Some people think there are no longer common law courts in the united states of America, because they think that the court is the building that court is held in. That is just a building. The papers filed to start an action is what determines the type of court.
The "Man" and the "Woman" are the sovereign in the united states of America or any other republic for that matter. As such, no law passed by any legislative branch of government has any legal force of authority over the "Man" or Woman. The appropriate course of action when pulled into any court is to challenge the jurisdiction of the court by filing a NOTICE and CLAIM. When you do this, you must call yourself the aggrieved by filing a claim in a court of record. A court of record is a common law court wherein the court is "the person and suit of the aggrieved". In a court of record, the judge (God, the creator of the universe, is "Man's" only judge in a court of record (common law) ) the man in the black robe is merely a magistrate and does not have the authority to make decisions, offer opinions or issue orders.
The vast majority of the time that one is pulled into court, he is pulled into either admiralty or equity court. If you hire an attorney, you are typically ceding jurisdiction to this admiralty/equity court. That means you are consenting to that court's jurisdiction, a voluntary act you must not do. The consent occurs even if done so inadvertently. Equity courts are presided over by chancellors. The chancellor was appointed by the king to oversee simple complaints. (Remember, common law is based on old Emglish law i.e. Magna Caeta.) The chancellor was permitted to make law as he saw fit to settle a claim fairly. An example of an equity court is the one in which Irwin Schiff was convicted on October 24th, 2005. He was convicted for filing "false tax returns" for the years 1997 through 2002. According to transcripts, during the trial, Schiff's defense attorney made numerous attempts at quoting United States Code and previous cases regarding income tax that would have resulted in an acquittal had the jury heard the testimony. However, the trial judge, Kent Dawson, actually stated, "In my court I am the law." He has been criticized for this statement, but he was correct. Of course, since American people are not required to pay income tax or file income tax returns, why would he file a return to begin with?
So let's take a look at the definitions of a court. According to Black's Law Dictionary, 4th Ed., 425, 426
INTERNATIONAL LAW
The person and suite of the sovereign; the place where the sovereign sojourns with his regal retinue [a group of advisers, assistants, or others accompanying an important person], wherever that may be ...
CLASSIFICATION
Courts may be classified and divided according to several methods, the following being the more usual:
COURTS OF RECORD and COURTS NOT OF RECORD. The former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt. Error lies to their judgments, and they generally possess a seal. Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded. Cf. [compare to:] 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231.
A "court of record" is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial. Cf. [compare to:] Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689.
Since, the common law is based on international laws that have been in place for centuries, this definition would apply. It is recognized in the Constitution for the United States of America. All mentions of law in the Constitution refer to the common law, which was the predominate practice at the time. Common law is rarely used now , because it is harder for judges to take advantage of people in favor of government. After all, they are government employees. They know that they are merely magistrates in a common law court and do not have the authority to make decisions or orders.
So let's see what a judge actually is according to Black's Law Dictionary, 4th Ed., 1103.
MAGISTRATE
Person clothed with power as a public civil officer. Cf. [compare to:] State ex rel. Miller v. McLeod, 142 Fla. 254, 194 So. 628, 630.
A public officer belonging to the civil organization of the state, and invested with powers and functions which may be either judicial, legislative, or executive. But the term is commonly used in a narrower sense, designating, in England, a person intrusted with the commission of the peace, and, in America, one of the class of inferior judicial officers, such as justices of the peace and police justices. Cf. [compare to:] Martin v. State, 32 Ark. 124; Ex parte White, 15 Nev. 146, 37 Am.Rep. 466; State v. Allen, 83 Fla. 655, 92 So. 155, 156; Merritt v. Merritt, 193 Iowa 899, 188 N.W. 32, 34. ...
The word "magistrate" does not necessarily imply an officer exercising any judicial functions, and might very well be held to embrace notaries and commissioners of deeds. Cf. [compare to:] Schultz v. Merchants' Ins. Co., 57 Mo. 336.
As we can see, this would not allow the judge to perform the duties of a tribunal.
The best way to get a firm grasp on common law is to listen to the four hour seminar given by Bill Thornton. It is a four hour seminar broken into three segments. It will give you a very good comprehension of common law. It is a must if you are to take responsibility for your lawful wellbeing.
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