George Gordon and Common Law

[netwrkranger]

Courtesy of George Gordon radio archives, Common Law 1-7. George is pretty heavy into the Old Testament and Mosaic Law.

Common Law

Common Law
Common Law and Civil Law are the 2 forms of law on Earth.
Declaration of Independence was a declaratory trust, a public trust within the Law of Nations.
Grievances listed against the King were violations of the Law of Nations and the rights of freeborn Englishmen.
- Common Law is predicated upon inalienable rights, strict liability (responsibility), and property.
Common Law dealt with the land and the people on the land.
Common Law is based on land, labor, and substance (gold, silver, food, cattle).
Common Law bans usury, interest, insurance, and banking.
Common Law is based on land, labor, and substance.
Common Law is based on rights. To constitute a crime requires damage to life, liberty, or property.
Common Law requires that one be individually and personally responsible for your actions.
Common Law is based on strict liability under the Law of Negligence.
Common Law is the source of rule for the people (they as a whole are sovereign). - J. Reuben Clark
Common Law is unwritten law.
Common law courts can hear admiralty issues and must proceed using the procedures of the Civil Law.
US Court of Claims is a Common Law court.
Common Law seeks to remedy a damage after it has occurred.
Writ of Error is a process of Common Law jurisdiction.
Allodial lands is Common Law derived from feudal tenures in real property.
After Revolutionary War, all land became allodial title in allodial freehold even over the colony or State. No lords or overlords.
Land is either allodial or feudal (owned by King).
The Land Patent Act of 1820 begins moving land out of allodial title into equitable titles and interests.
HJR-192 terminated national Federal Common law.
Government taxes commerce not property.


Common Law – Biblical
Law of Commoners with roots in Moses and the 10 Commandments. Law of the People.
Biblical: The 10 Commandments were law supported by statutes. Judgments were made by Levite and Issacharic priests. Ordinances were synonymous with penalties.
Derived its authority solely by usages and customs of immemorial antiquity. It is the legal embodiment of common sense and its guiding star has been the Golden Rule.
Golden Rule: Do not do unto others as has not been done unto you.
The foundation of the Common Law is the 10 Commandments, Mosaic Law.
The Bible is the foundation of all law (Western jurisprudence).
The jury system comes from Mosaic Law. Limited government, property, and property rights are all hallmarks of the 10 Commandments.


Some history of Common Law
Hebrews or Brutus of Troy brings Common Law to England. Codified by Brutus of Troy.
Alfred the Great codifies the Common Law again in the Book of Doomes. 872 AD
- William the Conquerer conquered England in 1066 AD. William brings Roman Civil Law with him.
Barons of England forced King John to sign the Magna Carta at Runnymede Hill in 1215 AD.


Civil Law
Roots stem all the way back to Hammurabi's Code.
Civil Law comes from a Constitution which also entails statutes, legislature, judiciary, and executive, judgments, and penalty clause of statutes by license and consent.
In Civil Law, prosecution was by the Chancellor who was not an impartial referee in a dispute. Modern day equivalent would be BINDING ARBITRATION that one signs themselves into in a credit card contract. This is the Roman Civil Law practice of the Chancellor.
Civil law is codified law.
Civil Law is law of the king, sovereign, potentate, etc.
Civil Law is predicated upon franchise, privilege, limited-liability (insurance), and equitable interests.
Civil Law is based on a contract over time based for profit and gain.
Civil Law is based on privilege. To constitute a crime requires acts or omissions upon statutes with penalties to protect the public interest.
NO PROPERTY RIGHTS in a contract over time for profit and gain. Equitable interests.
Civil Law requires a license. Responsibility transfers to a guardian. Responsibility given up for insurance.
Civil Law is the source of rule for the sovereign. - J. Reuben Clark

Equity

The King appointed his 1st minister (Chancellor) to handle some legal issues. This is the foundation of equity (fairness and best interest).
Equity jurisdiction designated in personam. There are NO RIGHTS in equity, just privileges. Equity is such that an individual can be subjugated only if he volunteers or gives his informed consent (CONTRACT). All laws are predicated upon contract (Equity Law).
In equity, there are no right to jury trials.
The Chancellor hears both questions of law and facts and decides what those are.
If there are juries, they are ADVISORY juries. These juries are not permitted to hear arguments concerning the law (JURY INSTRUCTION).
Controversies are decided by the Chancellor. Chancellor is also the chief prosecutor. Chancellor can go to any source he chooses including his own conscious to justify decisions.
Equity operates on summary process, which is in contradistinction of the due process clause. Equity operates on the rights and privileges of the State or Chancellor.
Equity jurisdiction is also called Chancery jurisdiction.
Bankruptcy is the counterfeit of the Year of Release. Jubilee year.
Appearances are voluntary.

