You are on page 1of 11

Common Law...

The following is a very short explanation of Common Law and should be further researched - due your
own due diligence.

Common Law is based on the supremacy of God and the Rule of Law - more specifically, the principles
that have long been established over hundreds of years that recognize these two phrases. Anytime
someone is charged under the Common Law, there must be a "damaged party". You are free under the
Common Law to do anything you please, as long as you do not infringe on the life, liberty or property of
someone else. You have a right to make a "fool" of yourself provided you do not infringe on the life,
liberty or property of someone else. The Common Law does not allow for any government action, which
prevents a man from making a fool of himself. For instance, when you cross over state lines in most
states (or Canada), you will see a sign, which says, "BUCKLE YOUR SEAT BELTS – IT'S THE LAW." This
cannot be Common Law, because who would you injure if you did not buckle up? Nobody. This would be
compelled performance. But Common Law cannot compel performance. Any violation of Common Law
is a CRIMINAL ACT, and is punishable. So what is "compelled performance"? Compelled performance is
where a contract is involved and compels you to perform to the exact letter of that contract. So, if you
have compelled performance, there must be a contract somewhere, and you are being compelled to
perform under the obligation of the contract that has to do with the seat belt issue. Guess what? Most
of our courts are commercial courts enforcing contracts…

Most can relate to common law when it comes to marriage as a common law marriage is official after a
couple live together after so many months. Was a marriage license required or the signing of any
documents to make it official? No. In fact, when you follow through with the marriage license process,
you are actually forming a 3 way relationship – with the government who now has a say in how your
affairs are handled… you enter into a contract with a 3rd party – Big Brother!

To explain the basics of Common Law, we need to identify with Statutory Law. They are 2 different
jurisdictions. Statutory Laws are laws of a society in which government created (Acts) and the "persons"
within that society are in agreement with. If you acquired a drivers license and are "acting" as the
“person – legal entity” on that drivers license then you are in agreement with the Highway Traffic Acts
and bound by it. BUT, you are not obligated to be a part of that society and your right as a Free Living
Soul is to leave that society if you so desire. If you reclaim your status as a Commoner existing in a
Common Law jurisdiction, you now become immune to all 60,000 plus Statutory Laws as they do not
apply to the Person – Natural Man. (See Legal Maxims for powerful Law Definitions and read the
documents mentioned above).

At this point, I would like to define to 2 phrases.

1) Rule of Law

It means that everyone is subject to the law; that no one, no matter how important or powerful, is
above the law — not the government; not the Prime Minister, or any other Minister; not the Queen or
the Governor General or any Lieutenant-Governor; not the most powerful bureaucrat; not the armed
forces; not Parliament itself, or any provincial legislature. None of these has any powers except those
given to it by law: by the Constitution Act, 1867, or its amendments; by a law passed by Parliament or a
provincial legislature; or by the common law of England, which we inherited, and which, though
enormously modified by our own Parliament or provincial legislatures, remains the basis of our
constitutional law and our criminal law, and the civil law (property and civil rights) of the whole country
except Quebec (which has its own civil code).

A legal "principal", of general application, sanctioned by the recognition of authorities, and usually
expressed in the form of a "maxim" or logical proposition. Called a "rule," because in doubtful or
unforeseen cases it is a guide or norm for their decision. Source: Blacks’s Law Dictionary Revised Fourth
Edition.

2) Law of the Land

Everything which may pass under the form of an enactment is not the law of the land. Sedg.St &
Const.Law (2d Ed.) 475. When first used in Magna Carta, the phrase probably meant the established law
of the kingdom. In opposition to the civil or Roman law. It is now generally regarded as meaing general
public laws binding on all members of the community. Janes v. Reynolds, 2 Tex. 251; Beasley v.
Cunningham, 171 Tenn. 334, 103 S.W.2d 18, 20, 110 A.L.R. 306. It means due process of law warranted
by the constitution, by the common law adopted by the constitution, or by statues passed in pursuance
of the constitution. Mayo v. Wilson, 1 N. H. 53. Source: Black’s Law Dictionary Revised Fourth Edition.

Who was it that said: I send you out as sheep in the midst of wolves, be wise as a serpent and harmless
as a dove.

