The common law is beautifully simple, easy to understand and can be communicated adequately on a single sheet of paper, in plain English.
Common law is an evolved ancient collective agreement between the People regarding what conduct is deemed to be honourable, acceptable and in keeping with their inherent and inalienable rights to life, liberty and property. These rights were not granted to the People by a government, they are natural birthrights. The common law exists to protect those rights.
Common law is an evolved ancient collective agreement between the People regarding what conduct is deemed to be honourable, acceptable and in keeping with their inherent and inalienable rights to life, liberty and property. These rights were not granted to the People by a government, they are natural birthrights. The common law exists to protect those rights.
Britain is a common law country where we are
administratively governed and policed by consent. There are very distinct differences between legislative Statutes created by Parliament and the laws of the land known as common laws. In a true democracy the laws are created and controlled by the People, whereas in a dictatorship the government creates and controls the laws.
Everyone is accountable for their actions, provided that a moral choice is open to them. Common law is common in the sense that it is common to all men and women; people everywhere share it in common; it applies to and emancipates everyone equally without exception: all men and women are subject to it and it is the timeless duty of all people to recognise, constitutionally emplace and uphold the supremacy of common law. The jurisdiction of common law encompasses all of the British land mass and the Commonwealth.
Everyone is accountable for their actions, provided that a moral choice is open to them. Common law is common in the sense that it is common to all men and women; people everywhere share it in common; it applies to and emancipates everyone equally without exception: all men and women are subject to it and it is the timeless duty of all people to recognise, constitutionally emplace and uphold the supremacy of common law. The jurisdiction of common law encompasses all of the British land mass and the Commonwealth.
It is law based upon moral principles. The people make the law through their
acceptance and validation by jury decisions in a properly convened common law Court de Jure. This means the full, un-abridged Trial-by-Jury; not the watered-down version we
have today. The full system of Trial-by-Jury that we did have at one time and
are still supposed to have now, has much sharper teeth and a far greater scope.
Common law can be summarized quite simply as:
- Do no intentional harm
- Cause no loss
- Keep the peace
- Be honourable in agreements
There is a compulsion to obey laws. Laws defend our freedoms
and liberties and through them we live in peace and harmony with our
neighbours. Failure to comply with laws would render an individual an outlaw.
If you do not respect the law then it can afford you no protection.
The common law is egalitarian, it aims to protect our most
basic human rights, our inherent natural rights. Some say it protects our “God given rights”, this
may be so but common law is and needs to remain secular for obvious reasons in
today’s mixed communities. The
controversies of theism, religions and spiritualism, which have created
sociological divisions over many centuries have
no place in the secular common law courtroom of equal justice. We all have the basic right to live freely
without suffering deliberate loss, harm or fraud by another, regardless of
others’ spiritual beliefs. Equal justice
is pure and uncompromising. There is no
place in the common law judicial process for taqiyya, kitman, sharia or any other
thesis which prescribes or advocates protection of its religion or members from
honest justice. Adherents of these
practices self-disqualify from jury-service in a common law trial by jury
process.
For anyone new to exploring their common law rights, the
first point of reference should always be their own common sense and capacity
for critical thinking. People are too often
found looking for sources and references, such as the 1100 Charter of Liberties
or the 1215 Magna Carta, to prove the existence or validity of the common law
and lawful rights.
It is vitally important to recognise that these charters were not creating new rights, they were merely recognising the lawful rights which already existed, rights which you don't need to ask for. You may need to defend them but should never need to ask for what is already yours. They are yours by birthright. The reason for the overwhelming lack of awareness of the truth and power of common law dates back to the turn of the 13th century. During the 12th century the law was taught in the City of London, mainly by priests. However, a papal bull of 1207 prohibited the clergy from teaching the common law.
It is vitally important to recognise that these charters were not creating new rights, they were merely recognising the lawful rights which already existed, rights which you don't need to ask for. You may need to defend them but should never need to ask for what is already yours. They are yours by birthright. The reason for the overwhelming lack of awareness of the truth and power of common law dates back to the turn of the 13th century. During the 12th century the law was taught in the City of London, mainly by priests. However, a papal bull of 1207 prohibited the clergy from teaching the common law.
The 1215 Magna Carta, was an important and timely
reassertion of the common laws of the 1100 Charter of Liberties, which was
itself a reissue of the common laws of William I, which was a reissue of the
common laws of Edward the Confessor, which were themselves a reissue of the
first book of English Constitutional Law, the Dome promulgated by King Alfred
the Great in 886.
It is worth repeating that none of these documents granted
anything new, they were simply restating and reasserting the pre-existing
common laws of the land. We were all
born with the natural equal rights to life, self-determination and freedom from
any deliberate harm, theft or fraud by others. You do not need to approach anyone with your cap
in hand to ask for these inalienable rights, they are already yours. If any individual has a need to ask for these
rights from another individual or organisation, including the government,
serious questions must be asked regarding the health of that particular relationship.
The earliest records that I have been able to trace of our
British common laws date back to the 9th century. Saxon King Alfred the Great (871-899) was
known for many great attributes and accomplishments, not least for his famous
Law Code. In 1892, the famous German
Church Historian Rev. Professor Dr J.H. Kurtz called King Alfred the greatest
and noblest of all the monarchs England has ever had. The roots of King Alfred’s Book of Laws, the
Dome, came forth from his travels to all the old kingdoms where he collected
and compiled the peoples’ ancient laws and customs. These included the, as then already
long-established, laws of Kent, Mercia and Wessex. Customs are behaviours or practices which have
existed for a very considerable length of time in society and met unanimously
with the approval of the People. By its
very nature a custom cannot be repealed, as it is the rule of the land and its
people.
King Alfred the Great was not only the first leader to codify
the common laws, he was an elected King who united England, a great peacemaker,
a statesman, he instituted the Witan administrative council, he reaffirmed the
sovereignty of the juror in deciding the law (Unanimity), reaffirmed the
judicial role of the jurors in Trail-by-Jury, returned ‘convenors’ to their
correct non-judicial role of court administration (today miscalled judges), and
also personally translated several literary classics from Latin for the English
to read. Alfred’s principle of ‘Unanimity’
demanded that for a guilty verdict to be passed, the jury must pass a unanimous
verdict where all twelve jurors found the defendant guilty, beyond all
reasonable doubt. Alfred established
that when there is a doubt, it is in the interests of all people that justice
should save rather than condemn.
The British Constitution; which can be simplified as being
comprised primarily of the common laws, the 1215 Magna Carta and the Coronation
Oath of the Sovereign to protect those laws; is the foundation of our law. Most in the legal profession don’t appear to
be properly educated about our constitution – that should tell you all you need
to know about what the State desires, especially considering that it controls
and regulates the education system.
In common law, any attempt to undermine the Constitution of
Great Britain is unlawful, contrary to R v Thistlewood (1820) which states that
any attempt to undermine or destroy the constitution would be an act of
Treason.
All of our rights are absolute. King Alfred the Great
hanged forty judges who conducted unfair trials. Our right to a fair
trial, freedom of expression and assembly cannot be withdrawn. Kings who
have tried this have been punished with death - William II (Rufus), Edward
II Charles I and James II who was forced to flee the Kingdom.
The power of the common law lies within the consciousness of
the People. It hasn't gone anywhere but, in its most powerful and complete form it does
appear to have been deliberately airbrushed out of awareness behind the vast expanse
of smoke and mirrors that are today’s parliamentary Statutes and Acts. All our common laws, rights and customs
predate the Government. The State did
not give us these rights nor can it lawfully take them from us, unless we
willingly allow it through our consent, apathy or ignorance.