History of Equity

Early Americans were subjected to the foreign and alien jurisdiction of lawless equity out of the Roman Civil Law in the form of obscenities such as writs of assistance which allowed summary plundering of the colonists' wealth and substance to the advantage of the East India Tea Company which controlled Parliament.


Admiralty Law

Law of Commerce (Maritime Law)
Is based on acts committed on the sea and prize.
Prize is law dealing with war and the spoils of war such as capture of ships, goods, materials, and property both real and personal.
Maritime causes is the system of law which relates to commerce and navigation and controversies arising from maritime ventures which are adjudicated in admiralty courts.
- Subject matter need not be on a ship to be attached to admiralty jurisdiction. The subject matter merely needs to fall within scope of maritime law.
Bills, notes, checks, and credit fall under the jurisdiction of maritime law.
There are no rights or privacy in maritime jurisdiction.
No admiralty court in the land has any jurisdiction to hear common law issues.
Federal District Court is a court that listens to Admiralty actions.
Maritime Law is a class of cases heard in the courts of Admiralty.
Admiralty seeks to prevent a damage before it has happened.
Appeal is a process of Admiralty jurisdiction.
Admiralty depends as to the contract upon the subject matter.
Neither the Judicial Act nor the Constitution limit Admiralty jurisdiction with respect to place.
Contracts, torts, injuries, maritime hypothecations, and insurance can all be subject matters of Admiralty jurisdiction.
In rem jurisdiction must be established before in personam jurisdiction in Admiralty. Can't be forced without stipulation into an in personam appearance in admiralty. Appearances are voluntary.
Maritime Law includes bills, notes, checks, credit cards, stocks, bonds, credit.
No marriage or family unit. Marriage license is a limited general partnership.
No personal or property rights.
Limited-liability in place of payments (extinguishment) of debts.
Can compel performance.
(Advisory) juries optional. Chancellor decides the facts and the law. Evidence permitted by Chancellor. Juries take the law as dictated by the Chancellor.
Victim can be penalized.
Chancellor can make any act or omission of an act a crime and impose sanctions (penalties).
Only issue to be litigated was whether the act was committed.

Some history of Admiralty

Historical Roots: Isles of Rhodes 900 BC. Rolls of Oleron, Hanseatic League (Germany)
Maritime Law of the Romans was their basic Civil Law.
Admiralty system of law practiced in Europe was called Civil Law also known as Roman Civil Law derived from the Law of Ecclesiastical Chancellors. It is partly the ancient law of Rhodes and the Law of the Merchant trader upon commercial documents.

Federal Reserve

The Federal Reserve is an eleemosynary trust
Payment (common law, substance, gold, silver) v. Discharge (limited-liability, insurance, FRNs)
FRNs are an insurance underwriting scheme that is a tontine wagering scheme.
US citizens are surety underwriters of the US national debt.
Federal Reserve premium payments are people and property pledged to the pool.
Federal Reserve is a maritime lender, insurance underwriter. Little to no liability for them.
Labor is pledged to obtain units of credit (FRNs) to pay the Federal Reserve (taxes).


Jurisdiction
All law is contract.
Contracts can make the law.
Jurisdiction is the capacity and power to affect a remedy.
The 4 areas of jurisdiction are in rem, in personam, venue, and ability to affect remedy.
The Constitution provides for only 3 jurisdictions of law: common law, equity, and admiralty.
Forms of action are criminal and civil.
Common Law and Admiralty Law both have civil and criminal forms of action.
Equity ONLY has civil forms of action.
All jurisdictions have cognizance over civil actions.
Depends on the subject matter, controversy, and nature of the cause.
- Bound by principals, rules, and procedures of that jurisdiction.


Court cases and others

People v. Ballard, 155 NS 2nd, p59
Seegar v. US, 380 US 163
Public Law 97-280;
Bains v. The Schooner James and Catherine
US v Southeast Underwriters Association
Wallace v. Harmstad
Ramsay v. Allegre

[netwrkranger]

Just reporting the information as given to me by George Gordon.

[netwrkranger]

From my notes, I know he gave that listing of Public Law in reference to his statement that, "The Bible is the basis of all law".

[netwrkranger]

Codee??

Returning so soon ???

[psholtz]

Originally Posted by netwrkranger

From my notes, I know he gave that listing of Public Law in reference to his statement that, "The Bible is the basis of all law".

I wonder if one could say that the Bible was the basis for Roman civil law?

In the U.S., we have two rather distinct forms of law, (a) the common law, which many trace (through King Alfred) back to the Bible; and (b) a modernized form the Roman civil law.

My question though, is did the Romans use the Bible as their basis for law?

