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Common Law

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Written by Andy

I give you this from an unknown source to educate yourself. It does make one query the ‘rights’ of the ‘common man’. Do our ‘rights’ translate to ‘liberties’ and what influence and control does government have over us? Are our rights ‘inherent’? Do we have ‘natural rights’ and do we have ‘God-given rights’?
In 1689 , John Locke wrote that all individuals are equal in the sense that they are born with certain ‘inalienable’ natural rights. That is, rights that are ‘God-given’ and can never be taken or even given away. Among these fundamental natural rights, Locke said, are: “life, liberty, and property”.

Thomas Jefferson wrote the most profound words in the Declaration of Independence with this statement:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

He had altered John Locke’s ‘property’ to ‘pursuit of happiness’ The understanding is that the ‘unalienable rights’ are ‘God-given’. Thus, they cannot be taken away by act of law.

The Declaration of Independence

That was a bunch of ‘old white men’ doing the r’right thing’.

Here is the passage that was interesting:

Article 259 – Common Law

Common Law is an inequality system of law created by King Henry VIII and Venetian advisers in 1548 upon the complete remodeling of the Executive, Legislature and Judiciary Branches of Rule in England whereby the private Guild (Livery) of Judges and Notaries (from which the private Bar Associations were spawned) was granted royal warrant to convert judicial assemblies into their private courts (cautio) and for the rulings and judgments of the private Guild to take precedence over ancient customs of Anglo-Saxon law and rights, except those needed to make the law still technically function.

The word “common” comes from 15th Century Latin communis meaning “to entrust, commit to a burden, public duty, service or obligation”. The word was created from the combination of two (2) ancient pre-Vatican Latin words com / comitto = “to entrust, commit” and munis = “burden, public duty, service or obligation”. Hence Common Law literally means “voluntary enslavement” or simply “lawful slavery”.

The first official and permanent use of the term “parliament” since the time of the Carolingians was used under the reign of Edward III in 1341 when he abolished the old Royal Council and replaced it with a Parliament of two (2) Chambers an Upper Chamber and Lower Chamber, thus separating the clergy and nobles into the higher and knights and burgesses into the lower. The presiding officer of the Lower Chamber was the Prolocutor.

The first time in history that the Lower Chamber was called the “House of Commons” was in 1547 when King Henry VIII granted St Stephens Chapel at the Palace of Westminster as a permanent seat for English Parliament along with renaming the Upper Chamber the House of Lords sitting in the Queen’s Chamber and the King’s Council sitting in the Star Chamber. Henry VIII also instituted the reform by formalizing the role of Speaker to replace the semi-official role of Prolocutor as head of the Lower House. Thus, the creation of the House of Commons, as well as the House of Lords also corresponds with the creation of the Common Law system.

Under Common Law, the role of serf was abolished and replaced with the word “pauper” and overlayed with the concepts of the Freeman, Yeoman and Bondsman: (i) The Freeman was one granted privileges to inhabit and freely roam the lands of a city or borough, usually upon being awarded the privileges of being a citizen; or (ii) The Yeoman was the freeman tenant of the noble granted freedom to tend to their own small estate; or (iii) The Bondsman was an indentured servant either choosing to be indentured for a period of service and training or on account of an inability to pay debts.

While the abolishion of the Khazarian/Venetian Feudal concept of people as animals to introducing what is now wrongly called “Common Law Rights”, these were and have always been privileges that may be withdrawn at any point.

As part of the general reform of law, four new courts were established under Common Law being the Court of Kings Bench, the Court of Exchequer Pleas, Court of Chancery and the Court of Common Pleas all still under the influence of the private law guild (livery company): (i) The Court of Kings (Queens) Bench; and (ii) The Court of Exchequer Pleas; and (ii) The Court of Chancery; and (iv) The Court of Common Pleas.

An example of a Common Law “Privilege” was in the creation of the concept of Settlements whereby a man or a woman once granted inhabitancy could freely move around the settlement needed permission to settle. Hence the name “settler” and the requirement for a license to settle.

Contrary to false claims, the right to freely travel on the main roads was an Anglo-Saxon right, taken away under Feudal law and only partially returned under Common Law in the 16th C with the requirement for a warrant or a “passport” to travel.

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Andy

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