========================

Legal Maxims...

The following are based on law principles established over many years and are the most
powerful words documented basing Liberty, Freedom and Equality for all Living Breathing
Souls.

Legal Maxims
[Maxims: a collection of legal truisms (stood the test of time) which are used as "rules of
thumb"]

MAXIMS
“It is better to go to the fountain head than to follow little streamlets” (Melius est petere fonts
quam sectari rivulos. – Black’s Law Dictionary Revised 4th Edition page 1135).

“A maxim is so called because its dignity is chiefest and its authority is the most certain, and
because it is most approved by all.” (Maxime ita dicta quia maxima est ejus dignitas et
certissima auctoritas, atque quod maxime omnibus probetur. – Black’s Law Dictionary 7th
Edition page 1657).

“All human beings are born free and equal in dignity and rights.” United Nations Universal
Declaration of Human Rights (1948).

“An equal has no dominion over an equal.” (Par in parem imperium non habet. – Black’s Law
Dictionary 7th Edition page 1673)

“The power which is derived cannot be greater than that from which it is derived.” (Derativa
potestas non potest esse major primitiva - Bouvier’s 1856 Law Dictionary).

“It is a wretched state of slavery which subsists where the law is vague or uncertain.” (Misera
est servitus, ubi jus est vagum aut incertum – Black’s Law Dictionary Revised 4th Edition page
1151).

“Multiplicity and indistinctness produce confusion; and questions, the more simple they are,
the more lucid.” (Multiplex et indistinctum parit confusionem; et quaestiones, quo simpliciores,
eo lucidiores. – Black’s Law Dictionary Revised 4th Edition page 1167).

PRINCIPLES

“Principles prove, they are not proved.” (Principia probant, non probantur. – Black’s Law
Dictionary 7th Edition).

“There is no reasoning of principles.” (Principiorum non est ratio – Black’s Law Dictionary
7th Edition).

“There is no disputing against one who denies first principles.” (Non est disputandum contra
principia negantem. – Black’s Law Dictionary 7th Edition).

“The chiefest (principal) part of everything is the beginning.” (Cujusque rei potissima pars est
principium – Black’s Law Dictionary Revised 4th Edition).

“Plain truths need not be proved.” (Perspicua vera non sunt probanda – Black’s Law
Dictionary Revised 4th Edition).

SOVEREIGN INDIVIDUAL

A Natural Man or Woman created by God existing in Common Law Jurisdiction.

“The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that
acknowledge the supremacy of God, the dignity and worth of the human person and the position
of the family in a society of free men and free institutions…” The Preamble for the Canadian Bill
of Rights (1960).

HIARCHY We have not seen nor been presented with any material facts or evidence that God
did not create man, and that government is not a function and creation of man’s
thinking/imagination. And so we have not seen nor been presented with any material facts or
evidence that man is not sovereign, as it relates to bodies politic and legal entities.

God
Man
Constitutions/Bills of Rights/Historical Documents
Judicial System
Government
Public Servants
Legal Fictions (i.e. Persons)
“The law regards the order of nature.”
(Lex spectat naturae ordinem – Black’s Law Dictionary Revised 4th Edition page 1058).

LIFE, LIBERTY and PROPERTY

INALIENABLE RIGHT: A right that cannot be transferred or surrendered; esp., a natural right
such as the right to own property. – Also termed inherent right. (Black’s Law Dictionary, 7th
Edition).

FREE: Not subject to legal constraint of another. Unconstrained: having power to follow the
dictates of his own will. Not subject to the dominion of another. Not compelled to involuntary
servitude. Use in this sense as opposed to “slave”. Black’s Law Dictionary Revised 4th Edition
(Page 791)

SLAVERY: The condition of a slave; that civil relation in which one man has absolute power
over the life, fortune, and liberty of another. Black’s Law Dictionary Revised 4th Edition (Page
1559)

“Liberty is more favored than all things.” (Libertas omnibus rebus favorabilior est. – Black’s
Law Dictionary 7th Edition page 1654)

“Whenever there is an interpretation doubtful as to liberty (or slavery), the decision must be in
the favor of liberty.” (Quotiens dubia interpretatio libertatis est, secundum libertatem
respondendum erit. – Black’s Law Dictionary 7th Edition page 1685)

“All presumptions are in favor of life, liberty and innocence.” (In favorem vitae, libertatis, et
innocentiae, omnia praesumantur. – Black’s Law Dictionary Revised 7th Edition page 1644).
ONE LAW

“Use your own property and your own rights in such a way that you will not hurt your
neighbor, or prevent him from enjoying his. Frequently written, “Sic utere tuo,” etc.” (Ita
utere tuo ut alienum non laedas. – Black’s Law Dictionary Revised 4th Edition page 966).

