The root of the common law lies in the Anglo-Saxon tribal traditions of Europe and their village-based system of justice and government. In this tradition, authority arose from the will of the people and not a ruler, since liberty was understood to dwell inherently within every man and woman born.
Rights are not granted by one person to another, since they exist; ab initio” from the beginning.
All people, therefore, have the inborn capacity to govern themselves, to know right from wrong and act justly, and to judge for themselves all things, including the conduct of others.
This inborn capacity rather than imposed statute was the tribal guarantee of social peace and harmony.
But alongside this common law arose a contrary system of governance derived from state-level Empires and their religions that saw people not as inherently free but rather as chattels and property of others.
This imperial system of domination has always been at permanent war with the liberty and equality of the common law.
The Only True Law is Natural Common Law
Cause No Harm, Cause No Injury, Cause No Loss, to your fellow man/woman
Common-Law is NOT the same as Natural Common Law
Common Law is created in the legal system we know as Acts and Statutes by Private BAR Member Judges from previous cases, on which they then say is now common in law.
It is effectively common cases heard in their Private Court Rooms and which they have classed as being a common event.
Once the Private BAR took control !
“Infomation Below is Courtesy of the Bercianian”
For the purposes of resolving the confusion which abounds on this critical subject, here lies the British Common Law Timeline, from Brutus to Magna Carta 2020.
1103 BC – According to the Historical Triads, Morgan and Waddell, Britain was founded by Brutus and the Trojans, as a free and sovereign nation, in which all men and women were considered equal to the king.
This ancient assertion was corroborated by Lord Chief Justice Coke, in Preface to Vol. iii. of Reports, when he affirmed that the Original Laws of this land were composed of such elements as Brutus first selected from the Ancient Greek and Trojan Institutions.
Under Trojan Law, the king [known as the Sovereign Paramount] was responsible for the protection of the people, the punishment of criminals and the settling of disputes. However, the Sovereign Paramount assumed the role of a military dictator during times of national conflict or foreign invasion.
When the Trojans arrived, the island was already partially inhabited by their kindred, the Kymry in the west, the Loegrians in the east and the Brythons in the north, who were known as the Giants in traditional folklore.
After being elected as their leader, Brutus named the island Britain [Prydain in the common tongue], when it was divided into three sovereign domains – Cambria in the west, Loegria in the east and Alban in the north.
The island had previously been known as Albion, during which time the Giants established the tin industry in Cornwall, which remained a sovereign and independent part of the new nation of Britain.
The Trojans and their kindred not only spoke the same language, they also practised the same nature-worshipping Druidic religion, out of which arose courts of Common Law, which were also presided over by the Druids.
1075 – 400 BC – By the time Brutus died in 1075 BC, Britain had already established itself as an advanced metal-working, stone-building, sea-faring nation, with a large population that was significantly bolstered by the migration of their kindred from the mainland of what later became known as Europe.
However, despite the building of sixty universities, the expansion of the national roads network and the nation becoming the primary exporter of tin to the civilised world, Britain was riven by internecine disputes and civil wars, over whom would act as Sovereign Paramount, for the better part of the next seven centuries.
The inevitable rise of tyrannous kings led to the secession of many clans, which formed their own petty kingdoms and made claims to land and resources, which were in perpetual states of a dispute between the warring kingdoms.
Until a petty king of Cornwall conquered his enemies to become the uncontested king of Britain and established long-lasting peace by instituting a codified system of Common Law, which united all the previously warring petty kingdoms under a system of equitable triads.
400 BC – This system of Common Law was established in writing by King Dyfnal Moelmud [Donald the Bald], originally known as the Molmutine Laws, which were applied across Britain for the next two millennia.
These laws set in stone the power of the people to nullify miscarriages of justice, unjust laws and tyrannical regimes, by way of what became known as the Grand Jury 1500 years later, but was originally known as a Convention.
Britain’s sixty universities, as well as the courts of justice, were presided over by Druids, who extolled the virtue of vicarious atonement and the immortality of the soul, centuries before the birth of Christianity.
55 – 54 BC – After centuries of peace and prosperity in Britain under the Molmutine Laws, Julius Caesar tried and failed twice to invade what he and other contemporaries described as a highly civilised nation of people, where the nobility of Rome sent their children to be educated in the Druidic universities.
Nevertheless, with almost the entire Roman army at his disposal. Caesar twice explained to the Senate that it was the fearlessness of the “war-like Britons”, as well as their indomitable charioteers, which set fear a flame within his legions and inevitably resulted in two inglorious retreats from British shores.
