COMMON LAW COURTS

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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At the very beginning of government under the Constitution, Congress conferred on the federal district courts the right of exclusive cogitation of all civil cases of admiralty and maritime jurisdiction saving the suitors, in all cases, the common law remedy, where the common law is competent to give it;.... 1Stat77, Section 9 (1789). Congress enacted the Limited Liability Act on March 3, 1851. Later codified at Title 46, US, Code, Section 181-189 invested only the U.S. District Courts with the exclusive right to hear cases of Admiralty and Maritime Jurisdiction, exclusive of the States. This means that the States do not have jurisdiction in admiralty and maritime matters at all, and all foreclosures in the States that been conducted by a State court are illegal and void by law. Admiralty and Maritime jurisdiction comprise two types of cases; (1.) Those involving acts committed on the high seas or navigable waters, and (2.) those involving contracts and transactions connected with shipping employed on the seas or navigable waters. In another words the second type must have a direct connection with the maritime commerce. 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. Public law, vs. Public Policy, overturned the case that this country stood by for over years in the case Swift vs. Tyson in 1840. The Supreme Court ruled that all federal cases will be judged under the Negotiable Instrument Law. With no more decisions based on the Common Law at the federal level, this was the blending of law with Equity. All courts became Merchant Law Courts after 1938, in violation of the Constitution and the judges oaths of office. The Constitution mentions three jurisdictions in which the courts can operate; Common Law, Equity Law, and Admiralty or Maritime Law. In the Common Law Courts our rights are protected. The right to require that an injured party swear under oath as to the damages or injury that he claims were caused to him; the right to a Corpus Delicti (the body of the offense). The essence of the crime if there is no injured party there is no cause of action. An action under the Common Law only exists after there has been a loss or damage, and it cannot compel a performance. The controlling principal in the Common Law is that no man may order the life, actions, and decisions of another. Each individual is answerable to this Creator for his actions and their respective consequences and must have the right to choose those acts. The Common Law provides protection guaranteeing mans independent actions in all ways, unless there is a reasonable swearing regarding an allegation that he, under probable cause damaged anothers property, injured anothers person or infringed on anothers rights. The oath attending a swearing of charges is to protect the accused by making the plaintiff answerable to perjury if falsely brought. a. Our heritage, the Common Law demands and secures restitution and punishment for wrongs.

