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A History of Quo Warranto - by John Charlton
Posted on October 10th, 2009 by David-Crockett The Post & Email published COMMON LAW & NATURAL LAW BASIS by John Charlton (Oct. 10, 2009) — The nature of a quo warranto proceeding is as important to understand as its history, when considering arguments for and against standing and jurisdiction in cases seeking to resolve the national crisis brought on by the usurpation of the U.S. Presidency by Barack Hussein Obama.

The Definition of Quo Warranto
Quo warranto, is a Late Latin phrase meaning “by what warrant or right do you act?” In law it is defined by West’s Encyclopedia of American Law, thus: A legal proceeding during which an individual’s right to hold an office or governmental privilege is challenged. Again Webster’s New World Law Dictionary, defines Quo warranto thus 1. A common law writ inquiring into the authority by which a public official claims his/her office. 2. A state action with the intent of revoking the charter of a corporation that has abused or for a long period failed to exercise its franchise.

A History of Quo Warranto in English Law
Let’s examine the origins of quo warranto in the legal traditions of England and the United States. First, in England its usage is of great antiquity: Kurt von S. Kynell, in his Saxon and Medieval Antecedents of the English Common Law, discusses this on p. 129-131: When Edward I was crowned in 1274, he was already highly regarded not only as a formidable

The quo warranto writ was not new. a practice which unearthed a number of fraudulent exercises of authority. and many tiny baronial.(4) Those who did not appear automatically had their franchises confiscated by the local Sheriff. Thus quo warranto was as important for what it set in motion as a precedent for Parliament as for what it did in establishing uniform justice for individuals and reforming the hopeless anachronisms of feudalism. (2) Both public and private courts had long been a function of the feudal system. not as a mere subsidiary clause in the Statue of Gloucester. one may say that Edward I was as important to personal actions and rights as Henry II was to real propter actions and rights. but this was not the autocratic policy it seemed. and not always governed by the emerging Common Law. in establishing orderly hierarchies under the Crown for equable laws. or private legal jurisdictions over their tenants. feudal enclaves. … Edward had instituted the writ in the year of his coronation. especially those which involved siegnorial. (7) was in essence the same kind of natural law to which the state must adhere for the well being of all its citizens. To compare the importance of quo warranto. German held an estate encumbered by no less than eight lord to vassal feudal obligations. like St. secrete proceedings. Overlaps existed. examining former royal patents. The law . . a virtually unsolvable Gordian know in the law. obviously franchised baronial class of land standing. but. the Statute of Gloucester formalized the procedure more rigorously. but fare more sophisticated. One of Edward’s first moves was to institute the writ of quo warranto. In a manner of speaking. had insisted that all justice flowed from the King. Another twelve years passed before the next and final step in which the King’s policies on land franchises resulted now in the Statute of Quo Warranto itself. careful not to threaten the established. a manor. and the increasing power and influence of trade guilds. … The venerable Dean of Exeter. a title. Henry Bracton. charter cities. attempting to root out illegal franchises. subterfuges. but still exemplifying the lawful requirements of proof of authority for the stability of the Kingdom. the implication of Bracton’s great Common Law treatise being that all Englishmen. (3) but Edward readily expanded it. but quo warranto also helped property disputes in great measure in that it recognized the cumbersome problems of feudal system of layered tenures. . but also as an able an proved administrator. illegalities. Four years later. The King was indeed the fountain head of law which Bracton had espoused. (5) Both monarchs made huge strides in the legacy of the Common Law. including the King. . and establishing uniform law under the King in their multitudinous governances. including the King were under the law. Edward’s quo warranto maneuvers were similar in a small manner to his ancestor’s Domesday Book.warrior. the identical theory claimed also by Bracton and by Stephen / Langton. This helped clear up the type of hopeless land fiefdom obligations described by Hollister in which one Roger of St. the archbishop of Canterbury. certainly including the masons.(1) by what authority one held an estate. seeking to eliminate fraudulent or unproven claims by the expedient of summoning all those claiming franchise jurisdictions to appear before either the King or his / or his itinerant justices to show proof of authority. especially in light of a rapidly growing mercantilism. Thomas Aquinas and his juristic liberalism which the influential professor preached at the University of Paris. and exercising some leniences where possible.