I'm guessing probably not..

(Just stating opinions of the purpose of discussion.. :-)

[netwrkranger]

Right to the Castle wrote:
Did he give the whole law? The whole thing is one paragraph.

You really should have looked it up. you did not though. You took it on faith didn't you?

Shame shame.

I generally trust George Gordon. I dig deeper when necessary. From the knowledge that I currently have, most of that information there is correct, in my opinion. If there are any errors, I'm sure the sharp members of Sui Juris will point them out.

The shame, shame comment I take under advisement. But I have to say, that no shame is felt on my part =D.

As far as the Romans go, didn't they codify their law into Corpus Juris Civilus?

[psholtz]

Originally Posted by Right to the Castle

Probably not since Rome existed before the bible.

Indeed..

And admiralty/maritime law, which according to above traces its roots to Hammurabi, also probably probably antedates the Bible.. Hammurabi again being older than most Biblical Scripture.

So there are certainly law systems that do not derive from the Bible, but perhaps it can be said the the Bible is an excellent compendium of common law.

[netwrkranger]

Would that PL you cited there not support Gordon's claim that "The Bible is the basis of all law" or at least English Common Law at least in part?

While you are at it Codee, you might as well release the rest of your grievances (if any) with the thread.

[netwrkranger]

Codee wrote:

No. It appears to say that the bible influenced American law. I do not see it as saying it is the "basis" for American law.

Fair enough. What I had put in quotes were George Gordon's words however. Again, he is a pretty heavy believer in Mosaic Law. Actually... very heavy, but his broadcasts are most informative. I don't agree with everything, but I learn a lot in listening to him.

[netwrkranger]

From listening to Gordon's achive, he states that Maritime/Admiralty Law was the Civil Law of the Romans. Christianity would have really had major impact on Roman Law about the time of Constantine (first Christian Roman emperor).

Equity (law) began its development in England after the time of the Crusades.

Very interesting...

Equity

In modern practice, perhaps the most important distinction between law and equity is the set of remedies each offers. The most common civil remedy a Court of law can award is money damages. Equity, however, enters injunctions or decrees directing someone either to act or to forbear from acting. Often this form of relief is in practical terms more valuable to a litigant. A plaintiff whose neighbor will not return his only milk cow, which wandered onto the neighbor's property, for example, may want that particular cow back and not just its monetary value. However, in general, a litigant cannot obtain equitable relief unless there is "no adequate remedy at law"—that is, a court will not grant an injunction unless monetary damages are an insufficient remedy for the injury in question. Law courts also enter orders, called "writs" (such as a writ of habeas corpus) but they are less flexible and less easily obtained than an injunction.

Another distinction is the unavailability of a jury in equity: the judge is the trier of fact. In the American legal system, the right of jury trial in civil cases tried in federal court is guaranteed by the Seventh Amendment, but only "[i]n Suits at common law," i.e., in cases that traditionally would have been handled by the law courts. The question of whether a case should be determined by a jury depends largely on the type of relief the plaintiff requests. If a plaintiff requests damages in the form of money or certain other forms of relief, such as the return of a specific item of property, the remedy is considered legal, and a jury is available as the fact-finder. On the other hand, if the plaintiff requests an injunction, declaratory judgment, specific performance or modification of contract, or other non-monetary relief, the claim would usually be one in equity.

Trusts

The trust law developed in England at the time of the Crusades, during the 12th and 13th centuries. The trust was introduced by Crusaders who may have been influenced by the waqf institutions they came across in the Middle East.[7][8] At the time, land ownership in England was based on the feudal system. When a landowner left England to fight in the Crusades, he needed someone to run his estate in his absence, often to pay and receive feudal dues. To achieve this, he would convey ownership of his lands to a friend, on the understanding that the ownership would be conveyed back on his return. However, Crusaders would often return to find the legal owners' refusal to hand over the property.

Unfortunately for the Crusader, English law did not recognise his claim. As far as the courts were concerned, the land belonged to the trustee, who was under no obligation to return it. The crusader had no legal claim. The disgruntled Crusader would then petition the king, who would refer the matter to his Lord Chancellor. The Lord Chancellor could do what was "just" and "equitable", and had the power to decide a case according to his conscience. At this time, the principle of equity was born.

The Lord Chancellor would consider it unjust that the legal owner could deny the claims of the crusader (the "true" owner). Therefore, he would find in favour of the returning crusader. Over time, it became known that the Lord Chancellor's court (the Court of Chancery) would continually recognise the claim of a returning crusader. The legal owner would hold the land for the benefit of the original owner, and would be compelled to convey it back to him when requested. The crusader was the "beneficiary" and the friend the "trustee". The term use of land was coined, and in time developed into what we now know as a trust.