Lawful Path Forums

Let's face it, Christians, the main reason for our being tricked into become surety for strangers and letting the courts run rough-shod over us, is that we have become completely ignorant of the Law. We, as a society, have become complacent and even indoctrinated into letting others tell us what the law is. The so-called law in America has become so arbitrary and convoluted that it's no wonder people get intimidated by it. But even a cursory study on the basics of Law can provide some clarity through the all of the muck.

For those who wish to do a study on the principles of common law and what is required for a court to gain jurisdiction, the design and purpose of abatements, what must be shown by plaintiffs and presumed by courts in cases involving debt, mortgages, licenses, etc.... I've listed some great books below, with hyperlinks to the download pages. These books are less of what the law is, but more of how the law works. That is, in my opinion, the key to understanding law.

This is by no means an exhaustive list, but these books will get anyone started in getting to the basics of common law process. Google has a ton of law books for downloading. Other than certain dictionaries, I would suggest sticking with books originally published before 1933. They tend to have less “legaleze” and more “common” law. A lot of these other books can be found by following the links under “Related Books” on the Google Books download pages. Yale, Cornell, and Archive.org have online libraries with out of print books for download also. Of course, a good law dictionary or two such as Bouvier's and early Black's are always helpful.

You may get the most out of these books by reading them more like a reference book than a novel. Most are broken into sections and subsections that may contain a particular area of Law that interests you at the time, or pertains to an issue that you or someone you know is facing. It may be a good idea, if you can afford it, to get them printed and bound at your local copy store. It just makes for better highlighting, bookmarking, and notes.

I hope some find this helpful:

Pleading and Practice in Actions at Common Law by Martin P. Burks
https://archive.org/details/pleadingpractice00burkiala

Handbook of Common Law Pleading by Benjamin J. Shipman
http://books.google.com/books?id=7gk-AAAAIAAJ

Handbook of Common Law Pleading by Joseph H. Koffler
http://famguardian.org/Publications/Com ... eading.pdf

Principles of Common Law Pleading by John Jay Mckelvey
http://google.com/books?id=QBQ-AAAAIAAJ

Annotated Forms of Pleading and Practice at Common Law, Book 2 by John Lewson
http://google.com/books?id=c2NAAAAAYAAJ

If you have a book or two to recommend regarding the old ways in Law, culture, heraldry, family, etc. for the Christian library, please share!

God Bless,

Thank you Thomas.

I've downloaded the books with the intention of posting them in our Reading Room.

All except the first link, which appear to be more recent essays by living authors. I couldn't find a copyright notice anywhere on the site, but I don't want to post them without permission. Are you aware of any re-publishing rights being granted somewhere on the website? (yale.edu)

Thank you for catching that, that link was not supposed to make the final cut.

In my draft of the post I had many books listed (a quick cut and paste), and thought I deleted all but 5. Apparently the Yale book was persistent and managed to sneak through. I will delete it from the post.

Although the Yale library is an excellent source, I'm not aware of any re-publishing rights granted by them.

God Bless,

Common-Law Pleading Its History and Principles Including Dicey's Rules Concerning Parties to Actions and Stephen's Rules of Pleading by R. Ross Perry
https://archive.org/details/commonlawpleadin00perr
also available as a reprint on Amazon or others

notmartha,

Thanks for the book. I gave it a quick browsing and it looks like it'll make a nice addition to the library. It's my understanding that Stephen's Rules are to civil procedure as Robert's Rules are to parliamentary procedure.

God Bless,

Here are some on trusts. I own and have read the first 2, the others I have not read yet.

EXPRESS TRUSTS UNDER THE COMMON LAW; A Superior and Distinct Mode of Administration Distinguished from Partnerships Contrasted with Corporations
https://archive.org/details/cu31924024769758

A treatise on the law of trusts and trustees by Jarious Perry (1882) (often called “Perry on Trusts”, this book is pretty much the standard)
https://archive.org/details/atreatiseonlawt01parsgoog

The law of trusts and trustees, as administered in England and America, embracing the common law, together with the statute laws of the several states of the Union, and the decisions of the courts thereon (1862)
https://archive.org/details/cu31924018795520

An Elementary View of the Common Law, Uses, Devises, and Trusts: With Reference to the Creation ... (1840)
https://archive.org/details/anelementaryvie00hayegoog

I couldn't find a copyright notice anywhere on the site, but I don't want to post them without permission. Are you aware of any re-publishing rights being granted somewhere on the website? (yale.edu)

I found the following regarding republishing rights at Yale University Press:

http://yalepress.yale.edu/yupbooks/GoogleSettlement.asp

I hope this helps...

Thanks Thomas. It did appear to me that Google was overstepping its bounds in its zealous display of digitized books. If you or I had done the same, we'd have been sued, and paid punitive damages. Google gets away with a "settlement".

