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Hand Book

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Common Law




 

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The Law of Love

“Do unto others as you would have them do unto you.”

“Natural Law”— the Law of Freewill

stated as

“And so long as it harms none, do what ye will.”

 

The Absolute “Rights of Man”

The absolute “Rights of Man” considered as a free agent, Endowed with discernment to know “Good from Evil” and with power of choosing those measures which appear to him to be most desirable, are usually summed up in one general appellation, and denominated “The Natural Liberty of Mankind.” This Natural Liberty consists properly in a power of acting as on thinks fit, without any restraint or control unless by the Law of Nature, being a right inherent in us by birth, and one of the gifts of God to man at his creation when he endowed him with the faculty of free will. (1 Comm. C. “Spirit of Laws”)

 

“When the people fear the government you have tyranny,

“When the government fears the people you have liberty;” Thomas Jefferson

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“Democracy is the most vile form of government… democracies have ever been spectacles of turbulence and contention… incompatible with personal security or the rights of property.”
                     —James Madison

We have been educated in Government schools and told that a Democracy will give us freedom, why then was the United States of America founded as a Republic? And what is the difference between a Republic and a Democracy?

A Republic is Rule by Law, “God’s Law’s”

A Democracy is rule by Man’s Law’s, “Mob Rule”

Democracies always end in Tyranny!



“God’s Law’s”

Common Law – Unwritten Law

1.31 12(b) Jacobs Law Dictionary, 1811(V.4, p.89, S.3)

“Blackstone divides the municipal law of England into two kinds, the unwritten or Common Law; and the written Statue Law”

 

1.34 12(e) Jacobs Law Dictionary, 1811(V.6 p.115, c.1) “All printed collections of Statues are preceded by Magna Carta, 9 hen.III. as confirmed and entered on the statue role of 25 Ed.1. or the charter roll, 28 Ed. and that charter has now the force of a statue, “

 

1.32 12(d) Jacobs Law Dictionary, 1811 (V.1, p.253)

Defines Common Law as follows; COMMON LAW, lex communis} It is taken for the Law of this Kingdom simply, without any other laws; as it is generally holden before any statue was enacted in parliament to alter the same; and the Kings courts of justice are called, common law courts. The Common Law is grounded upon general customs of the realm and includes in it the Law of Nature, the Law of God and the Principals and Maxims of the Law, it is founded upon reason and is said to be the perfection of reason, acquired by long study, observation and experience and refined by learned men of all ages and is the common birthright, that the subject hath foe the safeguard and defense, not only of his goods, lands and revenues; but his wife and children, body, frame and life also. Co.Lit.97.142.Treatise of Laws, p.2” “The Common Law of England, is the common rule for administering justice, within his kingdom and asserts the kings royal prerogative’s, and likewise the rights and liberties of the subject; it is generally that law, by which the determinations in the kings ordinary courts are guided; and this directs the course of descents of lands, the nature, extent, and qualification of estates, and therein the manner and ceremonies of conveying them from one to another; with the forms, solemnities and obligation of contracts; the rules and directions for exposition of deeds, and acts of parliament; the process, proceedings, judgements and executions of our courts of justice; also the limits and bounds of courts, and jurisdiction; the several kinds of temporal offenses and punishments and their application & c.

 

1.32 12 (c) Whartons Law Lexicon, 1938,(14th ed. p.222) under the heading Common Law; The common law “is used in constradistinction to the statue law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statue law. It depends for its authority upon the recognition given by our Law Courts to principals, customs and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners “and suitors in the Courts, it is now recorded in the voluminous series of our law reports which embody the decisions of our judges together with reasons which they assigned for their decisions. –Ogers on the Common Law, p.59.” The distinction between written and unwritten law is adopted from the Romans, who borrowed it from the Greeks (inst. 1. 1, t. 2, ss. 3, 9, 10). In this distinguishing our own laws into the scripta or statue, and non-scripta or common, we use the latter in a peculiar and restrained sense; signifying by it nothing more than the original institution and authority of the law are now set down in writing, as is the case with 1.13 Acts of Parliament; but that it receives its binding powers, as a law from long and immense usage, and universal reception throughout the realm.”

Ancient Doctrine of the Common Law

Rights of the People

  1. The Right of Personal Security
  2. The Right of Personal Liberty
  3. The Right of Personal Property
  • The Right of Personal Security consists in a persons’ legal and uninterrupted enjoyment of his life, his limbs, his body, his health and his reputation.
  • The Right of Personal Liberty consists in the power of locomotion, of changing situation, or moving ones person to whatsoever place ones inclination may direct; without imprisonment or restraint, unless by due course. (on this right there is at present no occasion to enlarge. For provisions made by the laws of England to secure it, see this dictionary, titles Habeas Corpus; False imprisonment; Bail; Arrest etc.)
  • The Absolute Right of Property, inherent in every Englishman, consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only the laws of the land.