It was made available to test the right to exercise a public franchise or to hold an office in a private corporation. it was not limited to proceedings against municipal officers. Missouri. could be prosecuted only in the name of the King by his duly authorized law officers. passed in 1710. The writ was treated as a civil remedy. containing a chapter on quo warranto which. differed therefrom in several material particulars.(9) [Footnotes lacking in on-line version.C. like all other crimes. but to all persons who in the District exercised any office. v. describing how quo warranto works in the D. And the same Justice continues.itself must be subject to the natural law of divine Providence. it was therefore provided that it should be lawful “for the proper officer. Usurpation of a public office from an early day was treated as a crime. and that there existed no true legislative bodies in medieval England. Instead of providing . though modeled after the English statute.] The History of Quo Warranto in American Law The subsequent history of quo warranto in common law is outlined by the U. This was especially true in reference to the usurpation of certain municipal offices named in 9th Anne. The writ thus came to be used as a means of determining which of two claimants was entitled to an office. 156. c. A private citizen could no more prosecute such a proceeding in his own name than he could in his own name prosecute for the crime of murder. and the English Parliament which quietly began to emanate under Edward was originally a high court. What evolved was judge-made law. 224 U. Bennett. Congress adopted a District Code. Code: In 1902. S. It does not seem ever to have been of force in any form in the District of Columbia. 24 Wash. and it was recognized that there might be many cases which. United States ex Rel. When a judgment was obtained against the intruder. By that act.S. but continued to be so far treated as a criminal proceeding as to warrant not only a judgment of ouster. But. civil or military. but fined for his criminal usurpation. but a fine against the respondent if he was found to have been guilty of usurpation. even though the victim was his near kinsman. by leave of the court. 20. Torbert v. exemplifying customs and writs from ancient times. It is important to remember that the beginnings of statutory law grew out of the judicial writs of the Common Law. and. and formed the basis of statutes in others. the earthly jurisprudence subject to eternal natural law. said Aquinas. were not of such general importance as to require the attorney general to take charge of the litigation.(8). Standard Oil Co. 282. 2. the criminal features were modified. he was not only ousted from his office. This quasicriminal act was adopted in some of the American states. though justifying quo warranto proceedings. to exhibit an information in the nature of a quo warranto at the relation of any person desiring to prosecute the same“ against the designated municipal officers. Frizzel: 1. in time.Law Rep. Supreme Court Justice Lamar in Newsman vs.

stands between the one who moves the claim and the defendant. Quo warranto does not presume guilt in the holder. the authority which confers the office has the right to quo warranto. Applicability of informal Quo warranto to Eligibility Cases . The defendant has the duty to prove his claim. he asks when did he receive his permission to use it.S. which acts in the name of the state or government. The owner has the right on account of his title to the property. The defendant has the right to produce evidence to prove his just holding of the office. one can easily see the natural law basis of this action. Rather it presumes the holder has a duty to manifest proof of his claim. the office is his not by intrinsic right. certain restrictions were imposed and one enlargement of the right was made. Quo Warranto’s Natural Law Basis From a consideration of the nature and history of quo warranto. to which the right to confer offices is attached. known in law as a franchise 2. The sovereign’s claim to issue quo warranto is founded upon his title to authority. who has a right to confer an office or benefice. neither does it presuppose that the holder has the office by his own right. The action is a civil proceeding. The court assuming the role of judge in the case. It concludes. In property rights we see an analogy. These provisions [Footnote 2] have never received judicial interpretation. for when the owner of a property finds it being used by a nonowner. and is codified in the District Columbia Code. in the light of general principles applicable to quo warranto. removal of office or penalty or both. because such an office is not his. the user has the duty to respond and relinquish use if he cannot justify his right to use. 1.that “any person desiring to prosecute” might do so with the consent of the court. This case must therefore be determined according to the special language of that Code. It proceeds by granting the defendant the right to prove his title or claim 3. in the case of non-proof. by only such by a proven claim. Law The formal quo warranto proceeding requires the action or consent of the executive branch. — the prerogative writ by which the government can call upon any person to show by what warrant he holds a public office or exercises a public franchise. but conferred upon him by the questioning authority. Therefore. It is issued by the sovereign. Applicability of Formal Quo warrento in U.

