Ref: KJII.L.

14/09; printed: 1/03/2009 12:17:17 PM

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Tuesday, 3 March 2009

Our Ref: KJII.L.14/09 (as amended)


By: Registered Post (confirmation by e-mail)


Attention: Her Excellency Ms Quentin Bryce AC
Governor-General of the United Kingdom of Australia


This is an open letter published internationally.

To Quentin Alice Louise Bryce, Companion of the Order of Australia, Governor-General of the
former Commonwealth of Australia; I have not previously had the occasion to introduce myself - it
is now appropriate that I do so formally; viz: I Declare, according to Law, I am: JAMES THE
SECOND, by the Grace of God, King of Australia and His other Territories, Head of the United
Kingdom of Australia.

Greeting.

As you are undoubtedly aware, the English Crown itself is a corporation sole (as distinct from a
corporation) that represents the legal embodiment of the Executive Government, which in English
law is a legal entity consisting of a single (sole) incorporated office, occupied by a single (sole [the
sun personified]) man or woman. This allows a corporation sole (usually a religious corporation but
not necessarily) to pass vertically in time from one office holder to the next successor-in-office,
giving the position legal continuity with each subsequent office holder having identical powers to
his predecessor.

In the late seventeenth century, Stewart Kyd, the author of the first treatise on corporate law in
English, defined a corporation as:

Ref: KJII.L.14/09; printed: 1/03/2009 12:17:17 PM
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A collection of many individuals united into one body, under a special denomination, having
perpetual succession under an artificial form, and vested, by policy of the law, with the capacity of
acting, in several respects, as an individual, particularly of taking and granting property, of
contracting obligations, and of suing and being sued, of enjoying privileges and immunities in
common, and of exercising a variety of political rights, more or less extensive, according to the
design of its institution, or the powers conferred upon it, either at the time of its creation, or at any
subsequent period of its existence,
i
op.cit.


Corporations are brought into being within a legal framework or body of law that specifically
creates them as legal personalities. Typically, corporations are viewed as a fictional person, a legal
person, or a moral person, as opposed to a natural person. Thus, once created, corporate statutes
typically give corporations the ability to own property, sign binding contracts, pay taxes in a
capacity that is separate from that of its shareholders, who are sometimes referred to as members.

According to Lord Chancellor Haldane:


...a corporation is an abstraction. It has no mind of its own any more than it has a body of its own;
its active and directing will must consequently be sought in the person of somebody who is really the
directing mind and will of the corporation, the very ego and centre of the personality of the
corporation,
ii
op.cit.


You will agree that the Australian Imperial Crown (The Crown) existed in Law as a legal fiction
or simply a mental concept - similar to that described by Lord Chancellor Haldane above. In other
words, The Crown existed in Law, but not materially as a corporation sole in fact.

This is no longer the case.

I Declare: The Crown in Australia has passed into being as a corporation sole according to Law. In
order to achieve this, I have evoked a special legal framework - vested in the policy of the Law in
both statute and the common law of Australia and the United Kingdom (Law [as referred to herein,
as distinct from: law]) - to bring The Crown into being as an existing legal personality in fact and
Law.

Thus, I Declare I am the King of Australia according to Law.

With respect to the forgoing matters, I refer in part, yet without limitation whatsoever, your
attention to the following matters, facts, and things. Specifically, I draw your attention to Clause 2
of the Preamble to the Commonwealth of Australia Constitution Act (The Constitution) as
generally cited, and other relevant matter, viz:




Ref: KJII.L.14/09; printed: 1/03/2009 12:17:17 PM
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1. Queen Victorias Proclamation of 17 September 1900, published in Gazette 1901, p. 1,
passed in the sixty-fourth year of Her Reign, enacting an Act of Parliament intituled: An
Act to Constitute the Commonwealth of Australia uniting The People of New South Wales,
Victoria, South Australia, Queensland, Tasmania and Western Australia in a Federal
Commonwealth (Imperial Statutory rules and Orders, Revised 1948, Vol. II., Australia, p.
1027);

2. an Act generally cited as: The Statute of Westminster, 1931 UK; enacted to give effect to
certain resolutions passed by Imperial Conferences held in the years 1926 and 1930;

3. an Act generally cited as: The Statute of Westminster Adoption Act 1942; enacted to
remove Doubts as to the Validity of certain Commonwealth Legislation, to obviate Delays
occurring in its Passage, and to effect certain related purposes; by adopting certain Sections
of the Statute of Westminster, 1931, as from the Commencement of the War between His
Majesty the King and Germany;

