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The Book
of the Hundreds

Fourth Edition

Maxims of Law in Abatements


Maxime ita dicta quia maxima ejas dignatas et certissima auctoritas, alque quod

maxime omnibus probetur. A maxim is so called because its dignity is chiefest,

and its authority most certain, and because universally approved by all. Co. Litt. 11.


Note from the editor of The Lawful Path:

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God Bless. --Gregory Allan


The following maxims of law are those used in the abatements, and are from Bouvier's (1914) and Black's (4th ed. 1957 & 1968) Law Dictionaries, and Broom's maxims. They should be fully memorized and understood by those serving the Non-Statutory Abatement process. Broom's and Bouvier's complete maxims in book form are available from the Christian Jural Society Press.

Do not serve these translations with the abatement. Maxims in Latin only are to appear in the abatements. The English translations are solely for your edification; for understanding the political argument presented in the abatement. Translation into English is in bold letters.



Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit. An accuser is not to be heard after a reasonable time, unless he excuse himself satisfactorily for the omission.

Ambiguis casibus semper praesumitur pro rege. In doubtful cases the presumption is always in favor of the king.

Argumentum ab inconvenienti est validum in lege, quia lex non perittit aliquod inconveniens. An argument drawn from what is inconvenient is not good in law, because the law will not permit any inconvenience.

Bonum necessarium extra terminos necessitatis non est bonum. A good thing from necessity is not good beyond the limits of the necessity.

Causae ecclesiae publicis causis aequiparantur. The cause of the Church is a public cause.

Causa et origo est materia negotti. The cause and origin is the substance of the thing; the cause and origin of a thing are a material part of it.

Citation est de juri naturali. A summons is by natural right.

Contractus ex turpi causa, vel contra bonos mores nullus est. A contract founded on an unlawful consideration or against good morals is null.

Crimen omnia ex se nata vitiat. Crime vitiates everything which springs from it.

Cum de lucro duorum quaeritur melior est causa possidentis. When the question of gain lies between two, the cause of the possessor is better.

Debet esse finis litium. There ought to be an end to litigation.

De non apparentibus et non existentibus eadem est ratio. The law is the same respecting things which do not appear and things which do not exist.

Disparata non debent jungi. Unequal things ought not to be joined.

Error juris nocet. Error of law is injurious.

Ex dolo malo non oritur Actio. A right of action cannot arise out of fraud.

Commentary: Dolos malus is defined to be craft, guile, or machination, employed for the purpose of deception or circumvention.

Executio est finis et fructus legis. An execution is the end and fruit of the law.

Executio legis non habet injuriam. An execution cannot work an injury.

Ex nudo Pacto non oritur Actio. No cause of action arises from a bare agreement.

Commentary: A consideration of some sort or other is so absolutely necessary to the forming of a contract, that a nudum pactum, or agreement to do or pay any thing on one side, without any compensation on the other, is totally void in law, and a man cannot be compelled to perform it.



Extra legem positus est civiliter mortuus. He who is placed out of the law is civilly dead. A bankrupt is, as it were, civilly dead.

Commentary: The law spoken of is God's Law establishing the substance of creation in the high and Sacred Office of Christ.

Fictio juris non est ubi veritas. Where truth is, fiction of law does not exist.

Id quod nostrum est sine facto nostro ad alium transferri non potest. What belongs to us cannot be transferred to another without our consent.

Ignorantia juris sui non praejudicat juri. Ignorance of one's right does not prejudice the right.

Impunitas continuum affectum tribuit deliquendi. Impunity confirms the disposition to commit crime.

Incorporalia bello non adquiruntur. Things incorporeal are not acquired by war.

Interest reipublicae quod homines conserventur. It concerns the commonwealth [state] that men be preserved.

Interest reipublicae ut pax in regno conservetur, et quaecunque paci adversentur provide declinentur. It benefits the state to preserve peace in the kingdom, and prudently to decline whatever is adverse to it.

Interest reipublicae ut sit finis litium. It concerns the commonwealth that there be a limit to litigation.

Invito beneficium non datur. No one is obliged to accept a benefit against his consent.

Ipsae leges cupiunt ut jure regantur. The laws themselves desire that they should be governed by right.

Jus non habenti tute non paretur. It is safe not to obey him who has no right.

Jus publicum privatorum pactis mutari non potest. A public right cannot be changed by agreement of private parties.

Legatos violare contra jus gentium est. It is contrary to the law of nations to do violence to ambassadors.

Legatus regis vice fungitur a quo destinatur, et honorandus est sicut ille cujus vicem gerit. An ambassador fills the place of a king by whom he is sent, and is to honored as he is whose place he fills.

Lex dilationes semper exhorret. The law always abhors delay.

Lex non cogit ad Impossibilia. Law does not seek to compel a man to do that which he cannot possibly perform.

Lex reprobat moram. The law disapproves of delay.

Libertas inaestimabilis res est. Liberty is an inestimable good.

Libertas omnibus rebus favorabilior est. Liberty is more favored than all things.

Longa possession est pacis jus. Long possession is the law of peace.

Longum Tempus, et longus usus qui excedit memoriam hominum, sufficit pro jure. Long time and long use beyond the memory of man suffice for right.

Mandatarius terminos sibi positos transgredi non potest. A mandatory cannot exceed the bounds of his authority.

Melior est causa possidentis. The cause of the possessor is preferable.

Necessitas est lex temporis et loci. Necessity is the law of a particular place and time.

Nemo allegans suam turpitudinem audien dus est. No one alleging his own turpitude is to be heard as a witness.

Commentary: This is not a rule of evidence, but applies to a party seeking to enforce a right founded on an illegal consideration.

Nemo dat qui no habet. No one can give up who doe not possess.

Nemo debet bis vexari pro una et eadem Causa. It is a rule of law, that a man shall not be twice vexed for one and the same cause.

Nemo debet esse judex in propria causa. No man ought to be judge in his own cause.

Nemo potest nisi quod de jure potest. No one is able to do a thing, unless he can do it lawfully.

Nemo praesumitur esse immemor suae aeternae salutatis, et maxime in articulo mortis. No man is presumed to be forgetful of his eternal welfare, and particularly at the point of death.

Nemo tenetur seipsum infortuniis et periculis exponere. No one is bound to expose himself to misfortune and dangers.

Nihil quod est contra rationem est licitim. Nothing against reason is lawful.

Ninia subtilitas in jure reprobatur, et talis certitudo certitudinem confundit. Too great subtlety is disapproved in law, and such uncertainty confounds certainty.

Non est certandum de regulis juris. There is no disputing about rules of law.

Non est recedendum a communi observantia. There should be no departure from a common observance.

Non licet quod dispendio licet. That which is permitted only at a loss is not permitted to be done.

Nullum tempus occurrit ecclesiae. Time does not bar the right of the church.

Commentary: Time does not run against His church.

Nullum tempus occurrit reipulicae. Time does not bar the right of the commonwealth.

Commentary: Time does run against what His church retains in common.

Officum nemini deget esse damnosum. An office ought to be injurious to no one.

Omnia praesumuntur contra Spoliatorem. Every presumption is made against a wrong doer.

Commentary: Where the party has the Means in his power of rebutting and explaining the evidence adduced against him, if it does not tend to the truth, the omission to do so furnishes a strong inference against him.

Omnis licentiam haber his quae pro se indulta sunt, renunciars. All have liberty to renounce those things which have been established in their favor.

Pacta quae contra leges constitutionesque vel contra bonos mores fiunt nullam vim habere, indubitati juris est. It is indubitable law, that contracts against the laws or good morals have no force

Principia probant, non probantur. Principle prove, they are not proved.

Principiorum non est ratio. There is no reasoning of principles.

Quae lege communi derogant non sunt trahenda in exemplum. Things derogatory to the common law are not to be drawn into the precedent.

Quando diversi desiderantur actus ad aliquem statum perficiendum, plus respicit lex actum originalum. When different act are required to the formation of any estate, the law chiefly regards the original act. When to the perfection of an estate or interest diverse acts or things are requisite, the law has more regard to the original act, for that is the fundamental part on which all the others are founded.

Quando jus domini regis et subditi concurrunt jus regis praeferri debet. When the right of the Sovereign and of the subject conflicts, the right of the Sovereign ought to be preferred.

Quod ab Initio non valet in tractu temporis non convalescit. That which was originally not valid does not by course of time become valid.

Commentary: When the proceeding adopted is altogether unwarranted, and different from that which, if any, ought to have been taken, then the proceeding is a nullity, and cannot be waived by any act of the party against it has been taken. [Also, when a deed is based on unlawful consideration, lapse of time will never remove the unlawfulness.]

Quod omnes tangit, ab omnibus debet supportari. That which concerns all ought to be supported by all.

Ratio legis est anima legis. The reason of the law is the soul of the law.

Rerum ordo confunditur, si unicicucuique jurisdictio non servatur. The order of things is confounded if every one preserves not his jurisdiction.

Salus reipublicae suprema lex. The safety of the people is the supreme law.

Scire debes cum quo contrahis. You ought to know with whom you deal.

Scire proprie est rem ratione et per causam cognoscere. To know properly is to know a thing by its cause and in its reason.

Stat pro ratione voluntas populi. The will of the [Christian] People stands in place of reason.

Summa ratio est quae pro Religione facit. If ever the laws of God and man are at variance, the former are to be obeyed in derogation of the latter.

Unumquodque est id quod est principalius in ipso. That which is the principal part of a thing is the thing itself.

Vigilantibus, non dormientibus, Jura subveniunt. The laws assist those who are vigilant, not those who sleep over their rights.

Voluntas facit quod in testamento scriptum valeat. The will of the testator gives validity to what is written in the will.

Voluntas testatoris habet interpretationem latam et benignam. The will of the testator should receive a broad and liberal construction.

Voluntas ultima testatoris est perimplenda secundum veram intentionem suam. The will of the testator is to be fulfilled according to his true intention.







































Glossary

of Key Words and Phrases


In this part we include definitions from various sources and short essays on the meaning and use of key words and phrases that are commonly misunderstood. “The same – Only Different,” draws attention to this problem. What a word appears to mean and what it means in current law are usually not the same.

Note: All words in Italics are Latin originals.


Abandon

To desert, surrender, forsake, or cede. To relinquish or give up with intent of never again resuming one's right or interest.1


American

A.b. Belonging to the United States.2 Of or pertaining to the United States.3


Americanize

Strictly, to make American; esp. to naturalize as a citizen of the United States.4


Abatement

In actions at law, an abatement is an overthrow of an action caused by the defendant's pleading some matter of fact tending to impeach the correctness of the writ or declaration, which defeats the action for the present, but does not debar the plaintiff from recommencing it in a better way.

Abatements are of two types, statutory and non statutory. Statutory abatements are merely a statutory implementation of the common law non-statutory abatement.