is understood solely as a specific form which is a prerogative writ of the sovereign or executive branch. There is frequent misunderstanding of the nature of a quo warranto proceeding. charged with the injury. This is true because.What court will enforce it? With the Holderwaffen DoJ defending. but arises out of an analogy to the formal quo warranto proceeding in common law. It is properly. Lynn Dartez // Oct 10. That’s why they keep pushing us to no end. that can be termed the “common law right to quo warranto. 2009 at 3:33 pm The basic problem of any such law that exists today is . when injured by one claiming title to an office. requires the claimant to prove his claim. has done so with a claim to a franchise. the same claimed by the English sovereign in issuing the first writs of quo warranto. what judge will allow a fair trial? How do we get ‘Standing’ when the Powers-that-Be have decided we should live on our knees.The analogy between property rights and franchise rights. It will come down plain and simple the Sword will have to take him down. I’m sick of hearing about the Zebra and his cronies. I think they want us to fire the first shot but we are to smart for that. and the basis for the genus of quo warranto proceedings. As such is not a prerogative writ action. Tags: Legal Backgrounders // 7 Responses to “A History of Quo Warranto . Action must be taken and you know what I mean. a special instance or species of which is the formal quo warranto proceeding. however. when the term while referring to a manner of proceeding. The right to move an informal quo warranto is ancilliary to some other right not-to-be-injured. 2009 at 4:12 pm Longknife. It will take an armed John Charlton” 1. and arises in the context when the defendant. the very claim to the title as justification for the injury. but not formally such. to a private party who is injured by the intrusion of another into a franchise or office. a natural right. There is no other way that things will get any better. to defend other existing rights. allows the application of the concept of an information request which exists in criminal or civil actions. It is this invoking of the proceeding of quo warranto. which analogy has its legal justification in natural law. 2. This form of civil action therefore is virtually a quo warranto. The 7th Circuit Court Ruling against the misuse of the formal quo warranto in District Courts was discussed in a previous article at The Post & Email.” since it is not based on statatue per se. moved by the executive branch or a representative therefore. But on the other hand do we have the time to wait anymore? . Longknife 21 // Oct 10.