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Under the Common Law the courts do not have automatic jurisdiction. There are certain steps the Common Law Court must have to obtain jurisdiction in a case. The Common Law Rules and Procedures specify certain steps, or procedures, which must take place, all as a protection of the accused.
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a. Rights are inherent in Property, and Property is inherent to the Rights of the accused. b. We have the right to have our controversy, once the Common Law Court has jurisdiction. c. We have the right to a jury of our Peers. d. The Jury of our Peers has the authority to hear and decide questions of both Facts and the Law. e. The Justices in the Common Law Courts are impartial referees of disputes, and are bound to protect the rights of the parties that are involved in the dispute, or they will have lost whatever jurisdiction they may have had. 29. As evidence that our Founding Fathers operated under the Common Law, in addition to those spelled out in the Constitution of the United States of America, 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, that juries are the best judges of facts; it is, on the other hand, presumable, that the courts are the best judges of the law. But still both objects are within your power of decision. You have a right to take upon yourself to judge both, and to determine the law as well as the fact in controversy. State of Georgia vs. Brailsford, 3 Dall I (1794). The Bill of Rights were instituted to prevent the governments, of both the United States and of the States, to enact or allow statues, rules or regulations to be binding on any one of We the People, when dealing with those rights that are protected by the Constitution and the Bill of Rights. The Bill of Rights was adopted to prevent misconduct and abuse of powers by judges and government officials. The Ninth Amendment includes all of the Common Law Rights which are not listed, or enumerated, anywhere else. The Bill Of Rights are a prohibition against government at any level over the individual or We the People. The Tenth Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the United States respectfully, or to the people. There are Natural Rights or rights at the Common Law. Under Common Law, the natural person has rights and the citizens of the Corporation have privileges and no rights. Only Natural persons (flesh and blood) or mortal men have political rights, or Constitutional Rights. All law in America is based on the status of the individual. All legislation and judicial actions in courts and administrative policy is based on status. There are two distinct different classes of citizens in this country. If one is a citizen under the 14th Amendment, they are to receive equal protection that is applied to corporate persons as citizens even though they are strictly subjects. Though a law be termed general (common law) and not special (corporate law), it must be decided by the court as to whom it applies. 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. A Trial by Jury at Common Law shall consist of 12 jurors, 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. Any freeman or woman who has claimed his/her rights by oath of affirmation, or written
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declaration is not nor can be forced to comply with statues, rules and regulations or penal offenses. In the Common Law there can be no constructive offenses. Penal Statues are those actions which impose a penalty or punishment arbitrarily extracted for some act which may or may not be performed. 35. In the Common Law Court, any appearance by a Free or Natural Citizen will be tried in no other jurisdiction than the Common Law, where our rights are preserved. The Common Law demands and secures restitution and punishment for wrong doing. In the Common Law as pertains to contract, the free and natural man/woman has the unalienable right to contract with anyone this person pleases, and the government can pass no law that is impairing the obligation to contracts. Civil Law is prosecuted by the Chancery, like the judges in todays courts and are not impartial referees. Civil Law or Roman Civil Law is derived from the law of Ecclesiastical Chancellors. It operates on the summary process. Equity Law, Law Merchant is the private rule of the bankers and merchants and is neither. It is only raw, private political power, alien and illegal to our Constitution. It deals with the law of Bills, Notes and Checks, and with negotiable instruments and commercial papers. It has plundered the wealth of the People, is outside of our Constitution, and is illegal. In the Common Law Courts the accused is given the right to counsel, or the Assistance of Counsel. The fundamental right of the accused to have representation by counsel shall not be denied or unreasonably restricted. In the Common Law Courts the accused has the right to defend himself, if he so chooses to represent himself rather through an attorney. He cannot be compelled to employ prosecutions, employ counsel, or to accept services assigned by the court and may except counsel from anyone he chooses. The Sixth Amendment states: In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district has been previously ascertained by law, and to be informed of the nature the cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.'' For over 600 hundred years since the Magna Charta of 1215, Chapter 39 states: No freeman shall be captured or imprisoned or disseised or outlawed or exiled or in any way destroyed, nor will we go against him or send against him, except by the lawful judgment of his peers or by the law of the land. The Common Law right of the jury to determine the law as well as the facts remains unimpaired. State v. Croteau, 23 VT 14,54 The Jury has a right to disregard the opinion of the court in criminal case, even on a question of law; if they are fully satisfied that such opinion is wrong. People v. Videto 1 Parker, Gr R.603 Which provides that, in prosecution for criminal libel, the jury, after received the direction of the court, shall have the right to determine at their discretion, the law and the facts is constitutional. See: State v Meyer, 58 VT 457, 3 A, 195'' Comp. laws (1885), p.360,S 275.
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The Common Law Jury not only has veto power over all legislation of a President, but over all legislation of the representative government. Juries are bound or sworn to follow the Courts instruction as to the Constitution, they are sworn to follow their own consciences to convict the guilty and acquit the innocent, The jury has the authority to decide the facts and the law in bringing a verdict. The State functions in two capacities: 1. In behalf of the People of the State in Common Law actions, and, 2. As a person in a corporate capacity to protect and enforce its interests through Summary proceedings. But the state is still bound by the United States Constitution. (Martin v Hunter's Lesses,) 1 Wheat 304. As where rights secured by the Constitution are involved, there can be no legislation or rule making which would abrogate them. Miranda v Arizona 384, US 491. All laws which are repugnant to the Constitution are null and void. Marbury v Madison, 5 US (2 Crunch) 137, 174, 176, (1803). An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed. Norton v Shelby County 118 US 425 p 442. Being a juror in a trial setting, and judging a persons future is a great responsibility, and a duty. When it comes to your individual vote of innocent or guilty, may you not be swayed by an eloquent persons speech, by a Justice, or by the closing of a day or weekend, or by a prosecutors professionalism and his use of skilled presentments, 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. May you be answerable to the Lord God Almighty.

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