Non-statutory abatements rely on immemorial custom and usage to their authority, and not on any statutory authority by a legislature.

But, if issued against military powers and their courts in civil and administrative cases the abatement has the effect of suspending all proceedings in a suit because the military powers have no standing to answer.5


Abbreviated Name

In6 it was held that the name was no part of the description, and further, in7 “that an initial cannot be regarded as a christian name,” and, in8 the court ruled that “We are of opinion that the word 'misnomer,' which means a naming amiss, is wide enough to cover the faulty indication of a christian name by means of the initial,” and they again cite Bacon's Abridgement of the Law, Misnomer. But, in this same case, the court went on to say “that it was not a mere case of misnomer, because the initials were no name at all,” and that such an error was pleadable in abatement.


Alien enemy

International law, an alien who is the subject or citizen of some hostile state or power. A person who, by reason of owing a permanent or temporary allegiance to a hostile power, becomes, in time of war, impressed with the character of an enemy.9 Whether or not a person is an alien enemy, depends not on his nationality, but on the place in which he voluntarily resides or carries on business.10



Arbiter

One who arbitrates or moderates meetings of a jural society. Also called a Host or Chairman.11


Asservation

An affirmation; a positive assertion; a solemn declaration.12


Avoidance

A making void, useless, empty, or of no effect; annulling, canceling; escaping or evading.13


Breach of the Peace

A violation of the public tranquility and order. The offense of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding.14


Bureaucrat

2. An official who works by fixed routine without exercising intelligent judgment.15


Christendom

n. [ME. cristendom; AS. cristendom, Christianity, from Cristen, Christian, and dom, domain, jurisdiction, from dom, to do.] 1. Christianity. [Obs.] 2. The territories, countries, or regions chiefly inhabited by those who profess to the Christian religion. 3. Christians collectively. 4. Baptism;16

The first three definitions satisfy the requirements of a "common weal," "res publica," "res communis," or "state."17


Christianity

n. cristianite, cristiente; For. crestiente; L. christianitas, from Christianus, a Christian.] 1. Christians collectively; Christendom. 2. The Christian religion; doctrines taught by Jesus Christ. 3. A particular Christian religious system; as, Eastern Christianity. 4. The state [*status or condition] of being a Christian. 5. Christian character, practices, etc. [This is the Law for Christians.18 Christendom is a venue having a specific jurisdiction,]

1. The religion established by Jesus Christ. 2. Christianity has been judicially declared to be a part of the common law of Pennsylvania;19 To write or speak contemptuously and maliciously against it, is an indictable offence.20


Church

In a moral or spiritual sense this word signifies a society of persons who profess the Christian religion; and in a physical or material sense, the place where such persons assemble. The term church is nomen collectivum; it comprehends the chancel, aisles, and body of the church.21 It is not within the plan of this work to give an account of the different local regulations in the United States respecting churches.22



Church-warden

An officer whose duties are, as the name implies, to take care of; or guard the church. 2. These officers are created in such ecclesiastical corporations by the charter, and their rights and duties are definitely explained. In England, it is said, their principal duties are to take care of; 1. the church or building; 2. the utensils and furniture; 3. the church-yard; 4. matters of good order concerning the church and church-yard; 5. the endowments of the church. Bacon's Ab. h. t. by the common law, the capacity of church-wardens to hold property for the church, is limited to personal property.23


Commerce

The exchange of what is superfluous for that which is necessary, and as, in the natural process of things, the superfluities and wants of men have increased, commerce has gradually become more intricate and extended. Commerce is carried on in three different ways; 1st. By exchange or barter of one article for another, those who produce the articles treating or negotiating directly and personally with each other. 2nd. The person producing an article treating, as in the first case, directly with the person wanting it, but receiving money, and not other goods, in exchange. And, 3rd. When the person producing the article and him who wants to use it have no intercourse with each other, but apply mutually to a third party and intermediate merchant, who buys from the one, and sells to the other.


Common law

Common law was the God's Law that became the Customs and Usages of the people. In Latin it is the lex non scripta, the law not written,24 for it is written on the heart of the Christian Man. All Codes, Rules of Procedure, and Regulations that violate common law are void and do not apply to Good and Lawful Christians [bondservants of Christ]. Statutes which violate the plain and obvious principles of common right and common reason are null and void.25 Blackstone says a law which violates the Law of God is void.


Common Weal, Commonweal

"The body politic, state, community XIV; the general good, public welfare XV. orig. and properly two words, rendering L. res communis; cf. weal public (XV) rep. L. bonum publicum, F. le bien publique. See WEAL. In the sense of 'state' in XVI more esp. Sc., and now archaic or rhetorical."26


Commonwealth

Public welfare XV; the body politic, state, community; in spec. fig. and transf. Uses, e.g. c. of Christendom, of learning, of nations XVI; republic, or democratic state; spec. (hist.) The republican government established under Oliver Cromwell XVII. See WEAL. Both common weal and common wealth were at first used indiscriminately in the senses 'public welfare' and 'body politic' but in XVI commonwealth became the Eng. term for the latter sense, whence the latter sense 'republic' was developed.27


Citizen: Neutral, Sovereign Citizen, State Citizen, Foreign National

The status of a state citizen depends on what state he is a citizen of. The state citizen argument is based on a pre-Lincoln's War, non-Christian position, that is allegedly beyond the reach of current government. But, state citizens have no officers in their version of the State.

The "common law citizen" is likewise a figment since there is no law that even remotely defines a "common law citizen." Common law is a body of law, process, procedure, etc., common to Good and Lawful Christians acting in the mode and character of a Christian. Common law has no rules to create a state, without which, there is no citizen. Citizenship arguments look to municipal law for only municipal law defines "citizens."

Municipal law is "not the law of a city only but the law of the State."28 In contradistinction to international law, it is the law of an individual State or nation. It is the rule or law by which a particular district, community, or nation is governed.29 That which pertains solely to the citizens and inhabitants of a State, and is thus distinguished from political law, commercial law, and the law of nations.30 In its more modern and narrower connotation it means those laws which pertain to towns, cities and villages and their local government.31 Municipal law: "...a system of rules of human action established by the governmental power of a state."32

In General Law, all citizens are defined as; A member of a free city or jural society, possessing all the rights and privileges which can be enjoyed by any person under its constitution and government, and subject to the corresponding duties....In American Law, one who, under the Constitution, and the laws of the United States, or of a particular state, and by virtue of birth or naturalization - within the jurisdiction - is a member of the political community, owing allegiance and being entitled to the enjoyment of full civil rights.33

Some claim to revoke, rescind, or abolish applications for benefits and privileges, or to abolish signatures on documents with a so-called cancelatura, but there is no authority in such processes to compel martial law governments to comply because subjects do not compel the performance of the master. Neutral appears un-connected, but, citizens of neutral [states], resident in, or visiting invaded, or occupied territory, can claim no immunity from the customary laws of war relating to communications with the enemy.34

Any intercourse with the enemy, is deemed to be communications with the enemy.

Some claim to be "sovereign citizens." In America, there is no such thing. The only Sovereign is God. The people, in a collective sense, are cloaked with Sovereignty, only if acting in accordance with God's Law. In commerce one has no sovereignty because the controlling law is the lex mercatoria, law merchant or, commercial law. It is obvious that one cannot be a sovereign citizen and be subject at the same time, which all citizens are.

A Foreign National is: all persons whether or not subject to military law, except the military judge, members, and foreign nationals, outside the territorial limits of the United States, who are not subject to the code.35

Territorial jurisdiction: is considered as limited to cases arising, or persons residing, within a defined territory, as a judicial district, etc. The authority of any court is limited by the boundaries thus fixed.36 [A territory is also] a part of a country, separated from the rest, and subject to a particular jurisdiction.37

This ought to enlighten those who insist on using "Judicial District" prefixed by a number on their addresses.


Coverture

The state or condition of a married woman.

2. During coverture, the being of the wife is civilly merged, for many purposes, into that of her husband; she can, therefore, in general, make no contracts without his consent, express or implied.38

3. To this rule there are some exceptions: she may contract, when it is for her benefit, as to save her from starvation.39

4. In some cases, when coercion has been used by the husband to induce her to commit a crime, she is exempted from punishment.40

5. Sometimes used elliptically to describe the legal disability arising from a state of coverture.41


Custom

A law not written, established by long usage and the consent of our ancestors.42 2. If it be universal, it is common law; if particular to this or that place, it is the properly custom.43





Designata

Persona Designata. A person pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character.44

In actuality, the person designated, given the current definition of 'person' is a fiction, and thus the processes of de facto powers that now exist when served against Christians, are null and void, because such a person does not exist in Law, or in a fiction.


Discussion

A proceeding at the instance of a surety, by which creditor is obliged to exhaust the property of the principal debtor, towards the satisfaction of debt, before having recourse to the surety; and this right of surety is termed "benefit of discussion." See the extended treatment of this subject.45


Dominion

Sovereignty or Lordship. Ownership or right to property. 2. Blackstone's Commentaries, 1. Title to an article of property which arises from the power of disposition and the right of claiming it.46


Ecclesiastical Society

An organized religious body. The word 'ecclesiastical' pertains to anything belonging to or set apart for the church, as distinguished from "civil" or "secular," with regard to the word.47


Enemy

Includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing such as a rebellious mob, or a band of renegades, and includes, civilians as well as members of military organizations. 'Enemy' is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other.48

Organized forces not only includes the regular army, but the National Guard, and all state, county, and city law enforcement officers under the National Guard. In effect this means, we are being held "open and notoriously," by our own neighbors, friends, and loved ones.

Concerning what constitutes 'a time of war,' it: exists for purposes of R.C.M. 1004(c)(6), and Parts IV and V of this manual,49 in virtually every act conceivable by any person, against which the United States government has made a law, rule, or regulation.

Crimes that civilians can commit cover 125 pages in the Manual for Courts Martial. Conviction usually calls for a fine, not jail time. The reason is 'pure expediency,' to increase Federal and State revenues. Since only 'enemies' under the International Laws of War are compelled to pay for the 'benefit' of military protection, enemy status made everyone a beneficiary of military protection and thus, taxable. Prior to this, only those in the District of Columbia, the Territories, and those who came directly under Federal power. [The 'Trading with the Enemy Act' of 1933 defines all U.S. citizens as 'enemies of the State']


Et uxor

"and lawful wife."


