Common Law Primer: Dictionary of Terms

by Larry McClurg

Common law is the unwritten law, the will of mankind issuing from the life of the people. It existed long before the state or federal government or the Constitution. The law is cause no harm or loss to another man. It is so simple children can comprehend it. Do no harm, injury, or damage to life, liberty, or property of another is the only man made law binding on all. Common law works the same in any common law country when it is based on Magna Carta and the Common Law of the people of England. Our courts were set up as courts of record. No judgment of a court of record can be appealed to the Supreme Court or an inferior court except by the rules of common law. There is no higher court. Inferior courts are any courts that use statutes or codes. “Inferior courts” are those whose jurisdiction is limited and special and whose proceedings are not according to the course of the common law.” [cf. Ex Parte Kearny, 55 Cal. 212; Smith v. Andrews, 6 Cal. 652].. A court of record doesn’t simply mean the court is recording what you say, although that is what the legal system would have you believe. What it really means is Courts of record proceed according to the course of the common law, without the aid of a statute or code. [Corpus Juris Secundum vol 25 section 344 ]. The "judge" or magistrate has no discretion in a court of record at common law, and can only do ministerial functions, such as signing orders in your 7th Amendment common law suit. . The authority of a court of record at common law comes from unalienable fundamental rights and may not be submitted to vote, and is not dependent on the Constitution or the outcome of elections.. "It is not possible to move a single step in any judicial or legislative proceeding, or to execute any part of our statutes, or of our constitution, without having recourse to the common law.” [cf. 8 U.S. 75 (1807)]. Then why do our courts of record seem to use only statutes and codes? Common law procedure has been nearly wiped out by attorneys unlawfully infiltrating every branch of government prohibited by the original 13th Amendment to The Constitution, proposed 1810, and ratified 1819, and if force until after the Civil War, when it was mysteriously replaced by a false amendment titled 13, and gradually replacing the Law of the Land with private foreign law, statutes and codes, and outlawing courts of record proceeding with the rules of common law with legislation..

225 pages, Kindle Edition

Published May 10, 2018