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When the Constitution mentions the word “Law” It means only Common Law
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Common Law was designed to secure the right of individuals to property. Common Law was designed to make it difficult for property to be taken away without (Due Process of Law). Common Law Juries acted as the Judges, and to exercise authority to hear and decide questions of both Law and facts. Common Law deals with legal relationships not created fictions or statues, rules or regulations. Property is known as Substance at Common Law and includes hard money in the form as gold and silver coin. Common Law was adopted by the original Constitution when it mentions law, it means only Common Law. Common Law cannot be modified, limited or abrogated either by acts of legislatures, or by the ruling of any judge. Common Law gave the rights to Allodial Title. Common Law is absolutely distinguished from Roman Civil Law systems. See: People vs. Ballard 155 NYS 2D 59 Roman Civil Law has always been outside of the Common Law, it operates on Summary Process in violation of our rights to Due Process of Law. Equity law is a jurisdiction in which the individual does not have any rights and is denied Due Process of Law. Equity law is a system where the individual does not have any rights, and only if he/she volunteers or gives their formal consent. No legislative act contrary to the Constitution can be valid. Federalist Papers # 48. The United States Constitution is the Supreme Law of the land and any statue must be in agreement. The Common Law is the law of the We the People. The Ten Commandments are the foundation of the Common Law. The 7th Amendment states: “In suits at common law, where the value in controversy shall exceed twenty dollars, the right to trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”
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and it cannot compel a performance. “The essence of the crime” if there is no injured party there is no cause of action. Each individual is answerable to this Creator for his actions and their respective consequences and must have the right to choose those acts.) Those involving acts committed on the high seas or navigable waters. 20. 21. 1851. All courts became Merchant Law Courts after 1938. At the very beginning of government under the Constitution.S. and (2. Code. vs. the common law remedy. exclusive of the States. Our heritage. The Common Law Rules and Procedures specify certain steps. all as a protection of the accused. or procedures. 25. Section 181-189 invested only the U. The right to require that an injured party swear under oath as to the damages or injury that he claims were caused to him. in all cases. In another words the second type must have a direct connection with the maritime commerce. Equity Law. Page 2 of 5 . under probable cause damaged another’s property.. Congress enacted the Limited Liability Act on March 3. Public law. this was the blending of law with Equity. where the common law is competent to give it.. The Constitution mentions three jurisdictions in which the courts can operate. District Courts with the exclusive right to hear cases of Admiralty and Maritime Jurisdiction. 26. Congress conferred on the federal district courts the right of exclusive cogitation “of all civil cases of admiralty and maritime jurisdiction saving the suitors. There are certain steps the Common Law Court must have to obtain jurisdiction in a case. Tyson in 1840. the Common Law demands and secures restitution and punishment for wrongs. which must take place. unless there is a reasonable swearing regarding an allegation that he.18. overturned the case that this country stood by for over years in the case Swift vs. and all foreclosures in the States that been conducted by a State court are illegal and void by law. This means that the States do not have jurisdiction in admiralty and maritime matters at all. a. 22. In the Common Law Courts our rights are protected. 23. Under the Common Law the courts do not have automatic jurisdiction.” 1Stat77. 24. (1.. 27. and decisions of another. An action under the Common Law only exists after there has been a loss or damage.) those involving contracts and transactions connected with shipping employed on the seas or navigable waters. Any attempt by a State court to impose a judgment in rem (a “final” judgment) is in violation of the Constitution and is null and void. Admiralty and Maritime jurisdiction comprise two types of cases. The oath attending a swearing of charges is to protect the accused by making the plaintiff answerable to perjury if falsely brought. The Common Law provides protection guaranteeing man’s independent actions in all ways. 28. Public Policy. the right to a Corpus Delicti (the body of the offense).. injured another’s person or infringed on another’s rights. and Admiralty or Maritime Law. Common Law. The Supreme Court ruled that all federal cases will be judged under the Negotiable Instrument Law. in violation of the Constitution and the judges’ oaths of office. The controlling principal in the Common Law is that no man may order the life. With no more decisions based on the Common Law at the federal level. actions. Later codified at Title 46. US. Section 9 (1789). 19.
You have a right to take upon yourself to judge both. in addition to those spelled out in the Constitution of the United States of America. of both the United States and of the States. the following words of instructions were given to the jury in front of the Supreme Court (with Chief Justice John Jay presiding): “It is presumed. Only Natural persons (flesh and blood) or mortal men have political rights. The Ninth Amendment includes all of the Common Law Rights which are not listed. rules or regulations to be binding on any one of We the People. As evidence that our Founding Fathers operated under the Common Law. to enact or allow statues. Under Common Law.” There are Natural Rights or rights at the Common Law. d. nor prohibited by it to the States. or to the people. anywhere else. once the Common Law Court has jurisdiction. it is. 32. on the other hand.a. 3 Dall I (1794). If one is a citizen under the 14th Amendment. The Justices in the Common Law Courts are impartial referees of disputes. c. the natural person has rights and the citizens of the Corporation have privileges and no rights. 33. and Property is inherent to the Rights of the accused. A Trial by Jury at Common Law shall consist of 12 jurors. The Jury of our Peers has the authority to hear and decide questions of both Facts and the Law. and to determine the law as well as the fact in controversy. or enumerated. 31. Rights are inherent in Property. neither more nor less and charged to try all issues of both the facts and the law according to the evidence and to impose sentencing in accordance with established procedures of the Common Law. or written Page 3 of 5 30. that juries are the best judges of facts. are reserved to the United States respectfully. The Bill Of Rights are a prohibition against government at any level over the individual or We the People. All law in America is based on the status of the individual. The Tenth Amendment states: “The powers not delegated to the United States by the Constitution. e. Brailsford. All legislation and judicial actions in courts and administrative policy is based on status. and are bound to protect the rights of the parties that are involved in the dispute. But still both objects are within your power of decision. Therefore the status of the people coming before the court must be determined before the court can proceed and before the court can make an intelligent decision as to the jurisdiction of the Common Law Court. The Bill of Rights were instituted to prevent the governments. 29. 34. b. it must be decided by the court as to whom it applies. that the courts are the best judges of the law. Though a law be termed general (common law) and not special (corporate law). presumable. There are two distinct different classes of citizens in this country. when dealing with those rights that are protected by the Constitution and the Bill of Rights.” State of Georgia vs. they are to receive equal protection that is applied to corporate “persons” as “citizens” even though they are strictly subjects. or Constitutional Rights. or they will have lost whatever jurisdiction they may have had. Any freeman or woman who has claimed his/her rights by oath of affirmation. We have the right to have our controversy. We have the right to a jury of our Peers. The Bill of Rights was adopted to prevent misconduct and abuse of powers by judges and government officials. .