False Imprisonment

The unlawful arrest or detention of a person without warrant, or by an illegal warrant, or a warrant illegally executed, and either in a prison or a place used temporarily for that purpose, or by force and constraint without confinement.50




General Law

A general law as contradistinguished from one that is special or local, is a law that embraces a class of subjects or places, and does not omit any subject or place naturally belonging to such a class.51


Government: De Facto, De Jure, Republican, Democracy, Provisional

A de facto government is: a government of fact. A government actually exercising power and control in the state, as opposed to the true and lawful government; a government not established according to the constitution of the state, and not lawfully entitled to recognition and supremacy, but which has nevertheless, supplanted or displaced the government de jure. A government deemed unlawful, or deemed wrongful, or unjust, which, nevertheless, receives presently habitual obedience from the bulk of the community.52

But there is another description of government, called by publicists, a 'government de facto,'but which might, perhaps, be more aptly denominated a 'government of paramount force.' Its distinguishing characteristics are, (1) that its existence is maintained by active military power, within the territories, and against the rightful authority, of an established and lawful government; and (2), that, while it exists must necessarily be obeyed in civil matters by private citizens, who, by acts of obedience, rendered in submission to such force, do not become responsible, as wrong doers, for those acts, though not warranted by the laws of the rightful government. Actual governments of this sort are established over districts differing greatly in extent and conditions. They are usually administered directly by military authority, but they may be administered, also, by civil authority, supported more or less by military force.53

The term de facto, as descriptive of a government has no well-fixed and definite sense. It is perhaps, most correctly used as signifying a government completely, though only temporarily, established in the place of the lawful or regular government, occupying its capital and exercising its power, and which is ultimately overthrown, and the authority of the government de jure re-established.54

A de jure government is: a government of right; the true and lawful government; a government established according to the constitution of the state, and lawfully entitled to recognition and supremacy in the administration of the state, but which is actually cut off from power and control. A government deemed lawful,...or just, which, nevertheless, has been supplanted or displaced; that is to say, which receives nor presently (although it received formerly) habitual obedience from the bulk of the community.55

When one uses lawful process against martial powers, one represents the de jure state who is: lawfully entitled to recognition and supremacy in the administration of the state, but which is actually cut off from power and control.56

A republican form of government is: one in which powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated.57

The idea is traceable to a much earlier origin in the idea of common weal, or common wealth (see above).

Lawful de jure government is still in place in spite of the de facto military government that manages civil affairs of the nation. De facto governments cannot abolish Constitutional offices for they have no power to do so. If they could, there would be no point in raising the issue of the de jure government.

Thus, it is possible to restore de jure power - with Lawful process and Lawful elections. It is not a matter of bringing the de jure government back; it is still in place. For those who seek this goal it is vital that Christians [or their jural societies] do not do not associate even remotely with: extremist groups, i.e., terrorists and pseudo-terrorists, white supremacy, and racists groups, etc. We must not even give the appearance of being associated with such groups, as Scripture clearly point out: "Prove all things; hold fast to that which is good. Abstain from all appearance of evil. And the very God of peace sanctify you holy; and I pray God your whole spirit and soul and body be preserved blameless unto the coming of our Lord Jesus Christ."58





Human

L. humanus, of or belonging to man, human, a derivative of the same root as homo, homini man. 3. Belonging or relative to man as distinguished from God or superhuman beings; pertaining to the sphere or faculties of man (with implication of limitation or inferiority); mundane; secular.59


Human being

See "Monster,"60


Humanitarian

Philanthropist; an anti-Trinitarian who rejects the doctrine of Christ's divinity; a perfectionist.61


Humanitarianism

n. the doctrine that humankind may become perfect without divine aid.62


Human laws

Laws which have man for their author, as distinguished from divine laws, which have God for their author. NY.63


Individual

See "Person," below.


Jural Society

The term 'jural society' is used as the synonym of "state" "organized political community."64 It is founded in law and organized upon the basis of a fundamental law, which in the case of the American Jural Societies as discussed herein, is that law found in the lex non scripta (the common law), maxims of law, and constitutional maxims. The Jural Societies exist for the recognition and protection of Christian men and women and their God-given rights.


Jus Gentium

That law which natural reason has established among all men is equally observed among all nations, and is called the "law of nations," as being the law which all nations use.65


Jus publicum

Public law, or the law relating to the constitution and functions of government and its officers and the administration of criminal justice. Also public ownership, or the paramount or sovereign territorial right or title of the state or government.


Land

A title everyone seems to want is allodial title to their land. We have good news and bad news.

First, there is no piece of paper entitled, Allodial Title! One may hold land by allodial right, or in allodium, but there is no Lawful piece of paper that says Allodial Title at the top of it. The reason is, allodial rights are rights found in Christian common law, and is not a title that civil governments can grant, much less a martial law government.

Further, one must not confuse a land patent with land held in allodium.

When one acquires a land patent, the government granting it merely acts as an agent for the People and creates a record of who acquired the land, how much, and what they paid for it, along with a notice of what restrictions may have applied to the land, if any. That is all. Original patentees did not hold land in allodium, but the grant of right from a government power. Since one bought the land, one cannot possibly hold the land in allodium because true title to land never passes by purchase, but by inheritance. An allodial title is: "A free manor; an inheritance that is not held of any superior. Allodial lands are such as are free from any rent or service."66 [And] "Title is the means whereby the owner of lands or other real property has the just and legal possession and enjoyment of it. Title is acquired either by descent or purchase. The former covering the single case of inheritance of property by operation of law, and the latter including every mode of acquisition known to the law, except that by which a person, upon death of his ancestor, acquires his estate by right of representation as his heir at law. But, title passes by descent [inheritance], and not by purchase, the former being the worthier title, where the same quantity and quality of estate is devised, that the devisee would have acquired by descent...."67

Thus, true title passes only by inheritance, not by purchase.68 The Laws of inheritance were once controlled entirely by the Christian church until the churches gave up the right by incorporating under the 501(c)(3) regulations. Inherited titles are not commercial, and hence, not regulatable or taxable. But, if one sub-divides for purposes of sale, it becomes commercial and thus regulatable and taxable.

In this case, lesser title is sold and insured, (benefit) and recorded in a county recorder's office.69

Once recorded, the land, actually now a "parcel," is a matter of public record, and, under martial rule they [parcels] immediately become subject to taxes and liens by almost anyone. This process is borrowed from old Roman imperial law brought up-to-date. Thus: "...the principle of emphyteusis furnishes a connecting link between the Roman imperial system of land tenure and the medieval system. It arose out of the custom whereby land taken in war was rented by the State on long leases. The rent paid in such cases was called vectigal, and the land was called ager vectigalis. It was a form of leasehold property especially advantageous to corporations of all kinds, as they were relieved from all duties and cares as landlords and were secured a fixed income. When this form was employed by private persons and corporations, it was known as emphyteusis, the land as fundus emphyteuticarius, and the person to whom the land given as emphyteuta. An emphyteusis was a grant of land or houses forever, or for a long period, on the condition that an annual sum (canon or pensio) should be paid to the owner dominus or his successors, and that if such sum was not duly paid, the grant should be forfeited. [By] the law of the Emperor Zeno (475-491), emphyteusis was neither a sale nor a lease by a special form of contract.

The rights of emphyteuta were, first of all, the right of use and enjoyment. But he was better off than a mere usufructuary. He was rather the bona fide possessor of the property. The only restriction to his use of the land was that he must not cause depreciation in the value of the property. Furthermore, he could, subject to certain restrictions, alienate property. It passed to his heirs; it could be mortgaged or hypothecated; and it could be burdened with servitudes. But these right depended upon the fulfillment of certain duties. If the canon was not paid for three years (in the case of church lands, for two years), or if the land tax remained unpaid for the same period, the grant was forfeited. Here his position was different from that of the usufructuary, for the latter paid no rent. The original rent of the land granted could not be increases by the owner, but on the other hand it was not diminished by any partial loss of the property. The emphyteuta had to pay all the burdens attached to the land, and deliver all tax receipts to the owner. The method of alienating the property was as follows: The emphyteuta ought to transmit to the dominus formal notice of the sum that a purchaser is willing to give for it. The owner has two months to decide whether he will take the emphyteusis at that sum; and if he wishes it, the transfer must be made to him. If he does not buy at the price named within two months, the [*313] emphyteuta can sell to any fit and proper person without the consent of the dominus. If such a person is found, the dominus must accept him as the emphyteuta, and admit him into possession either personally, by written authority, or by attestation, before notaries or a magistrate. For this trouble, the dominus is entitled to charge a sum (laudenium) not exceeding two percent on the purchase money. If the owner does not make acknowledgment within two months, then the emphyteuta can, without his consent, transfer his right and give him possession."70

Does this sound familiar? Do we now see why there is escrow? Do we understand that we do not "own" the land our house sits on so long as there is a record of the emphyteusis in the name of the emphyteuta in a County Recorder's office? And, if there is any doubt as to who the dominus is, it is the martial law powers that currently rule the land, and who control all commercial titles.

This is depressing and could not happen if the church had stayed awake.

But, there is another side of the coin that enables a Christian to acquire and hold land in allodium, in spite of all we've read above. The process of acquiring and holding land is done by virtue of a higher Law that only Christians have access to.

Recall that, "the Earth is the Lord's and the fulness thereof,"71 that as Christians we are made joint-heirs with Christ.72 In God's Law is the means to inherit and thus acquire true title to land in allodium. It awaits every Christian who truly seeks to act in the mode and character of one, who by virtue of his Godly inheritance has a right to the free and unencumbered use of land inherited through Christ Jesus.


Law Merchant

(lex mercatoria). One of the branches of the unwritten law or common law, consists of particular customs, or laws which affect only the inhabitants of particular districts, under which head may be referred, the law or customs of merchants (lex mercatoria), which is a particular system of customs used only among one set of the king's subjects, which, however different from the general rules of the common law, is yet engrafted into it, and made part of it; be allowed for the benefit of trade to be of the utmost validity in all commercial transactions; for it is a maxim of law, that "cuilibet in sua arte credendum est." (Credence should be given to one skilled in his particular art). This law of merchants comprehends the laws relating to bills of exchange, mercantile contracts, sale, purchase, and barter of goods, freight, insurance.73


Locus sigilli

The place of the seal; the place occupied by the seal of written instruments, usually abbreviated to L.S.74


Lex Loci

Law local, or the law of the local community or state. Lex mercatoria, see Law Merchant.


Lex non scripta

Literally, "law not written," i.e., the unwritten law that we know as common law.


Mark of Fraud

A token, evidence, or proof of fraud.75


Martial Law

Martial law is a code established for the government of the army and navy of the United States.76

As they relate to the institution and execution of martial law, its principles are:

First. That no government worthy of the name will permit itself to be overturned, the object for which it was instituted to be defeated, by the turbulent element of its midst, simply because the civil administration fails, whether culpable or otherwise, to perform the function prescribed by the written law; but, in such case, it is the right and duty of government, in self defense, to resort to a higher and un-written law to meet the exigency.

Second. That the force called into active operation in this exigency is of necessity the military, and martial law is its rule of conduct.

Third. That martial law thus may be invoked either by the executive or the law-making power, although the former generally will be the case.

Fourth. A proclamation establishing martial law, while convenient as notifying to all the true conditions, is not necessary; but the placing of the military in control, by proper authority, carries its own proclamation that martial law there prevails.

