other local; the former being also perpetual, the latter temporary. Natural allegiance is such as is due from all men born within the king’s dominions immediately upon their birth.12 For, immediately upon their birth, they are under the king’s protection; at a time too, when (during their infancy) they are incapable of protecting themselves. Natural allegiance is therefore a debt of gratitude; which cannot be forfeited, canceled, or altered, by any change of time, place, or circumstance, nor by anything but the united concurrence of the legislature.13 An Englishman who removes to France, or to China, owes the same allegiance to the king to England there as at home, and twenty years hence as well as now. For it is a principle of universal law,14 that the natural-born subject of one prince cannot by any act of his own, no, not by swearing allegiance to another, put off or discharge his natural allegiance to the former: for this natural allegiance was intrinsic, and primitive, and antecedent to the other; and cannot be divested without the concurrent act of that prince to whom it was first due. Indeed the natural-born subject of one prince, to whom he owes allegiance, may be entangled by subjecting himself absolutely to another; but it is his own act that brings him into these straits and difficulties, of owing service to two masters; and it is unreasonable that, by such voluntary act of his own, he should be able at pleasure to unloose those bands, by which he is connected to his natural prince.
a) Natural allegiance is due from all men born within the king’s dominions immediately upon birth.
b) Natural allegiance is a debt of gratitude.
c) The natural-born subject of one prince, may be entangled by subjecting himself absolutely to another, but it is his own act that brings him into these straits and difficulties, of owing service to two masters.
30. PROMISSORY OATHS ACT 1868
https://www.legislation.gov.uk/ukpga/Vict/31-32/72/contents
Penalty on not taking required Oath.
7If any Officer specified in the Schedule hereto declines or neglects, when any Oath required to be taken by him under this Act is duly tendered, to take such Oath, he shall, if he has already entered on his Office, vacate the same, and if he has not entered on the same be disqualified from entering on the same; but no Person shall be compelled, in respect of the same Appointment to the same Office, to take such Oath or make such Affirmation more Times than One.
a) There is penalty for not taking the required Oath
b) The Coronation Oath is the stem for the Line of Authority, the Root of Rule of Law.
c) This brings into question the Oath of Allegiance and Realm at which all Justices take Oath of Allegiance and brings into Question the Realm at which that Oath is linked.
31. POLICE SERVICE ADMINISTRATION ACT 1990 (QLD)
http://www5.austlii.edu.au/au/legis/qld/consol_act/psaa1990301/
Oath of office
3.3 Oath of office
Before a person begins to perform duty as an officer, the person is to take, or make, and subscribe the oath or affirmation prescribed by regulation.
Proof of office
3.4 Proof of office
If a question arises as to a person’s identity as an officer, or to a person’s entitlement to exercise the powers or to perform the duties of an officer—
(a) the general reputation of a person, who is an officer, as being an officer is evidence of that identity and entitlement; and
(b) the absence of, or failure to produce, any written appointment or other documentary proof to establish that identity or entitlement does not prejudice or otherwise affect the exercise of the powers or the performance of the duties by a person who is an officer.
a) Police Service Administration Act 1990 Section 3.4 contradicts the Promissory Oaths Act 1868 Section 7.
b) Police Service Administration Act contradicts Oaths Act 1867
32. COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 42
http://classic.austlii.edu.au/au/legis/cth/consol_act/coaca430/s42.html
Oath or affirmation of allegiance
Every senator and every member of the House of Representatives shall before taking his seat make and subscribe before the Governor-General, or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.
a) Every member of the Government is obligated to an Oath
b) Every member is under the Crown by their obligation to Oath
c) Every member is to uphold the foundations in the Constitution under the blessing of Almighty God.
d) Ministers of Parliament are Ministers of God.
33. COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 44
http://classic.austlii.edu.au/au/legis/cth/consol_act/coaca430/s44.html
Disqualification
Any person who:
(i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or
(ii) is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or
(iii) is an undischarged bankrupt or insolvent; or
(iv) holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth; or
(v) has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons;
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
But subsection (iv) does not apply to the office of any of the Queen's Ministers of State for the Commonwealth, or of any of the Queen's Ministers for a State, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen's navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.
a) Acknowledgement of Allegiance is defined in the Preamble
b) Acknowledgement of Allegiance is defined in the Schedule Oath
c) A line of authority is defined in the Preamble and the Schedule.