The word Officer comes from officere meaning “to serve and assist, to attend, to perform ones duty, function or ceremonial acts” itself from officium meaning “service, attention, ceremonial duty or function”.
The ancient Romans used the word legatus to describe an officer as the word officium described not only some official commission to public service but a physical ecclesiastical space associated with such office such as a shrine, temple, chapel or sanctuary. This is because all authority in Roman law, as with all historical civilized law, recognized authority and position was derived first from the realm of the Divine. Therefore all office literally is and has always been ecclesiastical in origin and historic source of authority.
Upon the creation of the Common Law system in the 16th Century, this ancient notion of public service, public duty being associated with the occupation of some shrine, temple, chapel or sanctuary was revived with the added concept of “circumscription”. Now a sacred space associated with an office did not have to physically look like a shrine, temple, chapel or sanctuary but only had to be recognized as having been circumscribed to a particular office.
Thus a judge occupies the sacred circumscribed space of their chamber, being an ecclesiastical office; a clerk occupies the sacred circumscribed space of their chancery office, being ecclesiastical and a physical court room is recognized under Roman Canon law as an “oratory” and sacred ecclesiastical space protected by the church.
Oath of Office
As an office and its authority is derived from the Divine and ecclesiastical in nature, a man or woman is invested into an office by virtue of a solemn oath to the people whom they pledge to serve and to the divine presence they choose to believe. This is why in most western “Christian” countries, officers are “sworn into” office by making their oath while touching a Holy Bible. If an officer and the nature of being an officer were not ecclesiastical, then an oath would not be fundamental.
Such a solemn and sacred oath is fundamental to legitimately occupying an office and exercising the powers granted to it. So important is this oath to holding office that should the oath be incorrectly taken, it must be sworn again. Furthermore, the absence of a sworn oath can cause a man or woman claiming to occupy an office to be criminally charged for such failure, including all orders and decisions made by them to be summarily dissolved. Simply, a man or woman who has not taken a valid oath does not legitimately hold an office and is not a legitimate officer.
It is why in most countries now, oaths are recorded against the records of certain public officials to prove that a valid oath has been witnessed and recorded, especially in the case of judges, magistrates and prosecuting attorneys. However, it has occurred where senior public officers have failed to record or make a valid oath and subsequently been removed from office, even if they were legitimately elected by popular ballot by the people of a region.
Obligation and Duty of Officers
Unlike agents who may be granted by warrant certain authority and powers to perform acts on behalf of an officer, officers by their nature are duty bound and obligated to act with honor to their office and oath.
This is because, the very authority and legitimacy of occupying an ecclesiastical space (office) depends upon the officer remaining "connected" to the source of their authority and power. When an officer acts dishonorably and disgracefully against the duties of their office and oath, they instantly lose all authority and legitimacy, whether they have been officially removed or not. This is considered an "automatic excommunication" that occurs, regardless of any public removal.
In particular, an officer may not sign orders, nor validate deeds whilst they are in a state of dishonor as such instruments lack the authenticity of seal and sign when an officer is in dishonor. It is why the honor of court officials, particularly judges is of paramount importance to the effective function of Roman Law.
All official positions in Roman Courts are Officers
Whether or not a particular position possesses the powers of agent of another, all official positions in Roman Courts are by definition officers and therefore public office, public servants and ecclesiastical in nature.
The names of such public officials may vary in different locations around the Earth but include judges, magistrates, clerks, attorneys, police officers, prison officers, customs officers, immigration officers, bailiffs, probation officers, parole officers, auxiliary officers, and sheriffs, marshals, and their deputies. In all cases, these particular officers are public servants, public trustees and duty bound to serve the directions of executors who have legitimate rights to manage the affairs of estates.