Fifth. In the exercise of this power the military may utilize, if convenient to all authorities, the civil administration; but this to the extent only that the military may deem such course desirable.

Sixth. In the enforcement of martial law the military may not wanton with power and use it tyrannically or for the oppression of the community; and should this be done, the perpetrators, after law has resumed its proper sway, may be brought before civil courts, where such acts may be inquired into; the question for the court to determine in such case being how the heart stood when such alleged unlawful acts were perpetrated.77


Maxim

An established principle or proposition. A principle of law universally admitted, as being a correct statement of the law, or as agreeable to reason.

Coke defines a maxim to be "conclusion of reason," and says that it is so called "quia maxima ejus dignitas et ertissima auctoritas, et quod maxime omnibus probetur."78 He says in another place: "A maxim is a proposition to be of all men confessed and granted without proof, argument, or discourse."79


Ministerial Powers

A phrase used in English conveyancing to denote powers given or the good, not of the donee himself exclusively, of the donee himself necessarily at all, but for the good of several persons, including or not including the donee also. They are so called because the donee of them is a minister or servant in his exercise of them. Brown.80

Note: To understand the power of the phrase, we must realize that while it has authority in the common law, i.e., the lex non scripta, there is no modern equivalent defined in the sources. It is thus an office of ancient authority that exceeds the legal memory of man and relies on the Scripture for its original derivation, wherein we are ministers under God acting under the Great Commission commanded us by Jesus Christ.

If one goes to81 where it says see 'power' and under 'power',82 it says, see 'ministerial.' Thus, the phrase is undefined in the modern sources.


Natural person

Those applying for benefits from government may be classed as 'natural persons.'83 Differences between 'natural person' and 'moral person', are: "As to the estate and degree required by the statute to be added,...that estate is defined by the civilians [as] the capacity of moral person; for, as natural persons have a certain space in which their natural existence is placed, and in which they perform their natural actions, so have persons in a community a certain state or capacity, in which they are supposed to exist, to perform their moral acts, and exercise all civil relations..."84


Natural theology

Theology based on knowledge of the natural world and on human reason, apart from revelation.85


Nature worship

A religion based on the deification and worship of natural phenomena.86


Necessity

This is the basis of prima facie emergency powers and martial rule. It covers a multitude of sins and justifies judicial discretion by judges, bureaucrats, politicians, police, and the lower courts.

Necessity is baffling if one appears in court and argues brilliantly, only to hear the judge say, "Normally, I would agree with you, but, 'out of necessity' I must rule against you." What the judge is really saying here is, "Under powers granted to me as the Acting Agent in the Field for the Commander-in-Chief, it would not be in our best interest, in collecting revenue, for me to rule in your favor in spite of the fact that you are legally correct in your case."

Necessity exists in (1) The necessity of preserving one's own life, which will excuse a homicide; (2) the necessity of obedience, as to the laws, or the obedience of one not sui juris to his superior; (3) the necessity caused by the act of God or a stranger.87

For the Christian, we would only add the absolute Necessity to obey God rather than man.

An important view of necessity, because of its impact on the conduct of emergency powers is; "Controlling force; irresistible compulsion; a power or impulse so great that it admits no choice of conduct. That which makes the contrary of a thing impossible. The... state of being necessary, in its primary sense, signifying that which makes an act or event unavoidable. A quality or state of fact or being in difficulties or in need; A condition arising out of circumstances that compels a certain course of action."88

The same doctrine is also the father of eminent domain: "The right of society, or of the sovereign, to dispose, in case of necessity, and for the public safety, of all the wealth contained in the state, is called, 'eminent domain'."89 [But] When used in relation to the power of eminent domain [it] does not mean absolute necessity, but only reasonable necessity.90 [And]... 'necessity,' within a certificate of public convenience and necessity, is not used in the sense of being essential or absolutely indispensable but merely that certificate is reasonably necessary for the public good."91 [And most importantly] Necessity knows no law.


Nihil dicit

He says nothing. "This is the name of the judgment which may be taken as of course against a dendant who omits to plead or answer the plaintiff's declaration or complaint within the time limited. In some jursdictions, it is otherwise known as judgment 'for want of plea'."92

Judgment taken against party who withdraws his answer is judgment nihil dicit, which amounts to a confession of cause of action stated, and carries with it, more strongly than judgment by default, admission of justice of plaintiff's case.93

Nil dicit, judgment in. One rendered where defendant fails to plead, or where, having pleaded, plea is stricken, withdrawn, or abandoned and no further defense is made.94

At common law, it may be taken against defendant who omits to plead or answer whole or any separable substantial portion of declaration.95 It amounts to judgment by confession with reference to cause of action stated.96 For judgment nihil dicit, see Nihil Dicit. Judgment rendered on plea of guilty is not judgment nil dicit, which is substantially identical with default judgment.97


Nom de guerre

Lat., "war name." An alien enemy cannot maintain an action during the war in his own name.98


Nugatory

Futile; ineffectual; invalid; destitute of constraining force or validity. A legislative act be "nugatory" because unconstitutional.99


Parliamentary Law

The general body of enacted rules and recognized usages which governs the procedure of legislative assemblies and other deliberative bodies.100


Person, Human Being, Natural Person, Natural Man

A 'Person' is: An indispensable word with varied, overlapping meanings. Often used without definition, as in the United States Constitution (Arts. I, II, III, IV; Amendments IV, V, XII, XIV,). Defined, and redefined, in an endless succession of special purpose statutes, with no assurance to the profession that this is the person you thought you were talking about. The definitions here give an overview of current usage.101


A person is: a physical, biological human being. This sense overlaps the sense of the person with rights and duties under the law. A person is: an existing person, not an unborn child. An unborn child has no rights as a person. A person is an artificial person, an abstraction of convenience regarded by the law as a distinct being, having an existence independent of those who create or own it, such as corporations, a labor union, a business trust. The expressions 'juristic person' and 'legal entity' are frequently used as synonyms of artificial persons.102

Person is defined as human being,103 and not a human being.104 It can mean one who holds a "morality common to human beings,"105 an individual, or a natural person.106 "Person" and its related words, are subject to Codes, Ordinances, Rules, and etc., along with the "States of," and "Counties of," and "Cities of,"107 because the Codes, etc., only speak to persons.

It also means "artificial person" which covers all forms of corporations, profit or non-profit, and is a being distinct from its shareholders.108

Thus, a church corporation [501(c)3] is a person,109 and subject to Federal Codes, not God's Law, but an un-incorporated church, or association, is not a person unless expressly declared such by statute.110

A human being is also, a "monster".111 "A human being by birth, but in some part resembling a lower animal."112 Blackstone says a 'monster' is one who "hath no inheritable blood, and cannot be heir to any land, albeit it be brought forth in marriage; but, although it hath deformity in any part of its body, yet if it have human shape, it may be heir."113

Elsewhere, a human114 is "mundane; secular." Why do Christians call themselves 'human beings' unless it be due to pure ignorance? One can be a human being or a Christian, not both. On Natural Man, the Apostle Paul has the last word: "But the natural man receiveth not the things of the Spirit of God: for they are foolishness unto him: neither can he know them, because they are spiritually discerned. But he that is spiritual judgeth all things, yet he himself is judged of no man. For who hath known the mind of the Lord, that he may instruct Him? But we have the mind of Christ."115


Persona

Latin. Literally, the mask of the actor. In law, the persona is the fictional 'person' or entity created by governments under military law by the process of novation.


Persona non grata

In international law and diplomatic usage, a person not acceptable (for reasons peculiar to himself) to the court or government to which it is proposed to accredit him in the character of an ambassador or minister.116


Persona standi in judicio

"Capacity of standing in court or in judgment; capacity to be a party to an action; capacity or ability to sue."117

In this update note that the abatement reads, "persona non standi judicio", meaning that the corporation has no standing in the Court of God, His Ecclesiastical Court, and therefore has no recognition from Him through His Son.




Plunder

To take property from persons or places by open force, and this may be in the course of a lawful war, or by unlawful hostility, as in the case of pirates or banditti. But, in another and very common meaning, though in some degree figurative, it is used to express the idea of taking property from a person or place, without just right, but not expressing the nature or quality of wrong done.118


Political

Pertaining to policy, or the administration of government. Political rights are those which may be exercised in the formation and administration of the government [prevent its falling into error by using God's Law, His rod, for the standard]: they are distinguished from civil rights, which are the rights which a man enjoys as regards as other individuals, and not in relation to the government. A political corporation is one which has principally for its object the administration of the government, or to which the powers of government, or a part of such powers, have been delegated.119 The Christian religion is, of course, recognized by the government, yet not so as to draw invidious distinctions between different religious beliefs, etc.;120 [This is a political recognition. Courts follow and must follow political determinations of the political departments of government. Thus, you are not a member of any particular sect - that is earthy, secular, and not of Christ. "Is Christ divided?" 1 Cor 1:13.]


Political Question

Questions of which the courts of justice will refuse to take cognizance, or to decide, on account of their purely political character, or because their determination would involve an encroachment upon the executive or legislative powers; e.g., what sort of government exists within a state [Christendom is a separate government and Law], whether [Christ's] peace or [Holy] war exists, whether a foreign country has become an independent state [Christendom - separate government and Law], etc.121


Praemunire

An offense against the king and his government, though not subject to capital punishment. In America, the private Christian people are the king.


Preamble

A clause at the beginning of a constitution or statute explanatory of the reasons for its enactment and the objects sought to be accomplished.122 In its simplest statement, a preamble is a goal statement.


Privileges

'Privilege' often suggests something suspect but, it all depends on what kind of privilege we're talking about. Privileges differ depending on the Source, Cause, and Origin of the law that creates them. Thus, the Codes confer one idea of privilege and God's Law another.

"A particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common advantage of other citizens." And as; "An exceptional or extraordinary power or exemption."123

Privileges are defined by usage in civil, statute, commercial, and maritime law. Privileges are also found in parliamentary law, or there could be no ordered way to conduct business. All privilege granted by civil powers, are taxable - always - or there is no reason for a civil power to grant them.

The ultimate privilege of salvation in Christ comes from God and is granted only to some, and not others, by virtue of God's predestinating prerogative.124

What privilege one may exercise, depends on which jurisdiction a man is under at the time. One's status also determines whether or not what one does is a privilege or a right. It may be the same privilege in both cases. The question turns on the Source of the privilege being exercised and who is exercising it.