“It is forbidden for any one to do or make on his own [land] what may injure another’s.”
(Prohibetur ne quis faciat in suo quod nocere possit alieno – Black’s Law Dictionary Revised
4th Edition 1377).

“No man ought to be burdened in consequence of another’s act.” (Nemo ex alterius facto
praegravari debit – Black’s Law Dictionary Revised 4th Edition page 1190).

“The laws of nature are unchangeable.” (Jura naturae sunt immutabilia – Black’s Law
Dictionary Revised 4th Edition page 989).

CONTRACT LAW

“The stipulations of parties constitute the law of the contract. Agreements give the law to the
contract.” (Pacta dant legem contractui. – Black’s Law Dictionary Revised 4th Edition page
1263).

“By agreement (or contract) something is permitted that, without agreement, is not allowed.”
(Pacto aliquid licitum est quod sine pacto non admittitur. – Black’s Law Dictionary 7th Edition
page 1673).

“Consent makes the law.” (A contract is a law between the parties, which can acquire force
only by consent. Bouvier’s 1856 Law Dictionary) Consensus facit legem – Black’s Law
Dictionary Revised 4th Edition page 377).
“The express agreement of parties overcomes [prevails against] the law.” (Conventio vincit
legem – Black’s Law Dictionary Revised 4th Edition page 401).

CONTRACTING

“Nothing is so opposed to consent as force and fear.” (Nil consensui tam contrarium est quam
vis atque metus. – Black’s Law Dictionary Revised 4th Edition page 1197).

“One who can will (exercise volition) has a right to refuse will (without consent).” (Ejus est
non nolle qui potest velle. – Black’s Law Dictionary 7th Edition page 1633).

“Laws are abrogated by the same means [authority] by which they are made.” (Jura Eodem
modo destituuntor quo constituuntur. – Black’s Law Dictionary Revised 4th Edition page 988).

“That which is ours cannot be transferred to another without our act (consent).” (Id quod
nostrum est sine facto nostro ad alium transferri non potest – Black’s Law Dictionary Revised
4th Edition page 879).

PRIVITY of CONTRACT

“No one should interfere in another’s business that does not at all concern him.” (Nemo debet
immiscere se rei alienae ad se nihil pertinenti. – Black’s Law Dictionary 7th Edition page 1661).

“It is a fault for any one to meddle in a matter not pertaining to him.” (Culpa est immiscere se
rel ad se non pertinenti –Black’s Law Dictionary Revised 4th Edition page 454).

“A benefit is not conferred on one who is unwilling to receive it. That is to say, no one can be
compelled to accept a benefit.” (Invito beneficium non datur. – Black’s Law Dictionary Revised
4th Edition page 961).
FREE ONESELF

“It does not matter whether a revocation is made by words or by acts.” (Non refert verbis an
factis fit revocatio. – Black’s Law Dictionary 7th Edition page 1667).

“Nothing is so natural as to dissolve anything in the way in which it was bound together;
therefore the obligation of words is taken away by words; the obligation of mere consent
dissolved by the contrary consent.” (Nihil tam naturale est, quam eo genere quidque dissolvere,
quo colligatum est; ideo verborum obligatio verbis tollitur; nudi consensus obligatio contrario
consensus dissolvitur – Black’s Law Dictionary Revised 4th Edition page 1196).

AUTHORITY

We have not seen nor been presented with any material facts or evidence that man or government
can lawfully exercise authority to make legal determination about, or exercise Power of Attorney
for a man/human being/living soul who has [re]claimed sovereignty.

