2007年1月29日

普通法杂论

作者不详,来自外国网站。

Civil law or equity law is the law of the ruler;

Common Law is the law of the people.

It is the sworn duty of the Sheriff to obey and uphold the Constitution and to protect the property and Rights of the freeborn, Sovereign American individuals of the County.

County Sheriffs must be advised of the instances where unlawful acts of officials or agencies of government are committed. It is the duty of the Sheriff to protect the local citizens from such unlawful acts, even when they are committed "under color of law".

There is no lawful authority for Judges and the Courts to direct the law enforcement activities of a County Sheriff. The Sheriff is accountable and responsible only to the citizens who are inhabitants of his County. He is under Oath of Office, and need not receive unlawful Orders from Judges or the Courts. He is responsible to protect citizens, even from unlawful acts of officials of government. He should not allow his office to be used as an unlawful "lackey" of the Courts or Federal agents or agencies.

We Are Our Government
Since the formation of our Republic, the local County (or Parish) has always been the seat of government for the body politic (the People). A County (or Parish) government is the highest authority of government in our Republic as it is closest to the body politic (the People) who are, in fact, THE GOVERNMENT.

The Common Law of the States is founded and grounded upon substantive titles in real property, and no mere legislative enactment by Congress, State legislature or County Commissioners. Neither can judicial ruling by Federal, State or County Courts operate to deprive the People of their Rights at Law, including the Rights inherent in their Allodial Land Title Rights.

The Constitution of the United States of America, Article III, Section 2, authorizes Courts of Law and Courts of Equity; Judicial Equity is authorized; but nowhere does the Constitution of the United States of America authorize a single bit of either Federal Executive branch of government Equity jurisdiction, or Federal Legislative branch of government Equity jurisdiction. In other words, the promulgation and enforcement of Presidential/Congressional/Judicial edicts, dictates, rules, regulations or policies whether directly or through any Federal agent or agency such as the FBI, CIA, EPA, OSHA, IRS, etc. or with the aid and assistance of State or local lackeys is unauthorized.

For instance, the Constitution of the State of Iowa, as drafted in conformance to the Constitution of the United States of America, and being second thereto, Article V, Section 6, authorizes Courts of Law and Courts of Equity; Judicial Equity is authorized; but nowhere does the Constitution of the State of Iowa authorize a single bit of either State Executive branch of government Equity jurisdiction or State Legislative branch of government Equity jurisdiction.

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The Federal Bill of Rights was drawn and adopted to guarantee an estoppel (or bar) to the abhorrent Federal Executive and Legislative Equity jurisdiction, and therefore, the State Bill of Rights is also a guaranteed estoppel against any actual or de facto abhorrent State Executive and Legislative Equity jurisdiction; this is an abhorrent and oppressive Equity, because it purports to be able to administer, adjust and deny said Common Law Rights without first pursuing the appropriate remedy at Common Law and thus denying due process. Equity administration is in fact theft of Our Rights and a vicious dictatorship by those who exercise it.

In other words, Federal, Stale and County governments, both Executive branch and Legislative branch, must be at Law working within the Common Law), and may not impose any form of Equity jurisdiction upon the People, by compulsion, fraud or otherwise, without their knowledge and informed consent; otherwise any such enactments become and are nullities and do not exist at Law, because the Rights of freeborn, Sovereign American individuals would be violated if they were to be forced to obey them.

If any agency of the Federal, State or County government, including the court, would act as if it were Principal, and Freeman, against it's true Principal, the People, this would be an inversion of the legal principle of Sovereignty of the People. By so acting, any agency of the government, including the court, would be a pretender to the power, and as a pretender, it's acts would be a nullity and would not exist, at Law; that is to say, that it would be null and void, and of no force and effect, at Law. That, in fact, it would not be government at all, but would be a private, criminal operation, imposing a rule of force, fraudulently pretending to be government, since, in this country, the only legitimate function of government is to protect the Rights and freedoms of the People. Such acts are not unlike the privately owned and operated Mafia who demands our money (taxes, fees, etc.) in exchange for them not committing violence against us or our property. Sound familiar?

Each freeborn, Sovereign American individual has the authority and the Right to deny and to disavow all Equity jurisdiction, and to refuse to acquiesce to the jurisdiction of Courts of Equity, or to Equity jurisdiction of any Executive or Legislative branch of government agency or agent, State or Federal or County.

The Constitution of the United States of America, Article IV, Section 4, guarantees a Republican Form of government to every State.

The definition of a "Republic" is as follows:

"Republic: A state in which the sovereign power resides in a certain body of the people (the electorate), and is exercised by representatives elected by, and responsible to, them; "

Webster's Collegiate Dictionary, Fifth Edition .

The Courts of Iowa are nullities, and do not exist, either at Law or in Equity, because unelected State Judges have no jurisdiction at Law or in Equity, over any one or any thing, being in direct violation of each freeborn, Sovereign American individual's Right to a Republican Form of Government; which in this case is his Right to have an Elected Judge. This also includes the Right to Separation of Powers, because the Governor, as Chief Executive of the State, has no Judicial Power to delegate to an appointee. The Governor is of the Executive branch and has (lawfully) no say or jurisdiction within or over the Judicial branch.

The Governor of this or any other State is not a Chancellor (appointed by a King or dictator), nor are any officials appointed under him authorized to exercise any Judicial powers. There can be no delegated power in Chancery law to be executed under the alien, outlawed and illegal Roman Civil Law, unless agreed to by the freeborn, Sovereign American individual.

That evil and alien jurisdiction, the de facto Equity jurisdiction of the Roman Civil Law, allows judges to enforce the unlawful summonses of IRS agents, Highway Patrol Officers, city policemen, building inspectors, OSHA agents, FDA agents, and the agents of all other equally unlawful regulatory bodies of so-called government, who attempt to impose a jurisdiction in which the Rights of freeborn, Sovereign American individuals are unrecognized and violated.

That evil and vicious Roman Civil Law allows the 'judges' to have We The People arrested, jailed, and property taken away from us, or our property to be criminally trespassed upon and destroyed; all without a Common Law Trial by Jury, or just compensation, or due process of law. These violent acts by unelected dictators are committed often over simple idiocies such as "willful failure to file" a paper or failure to properly fill out a form or unknowingly not following some obscure and stupid procedure, rule or regulation.

Under the Common Law (Our Constitution), no bureaucrat can dictate what happens to Our liberty or Our property. The only entity that can determine punishment (pass sentence) upon a freeborn, Sovereign American individual is a lawfully constituted Common Law Jury.

Aiding and abetting the IRS (foreign agents to the States) and similar agencies in enforcing their unlawful summonses, fraudulent liens and assessments constitute an enforcement of the alien and evil Roman Civil Law and is in fact fascist totalitarianism.

Compelling a freeborn, Sovereign American individual to do anything, except upon the verdict of a Common Law Jury, constitutes an enforcement of the alien and evil Roman Civil Law and is in fact fascist totalitarianism.

Thomas Jefferson has been credited with the warning how the judicial branch of government would usurp the authority of the Executive and Legislative branches of government and turn the country into a judicial dictatorship.

He was right - it has happened.