"Effective law enforcement of the law in a democracy is based on an equitable balance between the rights of the individual and the welfare of the society. The individual relinquishes a portion of his personal prerogatives through the legislative process in order that he and his fellow-citizens may be free from criminal activities. Through this process, the officer is authorized, under appropriate circumstances, to invade personal privacy, to restrict individual liberty and to require disclosure of information. Each of these privileges is extended for the ultimate purpose of preventing or punishing the commission of a criminal offense. Thus, the law enforcement depends on legally sanctioned interference with individual rights."125

This is so in the so-called right to travel vs. a license to drive. Under martial powers, everyone has a right to travel, but only under a license. This is contrary to what is commonly taught by 'patriots' because they do not understand that, all commerce is regulatable under martial law, and all travel is a privilege applicable only to salesmen and immigrants. The specific phrase that should be used in place of 'right to travel', is 'exercising a Christian Liberty to use the common ways'. The former is a commercial term. The latter is a term in the Christian common law.

Thus, the meaning of privilege depends on whether it is granted by God or man. If granted by God it is not triable in any court. If granted by a civil power it is triable by any court designated as the trier of fact.


Public Nuisance

A public nuisance is one which affects an indefinite number of persons, or all the residents of a particular locality, or all people coming within the extent of its range or operation, although the extent of the annoyance or damage inflicted upon individuals may be unequal.126


Religious Corporations

A religious corporation is a "person" within the meaning of Emergency Rent Control Act.127 But, an unincorporated association is not a 'person' unless expressly declared such by statute.128


Rights

There are rights at law, in law, civil rights, natural rights, constitutional rights; perfect and imperfect rights, primary and secondary rights, and sub-categories in all. But, in the sense we use 'rights,' we mean that which is within our prerogative to do or not to do, which is not contrary to God's Law. Of course, all men have the same prerogative.

There are no rights in commerce, only privileges, created and regulated by a civil power. For Christians, rights come from God and are the common heritage of all Christians when they obey the Law of God. It is our first duty to obey God rather than men.

From natural man's perspective, rights come from the civil power and are known as 'civil rights.' Civil rights are not rights at all, because what the civil power gives it can also take away. The natural man says, "Blessed be the civil government." Thus, the political rhetoric on civil rights - extending them to everyone - is vital to the continued success of the present government. This explains why civil rights are political privileges; because nothing compels any politician to grant them.


Secular

1. Of or pertaining to worldly things or to things not regarded as sacred; temporal. 2. Not relating to or concerned with religion (opposed to to sacred).129


Secular Humanism

n. Any set of beliefs that promotes human values without specific allusion to religious doctrines.130






Secularism

n. 1. Secular spirit or tendency, esp. a system of political or social philosophy that rejects all forms of religious faith or worship. 2. The view that public education and other matters of civil policy should be conducted without the influence of religious beliefs.131


Sign Manual

An autograph signature: specifically, the official signature of a sovereign, chief magistrate, or the like, to an official document, as letters patent, to give validity.132


Suae potestate esse

Having full power over our Dominions (with Christ). This was given to God's people in Genesis 1:27-28 and reaffirmed again in the New Testament in the Great Commission.


Superior court

A court superior in Law to all others. Such as that contemplated in non-statutory abatements, however, is spelled "superior court" to distinguish it from the statutory, corporate courts, Superior Court. Under Magna Charta, Chapter 34, no man can be denied his own court.


Suus Judex

Lat. In old English law. A proper judge; a judge having cognizance of a cause. Literally, one's own judge.

Bract. fol. 401.133


Trespass

Trespass, in its most comprehensive sense, signifies any transgression or offense against the law of nature, of society, or of the country in which we live; and this, whether it relates to a man's person, or to his property.134


Trespass on the case

The form of action, at common law, adapted to the recovery of damages for some injury resulting to a party from the wrongful act of another, unaccompanied by direct immediate force, of which is the indirect or secondary consequence of defendant's act.135 The process at common law to bring an action of Trespass is called a Writ of Trespass.


Truth

There are three conceptions as to what constitutes 'truth': Agreement of thought [the mind of Christ] and reality [God's Word revealed in Christ, and his creation both physical and spiritual]; eventful verification [His Word does not return to Him void but accomplishes His purpose]; and consistency of thought with itself [not self-contradictory].136


United States

The term 'United States'137 has many meanings. "It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in [the] family of nations, it may designate territory over which sovereignty of the United States extends, or it may be [a] collective name of the states which are united by and under the Constitution."138

The United States is defined in Title 26, The I.R.S. Code as, "the District of Columbia, Guam, Puerto Rico, Virgin Is., No. Mariannas Island, and Am. Samoa,139 and as a Federal corporation.140

Venue

Originally, as a term of English law , 'venue' signified the narrow neighborhood from which the jurors, as witnesses of the fact in issue, its recognitors, must come for the trial of an action in the king's court.141 "Venue." Formerly spelled visne. A neighborhood; the neighborhood, place, or county in which an injury is declared to have been done, or fact declared to have happened.


Visitation

The act of examining into affairs of a corporation. Inspection; superintendence; direction; regulation. A power given by Law to the founders of all eleemosynary corporations.142


Weal

With wealth, riches; welfare OE.; the public good xv. OE. wela - OS. welo, (cf. OHG. wela, wola adv.) : - Wgerm. welon, f. wel-; see WELL. In the sense of w. public (XV) rendering L. bonum publicum, F. le bien publique, COMMONWEAL (L. res communis or publica, F. le bien commun).143


World

1. Human existence; a period of this. la. The earthly state of human existence; this present life. 2. The pursuits and interests of this present life; esp., in religious use, the least worthy of these; temporal and mundane affairs.144

The Christian faith, faith in God revealed by Jesus Christ, is not 'one of the religions of the world.' A religious and geographical survey of the world would of course include 'Christianity' under under the general concept of religion. It is impossible for a non-Christian to take that which distinguishes the Christian faith from 'the other religions' so seriously that on that account he would give up his own general concept of 'religion.' But the Christian faith itself cannot recognize this general conception, without losing its own identity [with God through Jesus Christ]. It cannot admit that its faith is one species of the genus 'religion,' or if it does so, only in the sense in which it regards itself as the true religion in contrast to the other false religions. [This is the Reformation idea of religion. Thus Zwingli entitles his main work De vera religione; thus Luther speaks of the Christian faith as the vera et unica religio (W.A., 25, 287); this is the meaning of Calvin in his Institutio Christianae religion]. To the outsider this looks like a narrow-minded or fanatical intolerance; actually, it is a necessary expression of sober truth. The Christian faith alone lives by the Word of God, by the revelation in which God imparts Himself. We have already shown how erroneous is the idea that these 'other religions' make the same claim to revelation. This can be proved to be incorrect; not one of them dares to assert, 'The Word became flesh, and we beheld His glory, the glory of the only begotten Son of the Father, full of grace and truth.' Therefore, because the Christian faith stands on this foundation, it is something wholly different from 'the other religions.'145












Rules of English Grammar as Applied to Law


Since military powers cannot use Lawful process, and procedure, they have created a very unique use of the English language for the process and procedures they use. Now, Accumulations, simplifications, and systematic treatments of statutes , are called Codes.

The Code of Federal regulations is not a Code of laws, but an annually updated collection of the regulations enacted by executive regulatory agencies without the authority of Congress.146

C.F.R.'s are enacted by "executive" regulatory agencies, i.e., agencies under the Chief executive (President). Such Codes are, with their hodge-podge of words, phrases, meanings, convolutions, etc., a code of hidden meanings not interpreted consistently by any branch of the government, much less by bureaucrats.

Capitalization or abbreviation of names of persons is a deliberate tool of deception wielded with deadly affect against people who are largely ignorant of applying the English language. Thus, when courts issue judgment against defendants the Order is usually typed in all capital letters, as IT IS SO ORDERED, which, under the rules of Grammar has no meaning. Yet, the courts are required to use the rules of English in their own Rules of Court!!! Why does this happen?

Remember, we pointed out in the Prolegomena, that all courts in America are captive courts of the Commander-in Chief. This means that courts cannot make binding rulings at law. Thus, in all 'official' process issued by these courts, they use a special set of unpublished rules and techniques in order to give true notice of their real standing to the public, of the real meaning of their process. To do otherwise would be to engage in fraud.

The names of all parties to a court case, and in all letters and demands issued by pseudo-legal agencies, are normally printed in all capital letters. Examples of this are names on driver's licenses, social security cards, court documents and process, commercial instruments, and credit cards.

The exception is, if a defendant calls this to the attention of the court or an agency, they will often respond with a party's name in upper and lower case and thus give a response, the appearance of being, properly spelled. But, they will abbreviate one of the person's name in the process, or drop one name, or mis-spell a name, which is not permitted by Christian common law. Thus, "If the Christian name be wholly mistaken, this is regularly fatal to all legal instruments, as well as declarations and pleadings as grants and obligations; and the reason is, because it is repugnant to the rules of the Christian religion, that there should be a Christian without a name of baptism, or that such person should have two Christian names, since our church allows no re-baptizing: and therefore if a person enters into a bond by a wrong Christian name, he cannot be declared against by the name in the obligation, and his true name brought in an alias, for that supposes the possibility of two Christian names; and you cannot declare against the party by his right name, and aver he made the deed by his wrong name; for that is to set up an averment contrary to the deed; and there is this sanction allowed to every solemn contract, that it cannot be opposed but by a thing of equal validity; and if he be impleaded by the name in the deed, he may plead that he is another person, and that it is not his deed."147

A name in all capital letters is a "nom de guerre," i.e., a "name of war,"148 because the rules of International law apply whenever the action is brought under a state of war or national emergency. Thus, all parties to an action under International law, cannot appear by their real name. Because: "An alien enemy cannot maintain an action during the war, in his own name."149

This is why we insist that Christians must not only confess to be a Christian, but must also act in the mode and character of a Christian and never forget this fact for a moment.




Lawful process can only be served or filed against a Christian in the Christian's full appellation, spelled according to the Rules of English Grammar, i.e., in upper and lower case letters. Only the Baptized Christian appellation (first, middle, and family or surname) can a Christian be lawfully prosecuted because process issued in any other name is defective.

The Christian form of identification is the Baptismal Certificate, which is of vital importance and often over-looked. Usually, it is put in one's Bible or the bottom of a dresser drawer and forgotten. But, it is the key to any Christian parents attempt to counter the presumptions found in all current government process based on their records (the Birth Certificate) that may be brought "for the protection of the child."

Thus, if a baby is born to Christian parents, a hospital presumes they want a Birth Certificate, and, as we pointed out, such a Certificate is key to the process of novation as it exists in current usage. The Birth Certificate is the means whereby the government compromises the baby's standing - before it leaves the hospital. But, if the parent does not give the baby a name before leaving the hospital no Certificate can be issued and the child does not exist as far as the government is concerned. The problem is, how does a child establish who he or she is? The answer is, of course, with a Baptismal Certificate that may be in the form of a certificate or, better yet, as an entry in the Family Bible, which has standing in the law when accompanied by the signatures of at least two witnesses.