“Peace officer” includes a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer, and
justice of the peace, and also the superintendent, governor, jailer, keeper, guard or any other
officer or permanent employee of a correctional institution, and also a police officer, bailiff,
constable or other person employed for the preservation and maintenance of the public peace or
for the service or execution of civil process. (Section 29.(1) of the Interpretation Act (Ontario))

PERSON

In law, an individual or incorporated group having certain legal rights and responsibilities. This
has been held to include foreign and domestic corporations. Compare artificial person; natural
person. Canadian Law Dictionary, Barron’s 5th Edition.

“Persons are of two kinds, natural and artificial. A natural person is a human being. Artificial
persons include a collection or succession of natural persons forming a corporation; a
collection of property to which the law attributes the capacity of having rights and duties. The
latter class of artificial persons is recognized only to a limited extent in our law.” Black’s Law
Dictionary Revised 4th Edition (Page 1300).

“Every person is a human being, but not every human being a person.” (Omnis persona est
homo, sed non vieissim. – Black’s Law Dictionary 7th Edition page 1672).

“Man” (homo) is a term of nature; “person” (persona), a term of civil law.” (Homo
vocabulum est naturae; persona juris civilis. – Black’s Law Dictionary 7th Edition page 1640).

“Husband and wife are considered one person in law.” (Vir et uxor censentum in lege una
persona – Black’s Law Dictionary 7th Edition page 1700).

INDIVIDUAL “Under the Canadian Bill of Rights, the right of the individual extends to natural
persons only, and not to corporations. R. v. Colgate-Palmolive Ltd. (1972), 8 C.C.C. (2d) 40
(Ont.Co.Ct.)…”.

“It has been ruled that Charter equality rights extend only to natural persons. Parkdale Hotel Ltd.
v. Attorney-General of Canada. (1986), 1 F.T.R. 190 (F.C., T.D.)”. Canadian Law Dictionary
Barron’s Fifth Edition.

NATURAL PERSON “A natural person is a human being that has the capacity for rights
and duties.” Canadian Law Dictionary Barron’s Fifth Edition.

NO INJURY
“An act of law does no one wrong.” (Actus legis nemini facit injuriam. – Black’s Law
Dictionary 7th Edition page 1617)

. [Injury n. any harm done to a person by the acts or omissions of another. Injury may include
physical hurt as well as damage to reputation or dignity, loss of a legal right. The free legal
dictionary online.]

To injure is wrong.

CAPITAL LETTERS

We have not seen nor been presented with any material facts or evidence that a name in all
capital letters as found on a birth certificate (i.e. JOHN DOE) is not representative of a legal
entity (person). We have not seen nor been presented with any material facts or evidence that a
name in all capital letters, as found on a birth certificate, is that of a living individual. We have
not seen or been presented with any evidence that a name in all capital letters violates the
stipulations of section 9.(1)(k) of the Trade-marks Act.

TACIT CONSENT

“He who does not deny, admits.” (Qui non negat fatetur. – Black’s Law Dictionary Revised 4th
Edition page 1414).

“An error which is not resisted or opposed is approved.” (Error qui non resistitur approbatur –
Black’s Law Dictionary Revised 4th Edition page 639).

FIDUCIARY ACCEPTANCE
We have not seen nor been presented with any material facts or evidence that, the moment
someone uses the Person for trade/commercial purposes, and/or accepts a benefit privilege there
of, it is not consent to the terms and conditions of the contract, including the role of being an
acting fiduciary.

===========================================================
"If our knowledge of the world is controlled by the media,
then we live in a mediocrity."
~ Unknown ~

"The People produce all the food, all the goods and all the services.
In return, the People receive all the deficits, all the debts,
all the bankruptcies, all the unemployment, all the poverty and all the taxes."
~ Confederations of Regions Party ~

"The people can always be brought to the bidding of their leaders.


That is easy.
All you have to do is tell them they are being attacked and denounce
the peacemakers for lack of patriotism and exposing the country to danger.
It works the same in any country."
~ Nazi Reich Marshall Hermann Goering ~
at the Nuremberg War Trials

"Just because a great many people believe in something,


is no guarantee of it's truth."
~ Gandhi ~

You might also like