Pieter Nosworthy // Oct 10. the Military Joint Chiefs. Dr. but Leo donofrio really has the best information on quo warranto. before he became POTUS) committed fraud over said ineligibility. when absolutely no other entity will act. Think about it for a moment. Keyes can recover damages. Bobbi // Oct 10. I need this illusion (hope) to function. nor or any major political party or media outlet. outside of any quo warranto action to eject ‘President’ Obama in his official capacity. Jack // Oct 10. Yet at the same time. the electorate will arise from its stupor and call BS on the SQ. http://naturalborncitizen.wordpress. Judge Carter does the best he really can. -Noz 5. stockholm syndrome (identifying with your captors). gads. Then ask: What would you do if you were Judge Carter? Judge Carter surely knows that “natural born citizen” (as distinguished from “citizen”) to be POTUS disqualifies Obama since Obama’s dad was a British/Kenyan citizen on Obama’s birth. of Justice’s motion to dismiss pending without decision — that is. that being the bloodless coup against our Constitutional Republic. in his individual as opposed to official capacity (that is. we are more screwed than we realize and this nation is wholly transformed into something it was never meant to be. the former being justiciable and actionable in his court. Leo has just given some valuable info.Lynn Dartez 3. 2009 at 4:52 pm US Dist Ct Judge David Carter can rule for Alan Keyes without relying on Quo Warranto — the case is CANDIDATE KEYS vs. Judge Carter rightly feels it is unfair to dump the most significant crisis in American history since the Civil War in his courtroom. So. 4. technically leave Obama in office but he is nevertheless doomed (pressure and action by Congress and the public would explode). The DOJ has just disqualified itself because it has a conflict of interest as it is representing Obama. Judge Carter surely knows that Candidate Obama. until events compel him to act. If this is an unreasonable expectation. the Supreme . CANDIDATE OBAMA (not POTUS OBAMA). to rise each morning not thinking this to be true leads to suck starting a 9 mil…or high powered rifles and bell towers…or. and that this damaged Candidate Keyes. Our collective prayers should be with Judge Carter. leave the Keyes trial scheduled and at the same time leave the Dept. say even $1 or nominal damages. 2009 at 6:42 pm No offense to John charlton or Orly Taitz. which is. including Congress. Orly bought the quo warranto in the wrong court. 2009 at 5:13 pm I encourage folks not to despair…eventually.

7. I wonder what happened to them? Discussion Area . and he promptly resigned. then. the quo warranto must be instituted in DC. 2009 at 8:02 pm Bobbi. NewEnglandPatriot // Oct 11. Attorney Jeffrey Taylor asking that he act after more than 40 days passed.S. 6. He might be running out the clock. Would she not. 2009 at 4:43 am I know Orly filed Quo Warranto at the District Court in DC. but they unconstitutionally never gave her an answer. have a right to file it in another court? I agree with Jack above. Judge Carter is downplaying his actions and decisions (or lack thereof) so as to keep tempers cool and allow the case to proceed. There is a lot of unrest in the country right now. She filed a letter with U. but I doubt they will under Holder. Is it true that the DoJ has disqualified itself? They should.Leave a Comment Name (required) Mail (will not be published) (required) Website . and I don’t think our allies in the world are happy with Obama. What if Israel or another country that has absolute proof that Obama was born in Kenya comes forward with that information? I really wish that that African Press International story had been true and revealed.Judge Carter has no subject jurisdiction on quo warranto for a federal officer. If so please send link here and/or Editors. Longknife 21 // Oct 10. but I do think he intends to hear the case if he must.

and the killing clause.and thanks… Morgan that great man of God was awarded for most used in undeclared wars. sorry folks. take a look around the world Dynamite peace prize. very interesting. David where are you.. no law. TODAY STARTS MY…OUR…YOUR FORTY DAYS OF PRAYER…FOR HOPE AND CHANGE .or …devilcrats… Constitution Gone. repaired or we find a new bulb…. no Justice. don’t you agree? To all a most happy new year… we suggest there is a safty net at the bottom of the fiscal cliff…stay tuned to us or post some of your ideas here..Praise the Lord. Pages a) States’ Militias Guarantee RBKA CHANGE IN THE NICK OF TIME The Militia Can Promote Monetary Reform About Barack Obama an ongoing investigation AN EXAMINATION OF OBAMA’S USE OF HIDDEN HYPNOSIS TECHNIQUES . our projector blew a bulb.S WAY…START NOW PATRIOTS… God may withdraw from the elections. Protect and uphold our great constitution. Note to the Supremes……Drop the mandate. only justices…religious values and freedom to follow GOD’s Laws are GONE.soon…. Bro. so you do not think that God is angered.Submit Comment « Obama’s Agenda // Preserve second amendment in CA » Recent Posts Bitcoins what are they and how to get some… welcome Larry Justice has now become just us…Orley oh Orley .we the people must pray that our bulb is. help you GOD…….why because not many people are consulting Him Did you hear the dnc tonight !!! God is out!!! the do not know Christ gansters.

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