The Great Charter, C. 29 has declared that no freeman  shall be disseised or divested of his freehold, or of his liberties or free customs (or be outlawed, banished or otherwise destroyed, nor shall the King pass or send upon him) but by the judgement of his peers or by the law of the land;

Another effect of the Right of private property is, that no Subject of England can be constrained to pay any aids or taxes, ever for the defense of the realm, or the support of the government, but such as are imposed by his own consent or that of his representatives in Parliament.

 

Liberty  

Liberty is a word of utmost importance to mankind that they should clearly comprehend; for through a genuine Spirit of Liberty” is the Noblest principal that can animate the heart of man and that is what we are presenting here to those who would choose to be choosen and to those who have eyes to see and ears to hear for the Liberty of all humanity is at hand with the Right Action from the understanding of these inherent truths

       In its most general signification, is said to be a power to do as one thinks fit; by the Law of the land: and it is well observed, that human nature is never an advocate for this Liberty; it being the gift of God to man in his creation; therefore everything is desirous of it, as a sort of restitution to its primitive state. Fortest.96  It is upon that account the laws of England in all cases favor Liberty, and which is accounted very precious, not only in respect of the profit which everyone obtains by his Liberty, but  also in respect of the public.  2 Lil.  Abr.  169.

According to Montesquieu, Liberty consists principally in not

Being compelled to do any thing which the law does not require; because we are governed by civil laws, and therefore we are free, living under those laws.  Spirit of Laws, lib.26. c.20 

Liberty is unobtainable

Unless you are able to discern

“Good from Evil”

The absolute “Rights of Man” considered as a free agent, Endowed with discernment to know “Good from Evil” and with power of choosing those measures which appear to him to be most desirable, are usually summed up in one general appellation, and denominated “The Natural Liberty of Mankind.”

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 Mosaic representing both the judicial and legislative aspects of law. The woman on the throne holds a sword to chastise the guilty and a palm branch to reward the meritorious. Glory surrounds her head, and the aegis of Minerva signifies the armor of righteousness and wisdom.

Equity

In England the King was regarded as the “Fountain of Justice” and when any person conceived that he had been wronged, either in court or out of court, he had the privilege of petitioning the King for redress.

King unable to personally address so many petitions gave full authority to the Chancellors office to give relief in all matters of “Grace,” as these applications for redress were termed; and from this period time period petitions began to be addressed to the Chancellors themselves; and not the King. This delegation of authority was made in the year 1348; and, in the next fifty years, the Equity jurisdiction of the Chancellor was clearly established.

The jurisdiction of the Chancellor being thus established upon Grace and Conscience.

The role of equity is to supplant the Common Law and to provide remedies where the common law remedies are inadequate or non-existent. The Court of Equity was the Court of Conscience.

Law and Equity Act 1873: Fusion of Law and Equity: merged into the High Court of Justice (Also merged together at the same time: Admiralty, Probate, matrimonial) came to B.C. via the Law and Equity Act passed in 1879.

20 Maxims of Equity -fromWikipedia

Contents

Role of maxims

Maxims of equity are not a rigid set of rules, but are, rather, general principles which can be deviated from in specific cases.

[2] Snell’s Equity, an English treatise, takes the view that the “Maxims do not cover the whole ground, and moreover they overlap, one maxim contains by implication what belongs to another. Indeed it would not be difficult to reduce all under two: ‘Equity will not suffer a wrong to be without a remedy‘ and ‘Equity acts on the person‘”.[3]

List of Maxims

  • 1 Equity sees that as done what ought to be done
  • 2 Equity will not suffer a wrong to be without a remedy
  • 3 Equity delights in equality
  • 4 One who seeks equity must do equity
  • 5 Equity aids the vigilant, not those who slumber on their rights
  • 6 Equity imputes an intent to fulfill an obligation
  • 7 Equity acts in personam or persons
  • 8 Equity abhors a forfeiture
  • 9 Equity does not require an idle gesture
  • 10 He who comes into equity must come with clean hands
  • 11 Equity delights to do justice and not by halves
  • 12 Equity will take jurisdiction to avoid a multiplicity of suits
  • 13 Equity follows the law
  • 14 Equity will not aid a volunteer
  • 15 Where equities are equal, the law will prevail
  • 16 Between equal equities the first in order of time shall prevail
  • 17 Equity will not complete an imperfect gift
  • 18 Equity will not allow a statute to be used as a cloak for fraud
  • 19 Equity will not allow a trust to fail for want of a trustee
  • 20 Equity regards the beneficiary as the true owner