3.) Common Law

    This page is continued from the “3 Modes of Jurisprudence- Common, Admiralty, & Equity Law under the “Intro to Law” section.

Knowledge of Traditional Common Law is Vital for Human Rights and for The Planet:

     Unlike Admiralty Law, which regulates commerceCommon Law is designed to protect “the common person” from commercial overreach.  “Natural rights”- the right to responsibly tend a piece of land & grow food in the soil (“Homesteading“), the right to forage, fish, or hunt (“subsistence” aka “survival“)– these are not more concepts- they’re also legal terms.  Below is a short list of “common law” legal terms, followed by common law procedural knowledge which helps explain how to apply these terms through the courts in order to have your rights enforced.

Definition of HOMESTEAD:

“The home place; the place where the home is.  It is the home, the house & the adjoining land, where the head of the family dwells; the home farm.  Technically, however, & under the modern homestead laws, a homestead is an artificial estate in land, devised to protect the possession & enjoyment of the owner against the claims of his creditors, by withdrawing the property from execution & forced sale, so long as the land is occupied as a home.”[1]

(Resources for Homesteaders)

Definition of SQUATTER:

(18c) 1. Someone who settles on property without any legal claim or title.  2. Someone who settles on public land under a government regulation allowing the person to acquire title upon fulfilling specified conditions.”

Definition of SQUATTER’S RIGHTS:

(1855) The right to acquire title to real property by adverse possession, or by preemption of public lands.”

(several more common law terms coming very soon)

     There are 11 Forms of Action according to traditional common law.  Today, these 11 forms of action have been simplified into the modern Civil Action.

    Thomas Jefferson provided a very telling quote in regards to the history of English Common Law in his letter to political reformer John Cartwright, 5 June 1824, wherein he stated:

    “I was glad to find in your book… of the Judiciary usurpation of legislative powers; for such the judges have usurped in their repeated decisions that Christianity is a part of the Common law. the proof of the contrary which you have adduced is incontrovertible, to wit, that… (continued in the below graphic)

     (continued)… but it may amuse you to show when, and by what means they stole this law in upon us. in a case of Quare impedit in the year-book 24. H. 6. folio. 38. [anno 1458.]…[2]

In Summary:

    Common Law is based on what most people would call common sense- “Well of course that’s how things should be- that just makes sense!”  In fact- one of the most famous writings in American history is called Common Sense by Thomas Paine– whose writings exemplify exactly why Common Law must remain intact; it is the “Checks & Balances” of the 3 jurisdictions, designed to prevent commercial codes (see Admiralty Law which is “the law of the sea”) from circumventing The Law of The Land.  Common Law is designed to ensure that money is used “to regulate commerce” instead of being used “to enslave people beneath the often otherwise subversive laws of economics”.  Here’s an excerpt from Paine‘s famous pamphlet which circulated throughout the Colonies from 1775-1776, called Common Sense:

Mankind being originally equals in the order of creation, the equality could only be destroyed by some subsequent circumstance; the distinctions of rich- and poor.  Oppression is often the consequence… of riches.

Male & female are the distinctions of nature, good & bad the distinctions of heaven; but how a race of men came into the world so exalted above the rest, & distinguished like some new species- is worth investigating, & whether they are the means of happiness or of the misery to mankind… the evils of hereditary succession…

Men who look upon themselves born to reign, & others to obey, soon grow insolent (showing rude & arrogant lack of respect)… their minds are early poisoned by importance… when they succeed to the government they are frequently the most ignorant & unfit of any throughout the dominions.“[3]

    When most people think of the legal system, they think of the Bill of Rights, Treaties with Native Americans, the “Gold Standard” currency– & so on.  Common Law also includes “the common sciences to which we are all bound” (i.e, gravity, physics, ecology, ethnobiology, resource management, etc.).  The right to Homestead is also preserved under Common Law.  Rent, however, would 

A Great Political Conundrum of Our Era:

   It is vital to become knowledgeable in how Admiralty & Common Law work in tandem with one another.  This knowledge, in context with how Admiralty (Commercial Codes) have circumvented Common Law, is essential i

    Traditionally, under English Common law, there must be “A Verified Complaint from a Damaged Party” in order to prosecute someone.  Today, the Common Law system has been simplified into the modern Civil Law system.  Once a Complaint is filed, the Defendant is guaranteed their inalienable “5th Amendment Right to Due Process”- meaning they “get their day in court” & cannot be prosecuted based on allegations alone- one must “prove the facts in court”.  The “fact based” legal system is designed to prevent innocent people from being prosecuted as has been done historically) based upon mere allegations (accusations).  Many Europeans & others were murdered historically after being accused of being “witches” or “pagans” & other non-sense like that.  We are an “evidence & fact” based system in order to prevent manipulative predators from hurting innocent people.  You may be accused of a crime, but here in America you have a “right to due process”- so don’t be afraid of the courts!

     As for “Common Law Courts” (which were adopted into the design of America from England through The Constitution), anytime someone is charged under the Common Law, there must be a “damaged party”. You are free under 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.  For instance, when you cross over the state lines in most states, 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. Being made to buckle up is a form of compelled performance- but Common Law cannot compel performance.

Any violation of Common Law is a CRIMINAL ACT , & is punishable.  The stipulation, however, is that under Common Law the Officers must be able to present “a verified complaint from a damaged party”; if they are unable to present such complaint, then they went outside their jurisdiction, & the accused must not only be found innocent, but they also then have the Right to collect Restitution for damages & for “Personal Injury” via performing a “Civil Action”.[4]

Definition of PERSONAL INJURY:

A non physical injury that occurs due to wrongful eviction, slander, false arrest or by violating the right to privacy of any person.

References:

[1]: All definitions from: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: National Archives, Founders Online, “Letter from Thomas Jefferson to John Cartwright, 5 June 1824”: https://founders.archives.gov/documents/Jefferson/98-01-02-4313

[3]: “Common Sense” by Thomas Paine

 [4]: “The U.C.C. Connection” by Howard Freeman: www.freedom-school.com/the-ucc-connection.html

How the U.S. Judicial System is Designed to Enable The People to Fix the System when used as Designed