Caution, Ambulans in Terris Dei

Caution to the Man or Woman Seeking to Assert Ambulans in Terris Dei While Holding Existing Statutory Connections

Qui tacet consentire videtur – He who is silent is taken to have consented.


This is not legal advice. It is a plain statement of the legal reality facing any man or woman who holds active statutory connections while simultaneously asserting natural standing. Read it carefully and honestly before proceeding.


The Problem in Plain Terms

A man or woman who holds a driver licence, is recorded as a resident of Australia for tax purposes, and is enrolled as an elector has, by their own acts, established connecting factors that place them squarely within multiple statutory schemes – voluntarily, on the record, and in many cases repeatedly reaffirmed.

These are not trivial connections. Each one represents an act by which the man or woman approached a statutory authority, identified themselves by the name on the register, accepted the benefits of the scheme, and in doing so affirmed, on the record, their status as a “person” within that scheme.

To then assert ambulans in terris Dei – natural standing upon the earth, prior to and independent of statutory jurisdiction – while those connections remain active and unrebutted is not merely inconsistent. It is, frankly, contradictory. And a court, an agency, or any other institution presented with that contradiction will resolve it against the man or woman asserting natural standing, every time.

The assertion will be dismissed. Not because natural standing does not exist, but because the man or woman has already answered the question of their own standing – and answered it the other way.


Each Connection Examined

The Driver Licence

A driver licence is not merely a competency certificate. It is the man or woman’s voluntary entry into the road transport statutory scheme as a licensed operator. By applying for and holding a licence, the man or woman has:

  • submitted to the jurisdiction of the licensing authority,
  • accepted the conditions of the licence,
  • identified themselves as a “driver” within the meaning of the relevant road transport legislation, and
  • affirmed, on each renewal, that they continue to accept those conditions.

A man who then travels upon the road and asserts that his travel is an exercise of natural right – not subject to the licensing scheme – while carrying a current licence in his pocket has not escaped the scheme. He has confirmed his membership of it. The licence is evidence against him.

Until the licence is surrendered, not renewed, and the man or woman has clearly placed on the record the basis on which they intend to travel going forward, the assertion of natural right of travel is undermined by the document in the wallet.

Resident of Australia for Tax Purposes

The declaration of Australian tax residency – whether made on a tax return, a bank account application, an employer declaration, or any other statutory form – is a formal acknowledgement that the man or woman falls within the jurisdiction of the taxing statute. It is a connecting factor, stated by the man or woman themselves, on the record.

To assert natural standing and freedom from statutory obligation while simultaneously lodging tax returns as an Australian resident, holding a Tax File Number, and accepting the benefits of the tax system – Medicare, superannuation, franking credits, deductions – is to hold two incompatible positions at once.

The statutory system will not resolve that incompatibility in favour of natural standing. It will hold the man or woman to what they declared. Allegans contraria non est audiendus – a man alleging contradictory things is not to be heard.

Electoral Enrolment

Enrolment on the electoral roll is, in Australia, compulsory for eligible citizens. That compulsion is itself instructive: the State treats enrolment as a defining act of membership in the political community. The enrolled man or woman is, in the State’s records, a citizen-subject of the Commonwealth and the relevant State – a full member of the statutory community.

Voluntary enrolment, and participation in elections, reinforces that position. Each time a man or woman casts a ballot, they affirm their participation in the statutory political order as a member of it.

The man or woman who votes in the electorate of “Shire of Revenue” and then asserts that they are not subject to the jurisdiction of that polity faces an obvious evidentiary difficulty. They have, by their own act, recognised and participated in the authority they now seek to stand outside of.


The Deeper Problem: Benefits and Burdens Travel Together

Natural standing upon deos terrum carries with it no statutory benefits. It carries no Medicare card, no superannuation guarantee, no access to the court system as a “person” entitled to sue under the relevant civil procedure rules, no electoral voice, no licensed permission to drive a motor vehicle.

The man or woman who wishes to assert natural standing must be prepared to relinquish, or at minimum to carefully examine their continued holding of, every benefit that flows from the statutory connections they wish to disclaim. You cannot, in good conscience or in law, take the benefit and refuse the burden.

Qui sentit commodum, sentire debet et onus – He who enjoys the benefit ought also to bear the burden.

This is not a technicality. It is a foundational principle of equity and natural law alike. The man or woman who draws from the statutory well while asserting they are not bound by the statutory rules is not asserting freedom. They are asserting inconsistency – and inconsistency is not a position that law, natural or statutory, will protect.


What Would Be Required

If a man or woman genuinely wishes to assert ambulans in terris Dei as a coherent and defensible position, the minimum that intellectual and legal honesty requires is:

  • a clear examination of every active statutory connection currently held,
  • a considered decision about each one – whether to retain it, surrender it, or place on the record a clear and consistent basis for the relationship going forward,
  • a willingness to forgo the benefits that flow from connections that are disclaimed, and
  • an understanding that the process of disentangling from statutory schemes is slow, requires careful record-keeping, and will be tested – sometimes harshly – by institutions that have every incentive to hold the man or woman to their prior declarations.

None of this is impossible. But none of it is simple, and none of it is achieved by writing a statement of standing while carrying a current driver licence and a Medicare card.


The Honest Summary

The assertion of natural standing is coherent, principled, and grounded in genuine legal history. The articles preceding this caution set that out honestly.

But it is not a costume to be put on over the top of a full statutory wardrobe. It is a position that must be lived consistently, built carefully, and placed on the record through conduct and declaration that do not contradict each other.

A man or woman standing in a court or before an agency, holding a driver licence, enrolled on the electoral roll, and recorded as an Australian tax resident, who then asserts ambulans in terris Dei and claims to be beyond statutory reach, will not be taken seriously. They will be held to what they signed, what they applied for, what they accepted, and what they renewed.

The foundation of deos terrum is real. But it must be built upon honestly – or it will not hold.

In omnibus quidem, maxime tamen in iure, aequitas spectanda sit – In all matters, but especially in law, equity must be observed.

 

Last Updated 4 months ago

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Posted by Jillian