Chapter 2: CLCTML

 

                                        Chapter 2:   CLCTML

 

 

Civil Law, life is a conditional privilege, and humanity is a managed slave populace. Accordingly, governments operate in practice according to Civil (statute) law and denigrate or ignore Common Law altogether through the rule of unaccountable judge-dominated courts.

7. The most extreme form of elite-based Civil/Roman Law is what is called Papal or Canon Law, which defines the Church of Rome as the only legitimate authority on earth to which all other laws, people and governments are subordinate. Canon law is self-governing and completely unaccountable to anything but itself. Behind its front of Christian rhetoric, Roman Catholicism is a neo-pagan cult based upon the late 3rd century Roman Emperor-worship system known as Sol Invictus, in which one sovereign entitled “God and Master” (Deus et Dominus) rules heaven and earth: specifically, the Pope. This tyrannical cult has not surprisingly caused more warfare, genocide, conquest and murder than any power in human history, and continues to constitute the single greatest threat to Common Law and human liberty.

8. The Church of Rome was the first and is the oldest corporation on our planet: a legal entity designed for the protection of tyrants, which nullifies the individual liability and responsibility of the elites for any crime or conquest they perpetrate. From Rome and the Vatican Incorporated has spread the contagion that now threatens to destroy our planet and our lives, as unaccountable corporate oligarchy everywhere subverts liberty and the health of our planet by subordinating all of life to profit and power.

9. At this very moment of corporate conquest and its subjugation of humanity, a counter- movement is arising to reassert the divine purpose and its operation through the Common Law, and to restore the earth and humanity to their natural being as a common body. This movement is foretold Biblically and in prophecy as the time when all people are returned to their natural equality, devoid of all divisions, privileges and oppression, in order live in harmony with creation and one another.

10. This restoration of humanity is a divine purpose, and begins by actively dis-establishing all existing authority and institutions derived from Roman civil law, and replacing them with a new governance under Common Law jurisdiction. The creation of that new Natural Law authority among a liberated humanity is the fundamental purpose of the Common Law Courts.

How Do We Use the Common Law?

The truth is that throughout everyday life, people everywhere use and rely on Common Law to live and work together. It is simply the inherent way that people conduct their affairs together. Liken it to the roots that bind together human communities by unconditionally upholding the life, dignity and wellbeing of every man, woman and child. These roots are especially necessary and foundational in the face of tyrannical powers that seek to subvert such natural freedom.

The Common Law’s firm horizontal guarantees of mutual respect and protection are a permanent threat to the efforts by arbitrary rulers to harness men and women into the unnatural and vertical arrangement known as the State. That is why every government and religion seeks to annul the Common Law with their own authority and statutes, in order to reduce free peoples everywhere to the status of regimented, obedient tax paying wage slaves who serve a ruling clique.

To extend our everyday reign of Common Law into all areas of life means to challenge the arbitrary rule of those cliques, and of all State level regimes. But the very fact that it is the Law of we, the vast majority of humanity, means that it only needs to be consistently practiced by enough of us for arbitrary authority and dangers to crumble.

We use the Common Law by simply employing and relying on it, in all spheres of life. And that means, first, by establishing functioning Common Law Courts with absolute and ultimate jurisdiction over every aspect of our lives and communities.

Matters before a Common Law Court

Traditionally, law in the European tradition falls into two general categories: civil and criminal law. The former deals with disputes between individuals – often called “Tort” offenses – or issues of negligence which cause harm. Criminal law deals with acts of intentional harm to individuals but which, in a larger sense, are offences against all people because they somehow threaten the community.

Arising as a defense against absolutism and state or church tyranny, the Common Law traditionally has dealt with Criminal Law matters that “crown” or “canon law” courts refuse either to address, or do so in a restricted manner, including murder, rape, warfare and other crimes against the community. But civil matters of personal disputes may also be brought into a Common Law Court, which after all claims universal jurisdiction over all legal matters within a community.

Indeed, because Common Law is rooted in the jury system, what better forum can there be for the settling of civil matters between individuals than a trial before one’s own neighbors?

For our purposes, however, the major focus of litigation before our Common Law Courts will be on Criminal Law and matters involving serious threats or crimes made against people, animals, communities, and the environment.

As in any lawful system, the burden of proof in any such litigation brought before the Common Law Court will be on the plaintiffs – those bringing the lawsuit – and normal Rules of Evidence will apply. For example, allegations against a party cannot be made in court without there being a basis in provable facts, such as primary documentation that is certified by an independent party, or by producing eyewitnesses to the alleged crime.

Another crucial Rule of Evidence is the inadmissibility of hearsay evidence, as in “No, I wasn’t there, but I heard about what happened”. This is an especially relevant rule when it comes to the commission of serious crimes, such as murder, genocide or rape.

In short, any allegation must be backed up with provable facts, and must be made by one who was a direct participant in or an eyewitness to the event.

For our purposes, it must be noted that in the case of especially monstrous, corporate crimes committed by governments or other powers, such as wars of aggression, genocide or human

trafficking, normal rules of evidence are less stringently applied. This is because of a realistic understanding that crimes committed by entire societies or regimes are of a different nature than crimes by isolated individuals. A different set of norms regarding intent and provable evidence applies.

In the words of the chief American prosecutor at the Nuremberg Trials in 1946, Robert Jackson, “No regime that seeks the extermination of entire groups of people generally retains written proof of their intent to commit this crime. Considering the murderous nature of their regime, there is no need, since such extermination is not considered a crime. Nevertheless, even such a system seeks to fog and dissimulate the evidence, especially during wartime ... The proof of crimes against humanity generally lies not in documents but in the witness of survivors, in mass graves, and in the implied proof of the intent to commit these crimes contained in the everyday and institutionalized laws, attitudes and norms of the murderous regime.” (our emphasis)

Implied intent is a legal concept especially relevant and specific to litigation involving genocidal regimes, including governments and churches whose world view and laws consider other groups to be unworthy of life or equal rights, such as the groups that were tried and sentenced in the first case of the International Common Law Court of Justice concerning the genocide of indigenous peoples in Canada by church and state. (www.itccs.org)

Laws such as the Indian Act of Canada, which impose a different set of laws on a racially targeted group, or the Roman Catholic “canon law” called Crimen Sollicitationas, which condones and facilitates the concealment of child rape within the church, indicate a clear implied intent to commit and abet criminal acts.

That is, it is unnecessary to prove the individual intent to harm children by Catholic priests, since under their own self-governing rules called “canon law”, every priest is systematically required to harm children by aiding those who do so if he is to retain his job and ordination. The collective guilt of these clergy as a whole is implied and clear, just as it was concerning all of the servants of the Nazi regime.

Thus, while normal due process requires that the prosecution prove that the accused committed an act and did so with deliberate intent, such an intent may also be assumed to exist by the larger context of a crime, especially when that crime is perpetrated by entire organizations or regimes.

Ascertaining the truth is always laborious, but ultimately the process is best guaranteed by a body of jurors than single adjudicators. Common law juries, and not individual judges, are invariably a better guarantee against the abuse of Rules of Evidence and just procedure in a courtroom.

Self-governing judges are notoriously prone to corruption and political manipulation, and when appointed by the very governments under criminal investigation, are obviously unsuited to the task of rendering a fair judgment. In fact, under legal procedure, such state-appointed judges have no jurisdictional competence to rule on the criminality and guilt of their employers.