All these problems with the name crop up again in abbreviated names. For an initial is "no name at all."150 [And] An initial cannot be regarded as a Christian name.151 [And]...the word 'misnomer', which means a naming amiss, is wide enough to cover, the faulty indication of a Christian name by means of an initial."152

Concerning misnomer: "It is a good plea in abatement, for since names are the only marks and indicia which human kind can understand each other by, if the name be omitted or mistaken, there is a complaint against nobody."153 [And]... it is clear that there is not a sufficient certainty in the proceedings... as to who was the defendant. An omission through either inadvertence or the want of skill to make a just application of those rules of civil jurisprudence, which relate to the persons who are to be the parties to the action, are in general so fatal to the further prosecution of suit, that the plaintiff is usually compelled to abandon his writ and to proceed de novo (with no suit). The action should be brought in the name of the party who's legal right has been affected, and against the party who committed the injury154 or by or against his personal representatives. The account in this case stands in the place of a declaration in an action of assumpsit, in which certainty to a certain extent in general is necessary in setting forth the parties, time, place, and other circumstances necessary to maintain it. The parties to the suit must be specifically mentioned,155 and actions to be properly brought must be commenced and prosecuted in the proper Christian and surnames of the parties.156

All current governments issue process to a fictitious name, i.e., a nom de guerre, and thus without the Lawful Christian appellation rendered according to the Rules of English, such process is defective on its face. But, one must assert the error in the name -- by a Non-Statutory Abatement -- as soon as one receives any process or letter from a government or agency or it cannot be raised again.157

The nom de guerre violates the Rules of English as seen in the heading of all martial law process whose courts are forbidden to use any process contrary to International law under which they sit. If used it is fatal to their process when properly exposed - by Non-Statutory Abatement.

I.R.S. forms and letters to taxpayers use a nom de guerre by abbreviating one name. They insist on a middle initial, not a full name.158 When the nom de guerre issue is raised against them, they change it to a different spelling to try and give the impression of compliance with the law.

Affidavits from military governments are normally written in all capital letters. Verified Complaints in traffic cases are typical. These have no force and effect in traffic warrants, notices of warrants, notices of liens and levies, etc., unless one has already granted jurisdiction through an admission or confession to a court or by personal appearance, or by seduction into "voluntary compliance."

One also sees process like; "You must appear, blah, blah, blah." It appears to demand a personal appearance. But in law, "must" means "may". What's really being said is, "We invite you to appear for the benefit of discussion." The word "shall" compels performance, yet in a martial law court it also means "may".

Other deceptive phrases are: "Notice of", "Notice to Appear", "Notice to Remove", "Notice of Trespass", "ORDER TO SHOW CAUSE", etc. Commonly, emergency powers send letters that threaten all sorts of things. But letters, no matter who sends it, have no force or effect in law, unless you default with an improper response.

People who write letters back do not realize that the agent who sent it, now knows you have no idea of what law is, because you answered a letter with a letter, not lawful process. The purpose of a nasty letter is to give one the chance to respond in law. Failure to do so, tells whoever sent it, that it is safe to prosecute because the defendant does not know how to defend himself.

Failing to answer letters with lawful process at Christian common law, subjects one to military process and a case will result with a defendant's default. This is true of all communications from such powers. By the way, the I.R.S. has no lawful authority to send letters to anyone in the fifty states who is not actively engaged in a trade or business with the Federal government, i.e., the Federal corporation known as the "United States."

Note: A mailbox on a house or a P.O. Box are evidence of residency and of an enemy in the field. A doorbell or knocker is an invitation to break down the door of a house because it is presumed to be an invitation to enter for any "reason."

Final note. When reading Codes, Ordinances, Rules, Regulations, process, or letters from any current government, the word "shall" is not mandatory as it is in lawful process.



Additional Resources


You may wish to consult other resources for the principles of Law expounded in this work. We recommend "Exercising Your Right of Avoidance" by Randy Lee, and "Invinculis - Justification and Excuse by and through Resting in Christ alone" by John Joseph; and "How the Church Fell from Grace", by John William, and all available from the Christian Jural Society Press. You may request these by calling 818-347-7080 or fax your requests to 818-313-8814.


[NOTE: Many recent attempts to contact these Brothers at the numbers above has been futile. They are included here just in case some readers are able to make contact, and to give support and thanks for their hard work and ministry.]


If there are portions of The Book of the Hundreds you do not understand, please pray first asking for Wisdom and Understanding from the Holy Spirit; consult Scripture, second; consult your fellow Good and Lawful Christians having a like mind, third; and the Christian Jural Society Press, last.

We are not your king, master, confessor, rabbi, priest, bishop or other persona. We are not responsible for your life, but we are responsible to our Father and our Sovereign Lord and Savior Jesus Christ, for propagating His Gospel of Liberty to those in captivity; [to] "proclaim liberty to the captives, and the opening of the prison to them that are bound;..." Isaiah 61:1.

We pray that by putting in your hands the tools our gracious and merciful King has Blessed us with, you may find your way out of the prison now holding you and yours captive.

May Our Blessed Sovereign Lord and Savior Jesus, the Christ, Bless and Keep you and yours as you occupy His Office "'till He comes."



Recommended Study Materials

For Every Christian Family or Meeting House Library


[Revised from the original 4th Edition of The Book of the Hundreds. Reprints of these works were, at one time, offered by the Christian Jural Society Press.]


[Note: Many of these works are in the public domain, and available for free download on the internet. It is usually a relatively easy matter to print and bind the downloaded works.]



Christian Common Law

There is no law superior nor greater Liberty known to man


Maxims of Law (1845), by Broom and Bouvier (1856), 350 pages.

Excellent reference work on the fundamental principles of Law heavily footnoted and explained. Highly recommended for your library.


The Theory of the Common Law (1852), by James Walker, 130 pages.

Excellent book providing some very important keys to understanding Christian Common Law, the heritage of Christians only.


Handbook of Common Law Pleading (1923), by Benjamin Shipman and Henry Ballantine, 641 pages.

The finest book on Common Law pleading available then, and today.


Principles of Common Law Pleading (1894), by McKelvey, 213 pages.

An excellent treatise on the nature and prosecution of real actions at Law.


The Forms of Action at Common Law (1909), by F.W. Maitland, 75 pages.

Excellent series of lectures on the history and derivation of the forms of real actions at Common Law.


The Spirit of the Common Law (1921), by Roscoe Pound, 234 pages.

Excellent discourse by one of the best writers of the Puritan basis of the Christian Common Law in the states.


Walker's Book of Forms (1841), by Ambrose Walker, 433 pages.

A complete compilation of forms concerned with process, return, settlements, uses, et cetera. Rare.


The Law of Customs and Usages (1881), by Brown and Clark, 370 pages.

Excellent treatise on what is and makes procedural law move Scripture's substantive Law among Good and Lawful Christian People.


The Elements of the Law of Torts (1891), by Melville Bigelow, 376 pages.

Excellent resource for learning what constitutes injuries in the Law and appropriate actions in Law to take.


Anderson on Sheriffs: Office and Duty of Sheriffs (1941), by William H. Anderson, 1000 pages, (2 Vols. in 1).

A complete treatise on the office of county Sheriff as your bailiff and clerk in real actions at Law.


The Law of Estoppel and Res Judicata (1886), by Henry M. Herman, 320 pages.

2 sections from a good treatise on estoppel and res judicata.


A Treatise on the Writ of Habeas Corpus (1893), by C. Hammond, 1025 pages.

A complete treatise on the Great Writ of English Liberty.


Sources and Literature of English Law (1927), by W. Holdsworth, 247 pages.

Excellent series of lectures on numerous topics upon which a Christian society is built.


Ecclesiastical Law and Rules of Evidence (1885), by Henry, 509 pages.

Very important treatise for understanding the nature and purpose of Grand Juries in Christian Law.


Indictments and the Office and Duty of Grand Jurors (1831), by Daniel Davis, 319 pages.

Another important work for understanding the duties and processes of the Grand Jury in Christian Law.


Blackstone's Commentaries (1856), by Sir William Blackstone, 1643 pages.

Four books in two volumes, annotated by Chitty, Christian, Hovenden, and Ryland. The best Blackstone's available. Highly recommended for your library.



Military & Roman Imperial Law

There is no law less inferior or of worse tyranny


The International Economic Law of Belligerent Occupation (1942), by Ernst Feilchenfeld, 193 pages.

The blueprint for U.S. Civil Affairs. Oft quoted source in court cases.


Military Government and Martial Law (1914), by William Birkhimer, 670 pages.

The finest authority on martial law and military government published today, by a military man. A must for your library.


Report of the Commission on Intergovernmental Relation (1955), 290 pages.

Public Law 109 report to the President of the U. S. Very revealing book on the radical idea of "co-operative federalism" governing all States under the commerce clause. A must have!


Federal Searches and Seizures (1964), By Rex Davis, a former I.R.S. and Treasury agent, 418 pages.

A must for understanding service of process by the Feds, the standards of which state officials also are held.


Crimes of the Civil War and Curse of the Funding System (1868), by Judge Henry Dean Clay, 512 pages.

Northern Christian Judge's account of the despotism and reign of A. Lincoln and his 'new nation.' Rare.


The Tragic Era: The Revolution After Lincoln (1940), by Claude C. Bowers, 567 pages.

Historical treatise of the Reconstruction Era in Lincoln's 'new nation' and its corporate and commercial corruption.


Roman Foundations of Modern Law (1957), 217 pages.

Shows the form of "law" being imposed on the land today. Important for understanding the nature of the beast.


The Handbook of Roman Law (1927), by Max Radin, 520 pages.

Complete treatise on the procedures and practice of Roman Imperial law. The very best available today on this vital subject.


The Law and Mr. Smith (1946), by Max Radin, 333 pages.

Reveals the actions of Roman Imperial process in today's State courts.


Our Enemy, the State (1938), by Albert Jay Nock, 209 pages.

A warning of what was to come through F.D. Roosevelt, and what is today.


The Army Lawyer: A History of The Judge Advocate Generals, 1775-1975, 277 pages.

Excellent study on Martial Law and Military Government officers.



Walsh on Equity (1930), by William F. Walsh, 603 pages.

An excellent treatise on Modern equity, through its historical development into the merger of law and equity under codes and statutes.


Law and Morals (1926), by Roscoe Pound, 144 pages.

The historical, analytical, and metaphysical 'theories' of law and morals from the humanist point of view. Defines 'human being' as 'legal unit.'


Historical Jurisprudence (1922), by Guy Carleton Lee, 515 pages.

Excellent historical panorama on various systems of jurisprudence: Babylonian, Roman, Egyptian, and English. For comparative studies.


Sampson's Discourse on the History of Law (1826), by Pishy Thompson, 210 pages.

Uncorrupted discourse on the history of various systems of law.


Myths of Greek and Rome (1893), by H. A. Guerber, 427 pages.