declaration is not nor can be forced to comply with statues. In the Common Law there can be no constructive offenses.” People v. The Sixth Amendment states:” In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. He cannot be compelled to employ prosecutions. Page 4 of 5 36. 42. Law Merchant is the private rule of the bankers and merchants and is neither. In the Common Law Courts the accused has the right to defend himself. any appearance by a Free or Natural Citizen will be tried in no other jurisdiction than the Common Law. Notes and Checks.” See: State v Meyer. and with negotiable instruments and commercial papers. employ counsel. 39. if they are fully satisfied that such opinion is wrong. Civil Law or Roman Civil Law is derived from the law of Ecclesiastical Chancellors. Chapter 39 states: “No freeman shall be captured or imprisoned or disseised or outlawed or exiled or in any way destroyed.'' For over 600 hundred years since the Magna Charta of 1215. In the Common Law Courts the accused is given the right to counsel. 41.54 “The Jury has a right to disregard the opinion of the court in criminal case. in prosecution for criminal libel. Penal Statues are those actions which impose a penalty or punishment arbitrarily extracted for some act which may or may not be performed. is outside of our Constitution. and is illegal. Equity Law. private political power. nor will we go against him or send against him. by an impartial jury of the State and district wherein the crime shall have been committed. rules and regulations or penal offenses. and to be informed of the nature the cause of the accusation. It operates on the summary process. It deals with the law of Bills. after received the direction of the court. It has plundered the wealth of the People. 58 VT 457. and to have the Assistance of Counsel for his defense. the law and the facts is constitutional. which district has been previously ascertained by law. The fundamental right of the accused to have representation by counsel shall not be denied or unreasonably restricted. like the judges in today’s courts and are not impartial referees. 35. In the Common Law Court. 3 A.” State v. Videto 1 Parker. 195'' Comp. even on a question of law. Gr R. 23 VT 14. 38. 37. except by the lawful judgment of his peers or by the law of the land. .S 275.360. The Common Law demands and secures restitution and punishment for wrong doing.” “The Common Law right of the jury to determine the law as well as the facts remains unimpaired. the jury. or the Assistance of Counsel. Civil Law is prosecuted by the Chancery. Croteau. p. 45. It is only raw. to have compulsory process for obtaining witnesses in his favor. where our rights are preserved. 43. laws (1885). 44. the free and natural man/woman has the unalienable right to contract with anyone this person pleases. to be confronted with the witnesses against him.603 “Which provides that. alien and illegal to our Constitution. and the government can pass no law that is impairing the obligation to contracts. shall have the right to determine at their discretion. In the Common Law as pertains to contract. if he so chooses to represent himself rather through an attorney. 40. or to accept services assigned by the court and may except counsel from anyone he chooses.
But the state is still bound by the United States Constitution.” Miranda v Arizona 384. or by a prosecutors professionalism and his use of skilled presentments. 52.) 1 Wheat 304. by a Justice.” Norton v Shelby County 118 US 425 p 442. 176. 174. affords no protection. it confers no rights. it imposes no duties. As a person in a corporate capacity to protect and enforce its interests through Summary proceedings. Page 5 of 5 . and a duty. 2. and. US 491. and judging a person’s future is a great responsibility. “An unconstitutional act is not law. 5 US (2 Crunch) 137. 47. “As where rights secured by the Constitution are involved. 49.46. The Common Law Jury not only has veto power over all legislation of a President. 50. it creates no office.” Marbury v Madison. The State functions in two capacities: 1. When it comes to your individual vote of innocent or guilty. “All laws which are repugnant to the Constitution are null and void. Being a juror in a trial setting. or by the closing of a day or weekend. 48. In behalf of the “People of the State” in Common Law actions. but it is strictly by the facts and the law that you must decide on that which was presented as evidence during the course of the trial. but over all legislation of the representative government. they are sworn to follow their own consciences to convict the guilty and acquit the innocent. it is in legal contemplation. May you be answerable to the Lord God Almighty. (Martin v Hunter's Lesses. as inoperative as though it had never been passed. 51. Juries are bound or sworn to follow the Court’s instruction as to the Constitution. (1803). The jury has the authority to decide the facts and the law in bringing a verdict. there can be no legislation or rule making which would abrogate them. may you not be swayed by an eloquent persons speech.
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