Maybe we need to go farther in our education? Especially as equity is where one wins relief when the common law has no remedy. https://en.wikipedia.org/wiki/Equity_%28law%29
Equity is commonly said to "mitigate the rigor of common law". Equity is to Common law like the Proverbs of Solomon are to the 10 commandments & their statutes and judgments.

As priests and kings, under a New Covenant of the Prince of Peace, would it not be prudent to study the 'spirit of the law', grace and covenants/treaties as well as 'the Law'? In the "secular" world one could say the same principle of 'spirit of the law' are found in the Maxims of Equity: https://en.wikipedia.org/wiki/Maxims_of_equity This is brought out by:

Why Equity is King & the Maxims are its Essence - Examples of & Notes re Original Bills in Chancery https://docs.google.com/file/d/0B-QL2sb ... FXMkN5VDQ/ (my cliffnotes reference for Gibson's, 10 pgs)

One example how an equity maxim translates for Christians: "Equity wont aid a volunteer" = don't make covenant with other gods, can't serve two masters/lawgivers (contracts).

Another example would be the admonition Christians NOT to bring lawsuits against their brother, but a Suit in Equity is how one would find 'relief' from an injustice according the the 'law'/contract/agreement of the parties. So it is important to understand the difference between Suits in Law vs Suits in Equity: CJS on actions at law and suits in equity.doc - https://docs.google.com/file/d/0B-QL2sb ... pxMVdkMzQ/

Gibsons, Suits in Equity: https://archive.org/details/cu31924084259872 (this is one of the best books I've read on the subject)

Snell- The Principles of Equity (1912 - rumor says its: " the bible and main reference book in courts of chancery") https://drive.google.com/file/d/0B-QL2s ... 9tMWlmMjA/ a good source book for Equity Maxims, Trusts, Equitable Assignments, charitable gifts, etc. (e.g. p74-75 re "where there is a gift upon trust for charitable purposes...)

Maxims of Equity - https://drive.google.com/file/d/0B-QL2s ... dvTHhlOTA/ After reading this chapter you should:
* Have an awareness of the nature of equitable maxims and their role.
* Have a knowledge of a range of the equitable maxims.
* Understand the way in which individual maxims have influenced the law in particular areas.

Trusts & Equity Summary: https://drive.google.com/file/d/0B-QL2s ... F6Z2JLMHM/

Podcasts on Equity & Trusts http://www.alastairhudson.com/podcasts/ ... tsList.htm The reading material for the above listed podcasts has some good summary points: http://www.alastairhudson.com/podcasts/ ... erials.pdf

KJV Dictionary Definition: equity http://av1611.com/kjbp/kjv-dictionary/equity.html EQ'UITY, n. L. oequitas, from oequus, equal, even, level.
1. Justice; right. In practice, equity is the impartial distribution of justice, or the doing that to another which the laws of God and man, and of reason, give him a right to claim. It is the treating of a person according to justice and reason.
* The Lord shall judge the people with equity. Ps.98.
* With righteousness shall he judge the poor, and reprove with equity. Is.11.
2. Justice; impartiality; a just regard to right or claim; as, we must, in equity, allow this claim.
3. In law, an equitable claim. "I consider the wife's equity to be too well settled to be shaken."
4. In jurisprudence, the correction or qualification of law, when too severe or defective; or the extension of the words of the law to cases not expressed, yet coming within the reason of the law. Hence a court of equity or chancery, is a court which corrects the operation of the literal text of the law, and supplies its defects, by reasonable construction, and by rules of proceeding and deciding, which are not admissible in a court of law. Equity then is the law of reason, exercised by the chancellor or judge, giving remedy in cases to which the courts of law are not competent.
5. Equity of redemption, in law, the advantage, allowed to a mortgager, of a reasonable time to redeem lands mortgaged, when the estate is of greater value than the sum for which it was mortgaged.

Equitable versus legal title http://en.wikipedia.org/wiki/Equitable_title
At common law equitable title is the right to obtain full ownership of property, where another maintains legal title to the property.[4] Legal title is actual ownership of the property. When a contract for the sale of land is executed, equitable title passes to the buyer. When the conditions on the sale contract have been met, legal title passes to the buyer in what is known as closing. Legal and equitable title also arises in trust. In a trust, one person may own the legal title, such as the trustees. Another may own the equitable title such as the beneficiary.[5]

The Cesti Que Trust (and breach of fiduciary duty)- Howard Griswol, Air Date: 8-18-2012
http://www.youtube.com/watch?v=F6JWIBh6IBU Interest definitions at beginning. about removing IRS liens around 1hr in. Carlos offers to help remove liens around 1hr 33 mins in.