Excellent narrative on the gods of the secular world and the practices among them, for understanding the nature of Roman Imperial law.



Dictionaries, Lexicons, and Language Aids


Bouvier's Law Dictionary (1859), by John Bouvier, 2 volumes in 2 books, 1445 pages.

The best pre-Civil War law dictionary available. A must for your library.


Jacob's Law Dictionary (1782), by Giles Jacob, 2 volumes in 2 books, 1025 pages.

This special law dictionary was one used by the founding fathers in pursuit of law and government.


Dictionary of Law (1893), by William C. Anderson, 1140 pages.

Far superior to all Black's editions, heavily footnoted, judicial definitions of words, phrases and maxims. Excellent!!


A New Law Dictionary (1847), by Henry James Holthouse, 495 pages.

American edition which ties the English and American law together, with an outline of an action at Law and a Suit in Equity.


Law Dictionary (1955), by Max Radin, 408 pages.

A great law dictionary of full disclosure by a noted law professor.


Nomo Lexicon Law Dictionary (1670), by Blount, 260 pages.

Reference on the early meanings of words.


Etymologicum Anglicanum (1743), by Franciscus Junius, 600 pages.

The etymology of words, from Latin and their Anglo-Saxon roots. For the serious etymologist only.


The English Language Corrected (1882), by Walton Burgess, 73 pages.

Excellent book for correcting errors in using our native English.


Study of Words (1889), by Trench, 413 pages.

A good Christian book showing the corruption of words in the English language. Very important for understanding law.


Crabb's English Synonyms (1890), by George Crabb, 856 pages.

A Christian author's perspective of the True meaning of words. Heavily annotated. The finest book on English synonyms available.

Family Sabbath Day Miscellany (1851), by Charles Goodrich, 540 pages.

Excellent for home schooling. Contains 300 Christian stories.


Commercial Dictionary of Mercantile Law (1803), by Joshua Montefiore, 810 pages.

The mercantile law of the Founding Fathers showing the practice and custom of Merchants. Excellent for knowing your enemy.


Dictionary of Foreign Trade (1946), by Frank Henius, 745 pages.

Excellent reference on what is "commerce," commercial terms, and the various marks of commerce. Rare.



Political Books


Administrative Law (1942), by Roscoe Pound, 138 pages.

A series of lectures by The Dean of Harvard Law School, on its growth, procedure and significance as "a substitute for law."


The New Despotism (1929), by Lord Hewart of Bury, 311 pages.

In-depth study of Administrative Law and the despotism created thereby.


Administrative Justice & the Supremacy of Law in the U.S. (1927), by John Dickinson, 413 pages.

Treatise showing the relationship and differences between administrative tribunals and Lawful courts.


The English Free Churches (1952), by Horton Davies, 208 pages.

History of the Puritan churches of England and America, dispelling the myths, and showing the true purpose of the militia. Excellent.


Heraldry (1954), by Boutell, 310 pages.

A complete treatise on the law of heraldry, recognition, and similar subject matter. Highly recommended for your library.


Law of Suffrage and Elections (1880), by Naar, 317 pages.

Treatise shows the beginning of changes in elections process, and laws.


A View of the Constitution of the United States of America (1829), by William Rawle, 349 pages.

An excellent discourse on the constitution and the nature of secession being a Lawful means of state preservation.


Textbook on Parliamentary Law (1923), by Hall & Sturgis, 263 pages.

Excellent guide for conducting Christian Jural Society assemblies.


The Compact w/ the Charter & Laws of the Colony of New Plymouth (1836), by William Brigham, 357 pp.

A full compilation of the charters and laws of the Colony of New Plymouth settled upon arrival in America.


The Law of Names (1938), by Anthony Linell, 242 pages. Foreward written by Judge Hale.

Excellent and the only existing treatise on the law of names; valuable reference needed in time of war.


Ecclesiastical History (1873), by The Dean of Canterbury, 220 pages.

An excellent century-by-century history of the development of the church, beginning in the first century.


Notes and Suggestions for Bible Readings (1879), by Briggs and Elliott, 262 pages.

Uncorrupted study into the golden depths of God's Word. Excellent for reference as a Bible companion.



The Sabbath in Puritan New England (1895), by Alice Earle Morse, 343 pages.

Excellent resource for re-establishing Christian Civil government on the foundations of God's Law.



Money


Bimetallism (1899), by A. J. Utley, 256 pages.

Excellent discourse on the nature of the silver standard in America, and the gold standard in international law.


Money in Politics (1884), by J. K. Upton, 270 pages.

Traces money's influence in American politics throughout its history to the beginning of the Resumption of silver payments for Lincoln's War.



Land & Real Property


Trial of Title to Land (1882), by Sedgwick and Wait, 696 pages.

An excellent treatise on color of title, possessory title, and adverse possession with forms of real actions at Law.


The Doctrine of Presumption and Presumptive Evidence (1827), by John Mathews, 517 pages.

Excellent tool for learning how to rebut Land Encumbrances at-Law.


United States Land Surveys (1926), 67 pages.

An excellent reference describing United States survey methods, monument nomenclature, plat maps and other related subject matter.



Miscellaneous


Memorandum of Law on the Free Exercise of Christian Liberty (1994), by The Christian Jural Society Press

Brief detailing the differences between the 'right to travel' and your 'Christian Liberty on the Common Ways.'


Back Issues of the Christian Jural Society News (1990's), 70 Issues.

Some of the best research and writing available anywhere, on topics of Law, history, and Christian Civil government under God.

1. Burrough's vs. Pacific Telephone and Telegraph Co., 220 P. 152, 155; 109 Or. 404.

2. Oxford's Dictionary 1933.

3. Black's Law Dictionary, 6th Edition.

4. Oxford's Dictionary 1933.

5. See Black's Law Dictionary, 3rd, (1933), page 7 to 8.

6. Reg. v. Tugwell, 3 Q.B., 704

7. Reg v. Bradley, 3E. & F. 634

8. The Queen v. Plenty 4.R. Vol. IV 346

9. See J Kent, Comm. 74, and Black's 3rd.

10 . Porter vs. Freudenberg, (1915) J KB. 857; Noble vs. Great American Insurance Co., 194 N Y.S. 60, 66, 200 App. Div. 773.

11 . Black's 3rd, (1933) page 133.

12 . Black's 3rd, page 154.

13 . Black's 3rd, page 176.

14 . 4 Blackstone's Commentaries, 142, et. seq. Black's 3rd, page 246.

15 . Random House Dictionary of the English Language, 2nd Edition, Unabridged, page 279.

16 . Webster's New Twentieth Century Dictionary of the English Language, Unabridged (World Publishing Company, 1969), p. 321.

17 . See Texas v. White, 7 Wall. 700.

18 . Webster's New Twentieth Century Dict. of the English Language, Unabridged (World Pub. Co., 1969), p. 321. [Insertions Added].

19 . 11 Serg & Rawle, 394, 5 Binn. R. 555; of New York, 8 Johns. R. 291; of Connecticut, 2 Swift's System, 321; of Massachusetts,

Dane's Ab. vol. 7, c. 219, a. 2, 19.

20 . Vide Cooper on the Law of Libel 59 and 114, et seq.; and generally J Russ. on Cr. 217; Hawk, c. 5; J Vent. 293; 3 Keb. 607; J Barn. &

Cress. 26. S. C. 8 Eng Com. Law R. 14; Barard. 162; Fitzgib. 66; Roscoe, Cr. Ev. 524; 2 Str. 834; 3 Barn. & Ald. 161; 5. C. 5 Eng

Com Law R. 249 Jeff Rep. Appx. See J Cro. Jac. 421 Vent. 293; 3 Keb. 607; Cooke on Def 74; 2 How. S. C. il-ep. 127, 197 to 201.

Source: Bouvier's Dictionary of Law 1856.

21 . Harm N P. 204. 2.8 B. & C. *25; J Salk 265; 11 Co. 25 b; 2 Esp. 5, 2 & 3.

22 . 2 Mass. 500; 3 Mass. 166; 8 Mass. 96; 9 Mass. 277; Id. 254; 10 Mass. 323; 15 Mass. 296; 16 Mass. 488; 6 Mass. 401; 0 Pick 172 4

Day, C. 361; J Root 3, 440; Kirby 45; 2 Caines' Cas. 336; 10 John. 217; 6 John. 85; 7 John. 112; 8 John. 464; 9 John. 147; 4 Desaus.

578; 5 Serg. & Rawle, 510; 11 Serg. & Rawle, 35; Metc. & Perk Gig. h. t.; 4 Whart. 531. Source: Bouvier's Dictionary of Law 1856.

23 . 9 Cranch, 43. Source: Bouvier's Dictionary of Law, 1856.

24 . Bouvier's, supra, page 1947.

25 . Bennett v. Boggs, Fed. Cas. #1319 (1 Baldw. 60).

26 . Oxford's Dictionary of English Etymology (1966), "Addenda," p. 1025.

27 . Oxford's Dictionary of English Etymology (1966), "Addenda," p. 1025.

28 . People ex. rel. Ray v. Martin, 181 Misc. 925, 47 N.Y.S. 2d 883, 891.

29 . 1 Bl. Comm. 44.

30 . Wharton; City of Louisville v. Babb, C.C.A. Ind., 75 F. 2nd 162, 165.

31 . People ex. rel. Ray v. Martin, 181 Misc. 925, 47 N.Y.S. 2nd 883, 891; Black's Law Dictionary (4th ed. 1957 & 1968), p. 1169.

32 . Webster's New Twentieth Century Dictionary, Unabridged (World Publishing Company, 1969), p. 1028.

33 . Black's 3rd, supra, page 329.

34 . Manual for Courts Martial, supra, page IV-41, 104 (c)(6)(c).

35 . Black's 6th, supra, p. 1473.

36 . Ibid., p. 1473.

37 . Ibid., p. 1473.

38 . Com. Dig. Baron and Feme, W; Pleader, 2 A 1; 1 Chitty's pl. 19, 45; Littleton s. 28; Chit. Contr. 39; 1Bouv. Inst.n. 276.

39 . Chitty on Contracts, 40.

40 . J Hale, P. C. 516; J Russ. Cr. 16.

41 . Osborne v. Horine, 19 Illinois 124; Robert v. Lund, 45 Ver., 86.

42 . Termes de la Lev; Cowell; Bracton. folio.

43 . 3 Salk 112.

44 . Black's 3rd, 1933, page 1356.

45 . in Black's 3rd, (1933), page 588.

46 . Baker vs. Wescott, 73 Texas, 129.

47 . Wharton, in Black's 3rd, (1933) page 640.

48 . Manual for Courts Martial, supra, page IV-34, Art. 99-23c (1)(b).

49 . Manual for Courts Martial, supra, page IV-4, Article 104 (c)(6)(c).

50 . Black's 3rd, page 926

51 . Van Riper vs. Parsons, 40 NJ Law, J.