4. an Act generally cited as the: Royal Powers Act 1953, Act No. 74, 1953; assented to 10
December 1953 - commenced 7 January 1954;

5. Elizabeth The Seconds Letters Patent of 21 August 1984, in relation to the Office of
Governor-General of the former Commonwealth of Australia; see clause V (b) of those
Letters Patent, published in Gazette 1984, S334;

6. an Act generally cited as: Australia Act 1986 (Act No. 142; assented to 4 December 1985
and came into operation on 3 March 1986 at 5.00 a.m. Greenwich Mean Time [see Gazette
1986, No. S85, p. 1]), an Act to bring constitutional arrangements affecting the
Commonwealth and the States into conformity with the status of the former Commonwealth
of Australia as a sovereign, independent and federal nation;

7. ;

8. Elizabeth The Seconds Letter Patent of 11 May 2003 Amending Her Letters Patent of 21
August 1984 relating to the Office of Governor-General of the former Commonwealth of
Australia; published in Gazette 2003, S 151;

9. Elizabeth The Seconds Letters Patent of 21 August 2008, Revoking Her Letters Patent of
21 August 1984 in relation to the Office of Governor-General of the former Commonwealth
of Australia; see clause V (b) (not cited herein);

10. applicable common law (not cited herein).





Ref: KJII.L.14/09; printed: 1/03/2009 12:17:17 PM
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Your Excellency, I suspect you may be asking yourself why I have embarked on, what is in
Australian history anyway, unprecedented territory. The following legal terms, which are used in a
number of common law contexts (emphasis added), aptly sums up my legal position, vis--vis: the
Latin phrase: Ultra vires, which as you are aware literally means beyond the powers, is of
substantial relevance given my personal history. As for I, I have, and We shall continue to act: intra
vires.

Here will be found the common postulates and values upon which this matter must now be
resolved, as did King Charles The Second. At the same time the truly basic points of conflict that
will have to be worked upon for resolution of this matter, will be revealed in this context. To this
end, I refer your attention to the case of Dey v Victorian Railway Commissioners (1949) 78 CLR
62, 91, whereas future Chief Justice of the High Court Owen Dixon stated in dicta, viz:


once it appears that there is a real question to be determined whether of fact or law and that the
rights of the parties depend upon it, then it is not competent for the court to dismiss the action as
frivolous and vexatious and an abuse of process.


Indeed, Law is inherently purposive. It deserves more purposive attention; for on its immediate
growth undoubtedly hangs My fate; and, I reasonably suspect, the fate of civilisation.

Finally, I note, in Commonwealth of Australia Gazette No. 56 of 16 July 1936 it was notified that
the Governor-General had adopted a personal flag for use in Australia (Annexure-1). This act is
particularly relevant in the context of the legal framework and timeline which established The
Crown within a Realm of the Commonwealth as an Australian independent and sovereign legal
entity. A Commonwealth Realm is any one of 16 sovereign states within the Commonwealth of
Nations. The Chambers English Dictionary defines a realm as: a Kingdom,
iii
op. cit., inter
alia.

The flag, which is in the proportion of two to one, has a royal blue background on which is the
Royal Crest in gold (on a St Edwards Crown a lion statant guardant also crowned) with the words
Commonwealth of Australia in dark blue letters on a gold scroll below the Crest.

The St Edwards Crown is the official coronation crown used exclusively in the coronation of a new
monarch. The Crowns design includes a base with four crosses patte alternating with four fleurs-
de-lis. From the top of the crosses rise two complete arches of gold, crossing each other, and
curving deeply downwards at the point of intersection. Importantly these arches are considered to
be the mark of independent sovereignty (emphasis added). Notably, the St. Edwards Crown has
been used as a symbol of royal authority since 1953 in the Commonwealth Realms.

I am entitled to have the matter I have raised herein dealt with according to Law. As the Governor-
General, you have been the guardian of The Crown in right of Australia. It seems only fitting,
therefore, that you now act as Our defender.


Ref: KJII.L.14/09; printed: 1/03/2009 12:17:17 PM
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True to my various names, and my life history; indeed the impossible may in fact be possible.


Sincerely your:
















By the Grace of God,
James The Second
King of Australia
And His Other Territories














Ref: KJII.L.14/09; printed: 1/03/2009 12:17:17 PM
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Annexure-1











Ref: KJII.L.14/09; printed: 1/03/2009 12:17:17 PM
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i
A Treatise on the Law of Corporations, Stewart Kyd (1793-1794);
ii
Lennards Carrying Co Ltd v Asiatic Petroleum Co Ltd [1915] AC 705;
iii
Chambers English Dictionary 7
th
Edition, p. 1223.