The unwritten law, the law that receives its binding force from immemorial usage and universal reception, in distinction from the written or statute law. That body of rules, principles and customs which have been received from our ancestors, and by which courts have been governed in their judicial decisions. The evidences of the this law is to be found in the reports of those decisions, and the records of the courts. Some of these rules may have originated in edicts or statues which are now lost, or in the terms and conditions of particular grants or charters; BUT IT IS MOST PROBABLE THAT MANY OF THEM ORIGINATED IN JUDICIAL DECISIONS FOUNDED ON NATURAL JUSTICE AND EQUITY, OR ON LOCAL CUSTOMS.
The Common Law is that which derives its force and authority from the universal consent and immemorial practice of THE PEOPLE. It has never received the sanction of the legislature, by any express act, which is the criterion by which it is distinguished form the statute law... The evidence of our common law is contained in our books of Reports, and depends on the general practice and judicial adjudications of our courts. The common law is derived from two sources: the common law of England and the practice and decisions of our own courts... It may however be observed generally, that it is binding where it has not been superseded by the constitutions of the United States or of the several states or by their legislative enactments, or varied by custom, and where it is founded in reason and consonant to the genius and manners of the people.
As distinguished from law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government, and security of persons and , property, which derive their authority SOLELY from usages and customs of immemorial antiquity and the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and, in this sense particularly the ancient unwritten law of England.. The Common Law consists of those principles, usages and rules of action applicable to government and security of persons and property which do NOT rest for their authority upon any express and positive declaration of the will of the legislature.
"Natural Law exists to maintain the natural peace and equity between people and is their shield and protector against unjust rule, rather than a force over them. Within the ancient traditions of tribal communities, especially the Anglo-Saxon world, this Law evolved into what became known as the Customary or Common Law, or the Law of the Land.
The Common Law derives its authority from the people themselves, and from the capacity of the people to know what is just and to judge right and wrong for themselves. This capacity is expressed in a jury system of twelve freely chosen people who are the ultimate judge and authority under Common law and its courts... Common Law and Civil Law are therefore fundamentally opposed and are at war with each other."
"Any authority that rules unjustly and arbitrarily, without the free and uncoerced consent of the people, has lost its right to rule and can be lawfully overthrown."
(All quotes from "Common Law Community Training Manual- Establishing the Reign of Natural Liberty: The Common Law and its Courts" ~ Issued by The International Tribunal into Crimes of Church and State (Brussels), 2021)
"Unjust government is not government but tyranny."
A: There are 6 major tenets to common law:
(According to Edwn John Jacob: The principle of the common law of England, 1842)
1. Consent. All the laws to which the people are subject have been virtually made with their own consent. No greater proof of the true liberty of a country could be adduced, than the participation of the people in instituting the laws by which they were to be governed. (The Principle of the Common Law" Edwin John Jacob, 1842)
2 Trial By Jury. One of the most sacred principles of the Common Law. Regarded as the bulwark of freedom. What better security could any man enjoy or desire; than that he cannot be affected, either in his person, his liberty, or his property, but by the deliberate and unanimous consent of twelve of his own neighborhood equals, solemnly reminded as the law requires them, to be in every instance that if they give a verdict in any way contrary to justice or truth, they must expect condign retribution if not from the present dispensations of Divine Providence yet from "God at his holy doom". (The Principle of the Common Law" Edwin John Jacob, 1842
The jurors determine the LAW and the FACT. There are no attorneys or judges. The jurors first determine the validity of the law that has supposedly been broken: Is it valid or not? They have the power to nullify the law! This is called JURY NULLIFICATION. THEN- if a valid law, the jurors determine the verdict and the sentence/punishment. In addition, the accused shall have the benefit of the doubt. See the tab TRIAL BY JURY for more complete information.
3. The right to OWN PROPERTY in allodium; without fear of molestation or encroachment; and to make use of it as one wills. No property taxes or government "rules" of use. "The peaceable possession and right of property should be preserved inviolate... A man may use his property as he pleases during his life." Edwin John Jacob, 1842
4. The Right of Inheritance of property to legal heirs. (no government interference, no inheritance taxes!)
5. The Right to Contract... "To afford every facility to exchange and commerce, while for the prevention of mistake and confusion, certain forms are prescribed to render such contracts valid" Edwin John Jacob, 1842
6. The Main and Greatest Tenet: DO UNTO OTHERS AS YOU WOULD HAVE DONE UNTO YOU. This Christian principle is part and parcel of Common Law. It is not just about an external action but one of an internal nature...loving our neighbors as we love ourselves. We are not a "subject" of a man or government (unless we consent, or give up our God-given rights) We are ALL EQUAL and subject to no other man. We are only subject to the laws of Nature and Nature's God - The King of Kings.
In Summary: The Common and Natural Law is the "jurisdiction" in which mankind is to live under or by. Cause NO HARM, INURY OR LOSS to another living soul or their property. HONOR your word and your contracts. (These are aspects of Natural Law.)
HAVE YOU READ THE DECLARATION OF INDEPENDENCE? CAN YOU SEE COMMON LAW there?
HAVE YOU READ THE CONSTITUTION for the United States of America? WHAT POWER & AUTHORITY DID OUR FOUNDERS (on behalf of the PEOPLE) consent to give to our "Federal Government" when creating it? (No more. No less.)
HAVE YOU READ YOUR STATE CONSTITUTIONS? (From the first one to the most recent). CAN YOU SEE WHAT HAS TRANSPIRED?
Make no mistake, we the people are to be self-governing according to the laws of nature and nature's God: Common Law & Natural Law. Over the past 150 years, our public servants in both federal and state governments have committed fraud through twisting the use of and definitions of words. This very action duped us into giving CONSENT and giving up our God-given rights- the very thing they are to PROTECT.
The American people must take action and responsibility for learning what they have removed from our public education. We MUST hold our PUBLIC SERVANTS to account and correct the tyrannical overreach on the rights and lives of the American people.
We start this process by forming our ARTICLE 1 ASSEMBLIES!!! And jumping on the education calls and Assembly Support Calls!! We learn what it means to PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES! And START DOING IT!!!
We HOLD ALL THE POWER!!!