52 . Austin's Jurisprudence, page 324.

53 . Thorington vs. Smith, 8 Wall. 8, 9; 19 Lawyer's Edition, 361.

54 . Thomas vs. Taylor, 42 Mississippi 651, at 703.

55 . Austin's Jurisprudence, page 324.

56 . Ibid.

57 . Black's 3rd, supra, 'Constitutional Law' p. 309. In re Duncan, 139 U.S. 449; Minor vs. Happersett, 21 Wall. 175.

58 . First Thessalonians, 5:21-23.

59 . A New English Dictionary on Historical Principles; Founded mainly on Materials Collected by The Philological Society, edited by

James A. H. Murray, Oxford: At the Clarendon Press. 1901.

60 . Law Dictionary with Pronunciations, by James A. Ballentine, 1948 Edition. Lawyers Co-operative Pub. Co., Rochester, NY.

61 . Collier's New Dictionary of the English Language, 192.

62 . Random House Dictionary, 1992 Edition.

63 . See Borden v. State, 11 Ark 519, 54 Am. Dec. 21 7, 220. Law Dictionary with Pronunciations, by James A. Ballentine, 1948 Edition.

Lawyers Co-operative Pub. Co., Rochester, NY.

64 . Black's 3rd, (1933) page 1036.

65 . Black's 3rd, page 1044.

66 . 2 Blackstone 47, 60: Cowel.

67 . Rights, Remedies, and Practice, At Law, in Equity, and under the Codes: A Treatise on American Law in Civil Causes, by John D.

Lawson, in seven volumes, Vol. VI, Chap. 129, Sec. 2692, page 4391. Published by Bancroft-Whitney Company, SanFrancisco, 1890.

68 . A New Law Dictionary, by Henry James Holthouse, published by Lea and Blanchard, 1847, under "allodial."

69 . The County Recorder's Office was established to replace the functions of the old Land Offices by Federal Statutes in 1853.

70 . Hunter, Roman Law, page 429. Guy Carleton Lee, Historical Jurisprudence, 1922, pages 311-313.

71 . Psalm 24:1.

72 . Romans 8:16-17; Galatians 3:29; Titus 3:7; and many others.

73 . c.1 Chitty's Blackstone, 76, n.9. From: A New Law Dictionary by Henry James Holthouse, Lea and Blanchard, Philadelphia (1847).

74 . Black's 3rd, page 1129.

75 . Black's 3rd, page 1161.

76 . A New Law Dictionary by Henry James Holthouse, Lea and Blanchard, Philadelphia (1847).

77 . Military Government & Martial Law, by William E. Birkhimer, 1914, page 390, Section 385. Published by Franklin Hudson

Publishing Co., Kansas City, Missouri.

78 . Coke on Littleton, 1.

79 . Id. 67a. Black's 3rd, (1933) page 1171.

80 . Black's 3rd, page 1391.

81 . Black's 6th Edition of the Law Dictionary, page 996.

82 . Ibid. page 1170

83 . Public Health Trust of Dade county v. Lopez, Eta., 531 So. 2d. 946, 94.

84 . Bacon's Abridgement of Law, Misnomer and Addition, page 10, (1846). Philadelphia.

85 . Random House Webster's College Dictionary, 1992.

86 . Random House Webster's College Dictionary, 1992.

87 . Black's Law Dictionary, by Henry Campbell Black, 6th Edition, 1990, page 1031.

88 . Bykofsky vs. Borough of Middleton, D.C. Pa 401 F. Supp. 1242, 1250.

89 . Jones vs. Walker, 2 Paine 688, Federal case No. 7,507.

90 . Black's Law Dictionary, By Henry Campbell Black, 6th Edition, 1990, page 1031.

91 . Alabama Public Service Commission vs. Crow, 247 Ala. 120, and So. 2nd, 721 at 724.

92 . Gilder v. McIntyre, 29 Tex. 91; Faulken v. Housatonic R. Co., 63 Com. 258, 27 A. 1117; Wilbur v. Maynard, 6 Cob. 486.

93 . Howe v. Cent St Bank of Coleman, Tex. Civ. App. 297 S.W. 692, 694. Black's Law Dictionary (4th Ed. 1957 & 1968), page 1195.

94 . Grand Lodge Brotherhood of Railroad Trainmen v. Ware, Tex. Civ. App., 73 S.W. 2d 1076, 1077; Reliance Equipment Co. v.

Montgoemery, 27 Ma. App. 539, 175 So. 703.

95 . Clonts v. Spurway, 104 Fla. 340, 139 So. 896, 897.

96 . Grand Lodge Brotherhood of Railroad Trainmen v. Ware, Tex. Civ. App., 73 S.W. 2d 1076, 1077

97 . Stevens v. State, 100 Vt. 214, 136 A. 387. Black's Law Dictionary (4th Ed. 1957 & 1968). "Judgment," p. 980.

98 . Wharton's Pa. Digest, Section 20, page 94, (1853).

99 . Avery and Co. vs. Sorrell, 157 Ga. 476.

100 . Black's 3rd, (1933) page 1326.

101 . Dictionary of American Legal Usage, by D. Mellinkoff, 1992, page 479, West Publishing Company, St. Paul, Minnesota.

102 . Dictionary of American Legal Usage, by D. Mellinkoff, 1992, page 479, West Publishing Company, St. Paul, Minnesota.

103 . Mellinkoff, supra, page 479.

104 . See Church of Scientology vs. U.S. Dept. of Justice, where person is defined as a variety of entities, not human beings.

105 . Mellinkoff, supra, page 479.

106 . Mellinkoff, supra, page 479.

107 . The words designating entities in this paragraph are for specific entities under International and Municipal Law. The County of Los

Angeles is thus a different entity than Los Angeles county which exists in law.

108 . Mellinkoff, supra, page 479.

109 . Hoffman vs. Apostolic Works, D.C. Mun. App., 43 A. 2nd. 848.

110 . People vs. Budzan, 205 N.W. 259 at 260, 295 Michigan 547.

111 . Law Dictionary with Pronunciations, by James A. Ballentine, 1948 Edition. Lawyers Co-operative Pub. Co., Rochester, NY. p. 599.

112 . Ballentine, supra, page 830.

113 . 2 Blackstone's Commentaries, 246.

114 . A New English Dictionary on Historic Priciples, Edited by James A. H. Murray (1901) Volume V, Oxford: The Press at Clarendon.

See also, secular, natural, unregenerate.

115 . First Corinthians 2:14-16.

116 . Black's 3rd, page 1356.

117 . Black's Law Dictionary (4th Edition, 1957 & 1968), page 1300.

118 . US vs. Pitman, 27 Fed. Cas. 540. Black's 3rd, page 1370.

119 . See Winspear v. Dist. Tp., 37 Iowa 544; People v. Morgan, 90 Ill. 563. Bouvier's Law Dictionary (1914), page 2626. [Emphasis and

insertions added.]

120 . Cooley, Const. 206. Bouvier's Law Dictionary (1914), 'Religion,' page 2865.

121 . Black's Law Dictionary (4th Ed. 1957 & 1968), page 1319. [Insertion added.]

122 . See the cites in Black's 3rd, (1933), page 139.

123 . Black's Dictionary of Law, 3rd Edition , by Henry Campbell Black, 1914, page 1420-22.

124 . See Romans 8:29-30; Ephesians 1:4-5; Matthew 20:16, 23; and 24:22; Jude 4; ans etc.

125 . Davis, Federal Searches and Seizures (1964), p. vii.

126 . Buruham vs. Hotchkiss, 14 Conn. 317. Black's 3rd, page 1263.

127 . Hoffman v. Apostolic Works, D.C. Mun. App., 43 A. 2d. 848, 849.

128 . People v. Budzan, 295 N W 259, 260, 295 Mich. 547.

129 . Random House Webster's College Dictionary, 1992.

130 . Random House Webster's College Dictionary, 1992.

131 . Random House Webster's College Dictionary, 1992.

132 . Webster's Dictionary; Wharton, Law Dictionary.

133 . Black's Law Dictionary (4th Ed. 1957 & 1968), page 1617.

134 . Black's, 3rd.

135 . Christian vs. Mills, 2 Walk. (7)(a) 131.

136 . Memphis Telephone Co. v. Cumberland Telephone & Telegraph Co., C.C.A. Tenn., 231 F. 835, 842. Black's Law Dictionary (4th

Ed. 1957 & 1968), page 1685. [Christ has manifested all three requirements.]

137 . The Lawful entity is the united States of America. The 'u' in united is lower case.

138 . Hooven and Allison Co. vs. Evatt, U.S. Ohio, 324 U.S. 652.

139 . See, Title 26, Words and Phrases, for definition of United States used in above.

140 . Title 28, Sec. 3002, 1993 Fed. Jud. & Proc. Rules b. The Republic of N. America. Abbrev. U.S. or U.S.A. 1781. c. In other

applications 1864. Oxford's Dictionary 1933.

141 . Hunt v. Pownal, 9 Vt. 411, 10 Bacon Abr. 364. 67 C.J. 11.

142 . 2 Kent's Commentaries. 300-303, and 1Blackstone's Commentaries, 480, 481.

143 . Ibid., page 996.

144 . The Shorter Oxford English Dictionary (1952), page 2450.

145 . Brunner, Revelation and Reason (1946), page 258.

146 . Black's, 6th, supra, page 257.

147 . New Abridgement of the Law, by Matthew Bacon, 1846, Volume VII, published by Thomas Davis, Philadelphia, Pennsylvania.

148 . Roget's Thesaurus of The English Language, published in 1936, under 'Misnomer', page 310 and 593.

149 . See 'alien,' in Wharton's Pa. Dig., Sec. 20.94. Cited in Oxford English Dictionary, 2nd Edition, 1989, pub. by Clarendon Press.

150 . Rust vs. Kennedy, 4 M. & W., 586, cited in Queen vs. Plenty, infra.

151 . Queen's Bench, 3 E. & E. 634; Reg. vs. Bradley.

152 . The Queen vs. Plenty, Lawyers Review, Volume IV, page 346, 1869.

153 . 4 Bacon's Abridgement, page 7, 1832.

154 . 1 M. & S., 722; 1 Marsh. 260; 8 T.R. 332; 1 East 499; 1 Chit. Pl. 1

155 . Com. Dig. Pleader, C. 18

156 . Oregon Supreme Court Record, Book No. 1, 1844-1858. [Emphasis and insertions added.] Seely vs. Schenck and Denise, Crandall

vs. Fr. Denny & Co., 1 Penn., Rep. 75.127. Tomlinson vs. Berke et al (5 Haisl. Rep. 295).

157 . Fisher vs. Magnay, 6 Scott N.R., 588; Emerson vs. Brown, 8 Scott N.R., 219 at 222.

158 . See the instructions to any I.R.S. form, especially the 1040.

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