A trustee liability for breach of trust is personal (there goes their immunity) in character with all the consequences and incidents of personal liability and is enforceable against his estate.
A trustee breaching his duty comes within the maxim that "equity will not aid one who comes into court with unclean hands. (it's about time)
When the trustees have made acts of omission the beneficiary can question the propriety of the trustees. The Beneficiary had to have had, full disclosure, full knowledge of all the material facts and circumstances. A beneficiary must have had knowledge of and understood their RIGHTS. (27. 76 American Jurisprudence 2d Trusts)
And the Beneficiary is UNDER NO OBLIGATION TO SEARCH PUBLIC RECORDS. (28. McAllister v McAllister 120 NJ Eq 407, 184 A 723, affd 121 NJ Eq 264, 190 A 52 afd 121 NJ Eq 249, 190 A 53. The Beneficiary is presumed to be reposed in innocence as in contradistinction to a citizen abiding in ignorance.) http://www.the-legacy.info/Breach%20of%20Trust.html

Maxims and sayings Relating to Fraud: (from footnotes on page 43, Gibsons' on Suits in Chancery, Maxims... of Adjudication) http://archive.org/details/cu31924084259872
1. A person intends to perpetuate a fraud uses general terms
2. Fraud and justice never dwell together
3. It is a fraud to conceal a fraud.
4. Fraud is not purged by indirect action.
5. The suppression of the truth is the suggestion of what is false.
6. A right of action cannot arise out of a fraud.
7. Fraud lurks in general expressions.
8. Once a fraud, always a fraud.
9. Fraud poisons all it touches.
10. Fraud has the outward visible sign of honesty, but lacks the inward spiritual grace.
11. The knot that fraud ties, Equity delights to untie.
12. Fraud strives to cover up its tracks.

Confusion and Unraveling videos by Marcus re Law of Property: http://servantking.info

Maybe we need to go farther in our education? Especially as equity is where one wins relief when the common law has no remedy. https://en.wikipedia.org/wiki/Equity_%28law%29
Equity is commonly said to "mitigate the rigor of common law". Equity is to Common law like the Proverbs of Solomon are to the 10 commandments & their statutes and judgments.

Thank you, MTKonig, for the participation and addition of various links. I appreciate the premise of your post, especially since the basis of the new Covenant is to obey the Spirit of the Law as opposed to the old covenant of obeying the Law codified in stone.

For what it’s worth, however, I’d like to caution those who seek the Kingdom of Christ and to maintain Liberty in Him, that the equity found in Scripture is not the equity found in law. Equity in the law originated from English common law, in Chancery, and it formed a body of legal and procedural rules that override common law. As such, it is part of commercial law and not a part of the lex non scripta.

There are a few court decisions that back this up, such as:

"The very purpose of equity was to humanize the common law by modifying or removing its unconscionable burdens." Strauss v. Strauss (1941), 3 So.2d 727

Although the generally used definition of equity may mean “uprightness, fairness, and justice”, to the provisional courts in America it is a way to attach legal status to a man:

"No man can be charged in equity as a partner, and sued at law as a debtor of the firm, for his adversary cannot place him in these incompatible legal attitudes." Rheem v. Snodgrass, et al. (1858) 2 Grant's Cases 379.

And from Bouvier:

"Lex fingit ubi subsistit aequitas --Law creates a fiction where equity exists." Bouvier's Law Dictionary (1914), "Maxim," p. 2143;

"In fictione juris semper subsistit aequitas --In a legal fiction equity always exists." Bouvier's Law Dictionary (1914), "Maxim," p. 2138.

Bouvier also states in his definition of “Equity”: “It was then asserted that equity was bounded by no certain limits or rules, and that it was alone controlled by conscience and natural justice. 3 Bl. Com. 43−3, 440, 441.” (I encourage you to read the full entry)

Thus, Equity became open to legal discretion, through the conscience of a magistrate, for hearing and deciding disputes on protected “Rights” and other legal matters. For example; public contract disputes are cases in equity (motor vehicle violations, tax disputes, fishing without a license, jaywalking, cases involving compensation for damage, etc.). Christians need to remain out of equity. To plea in equity is to throw yourself at the mercy of a capricious and unGodly court.

Rules of pleading have been developed over a long period of history in order to maintain a certain amount of civility and decorum, and they do not discount Christian common Law process. However, these rules sometimes serve to condone some forms of action while pretending that others no longer exist. We, as Christians, need to learn those rules and how to use Lawful process to defend ourselves against those trying to steal from us and His Kingdom, and the presumptions that the provisional courts have regarding our “citizenship”.

Please remember, there is always a remedy in Christian common Law (Scriptural Law). There has never been a more perfect set of rules to live by; it is complete with remedies by restitution, servitude, and death. There are also, of course, the considerations of mercy upon the wrongdoer and the vengeance of Yahweh for His people. It is up to you, as a Believer and faithful servant, to apply those remedies between yourselves and fellow Brothers and Sisters in Christ, and to defend yourselves against unGodly breaches of Liberty.

Scripture contains the perfect Law. To the Godly man, there is no rigor to Christian common Law. King David wrote a whole Psalm (119) about the joy and delight of Yahweh’s commandments, statutes, precepts, and judgments.

May the Lord richly bless you,