36 AD – The first Apostolic Christian Church was founded near where Glastonbury now stands, after the British crown granted several hides of land to Joseph of Arimathea and the Apostles of Christ, as documented by the Doomsday book, more than a thousand years later.
43 AD – Claudius led another attempt to conquer Britain in 43 AD, for the purposes of which he hired the Angles, Saxons and Jutes as mercenaries.
However, this was the Pagan Roman Emperor’s attempt to crush Christianity at its source, which lasted more than four decades and resulted in Roman occupation of the south and east of the country, whilst the north and west of Britain largely remained under British control.
In fact, no matter how many resources Rome threw at the west and north of Britain, where the Cambrians, the Silures, the Picts and the Strathclyde Britons had lived harmoniously under the Common Law since 400 BC, the lands and peoples could not be conquered by Rome.
This stalemate led to numerous treaties which preserved the Common Law, with the agreement of the Roman Senate, in return for taxes upon the people, which were almost never paid.
86 AD – According to Morgan, the Romans were expelled from Britain [save for trading outposts and the odd strategic military base], within which the Druidic religion was seamlessly merging with Christianity, even though the former was still lawfully practised, as per the freedom of religion guaranteed by the Common Law.
156 AD – Lucius, king of Britain, declared that the country was a Christian nation, despite maintaining the ancient freedom of religion within its many kingdoms, as per the Molmutine Laws, which were in accordance will all of the central Christian precepts, most notably, treat others how you would have them treat you.
420 AD – Near the end of the fourth century of British Apostolic Christianity, the Angles, Saxons and Jutes begin to invade and settle in the south and east of Britain, bringing with them their Pagan religion, patriarchal tyranny and lawlessness, which prevailed for the better part of the next five centuries.
562 AD – During the reign of the British king, Arthur II, who subdued and conquered the foreign invaders, a comet struck and devastated Britain, which was uninhabitable for the next fifteen years.
577 AD – The Angles, Saxons and Jutes returned to Britain before the Britons, guaranteeing centuries of religious and civil wars. Nevertheless, British dominion over the north and west were quickly re-established, along with the Common Law.
580 AD – After invading the recovering lands in the north of Britain, the Scots of Ireland founded the Gaelic kingdom of Dai Riata, which comprised of much of what it has now known as Argyll in Scotland and Antrim in Northern Ireland, causing centuries of wars with the surviving indigenous Picts and Strathclyde Britons.
927 AD – England was founded by Æthelstan under the British Common Law, after Alfred the Great incorporated it into Anglo-Saxon Law around 886 AD, after being petitioned by his Aldermen to do so. However, the new kingdom remained sovereign for only 139 years.
1066 – England was conquered by the Normans, who imposed the feudal system, usury and taxation upon the English, rendering them serfs in their own homeland. However, the Cambrians [now the Welsh], the Scots and the Strathclyde Britons in Alba [now Scotland] remained free and sovereign under the original British Common Law.
1100 – William the Bastard’s son, Henry I, issued the first Charter of Liberties in 1100, thereby securing the rights of the barons and the king, whilst the people remained serfs who were subject to the occupiers’ unaccountable tyranny.
1166 – The Assize of Clarendon in 1266 transferred jurisdiction from the barons’ feudal courts, where justice was impossible to obtain for the people, to the Royal Court, which ordered a form of Grand Jury to be formed once a year in each feudal district, to hear all the indictments of alleged criminals, with the sworn intention of upholding the king’s peace.
1215 – After almost 150 years of unrestrained royal tyranny, king John’s barons – the freemen, or more accurately, the inheritors of the lands stolen during the conquest – forced the king at knife-point to seal Magna Carta 1215.
None of the articles acknowledged any rights, freedoms and protections for the serfs, who remained in feudal bondage. However, article 61 acknowledged the right to seek justice from judges who presided over alleged wrongdoings, as well as purporting to make rebellion against the monarch lawful, in the event the articles of the charter were breached.
1216 – The Boy King Henry III’s Great Charter of Liberties in 1216 [Magna Carta Libertatum] adopted 42 of the articles of Magna Carta 1215, with the notable exception of Article 61, which no monarch would voluntarily agree to because it purported to give freemen the right to rebel against the king lawfully. The new charter effectively repealed 22 articles and replaced the 1215 version.
1217 – The Great Charter of Liberties was reissued in 1217, following the end of the First Barons War and the Treaty of Lambeth. This included an addition which became known as the Charter of the Forest.
1225 – When King Henry reached the age of majority, he was asked to reaffirm the previous charters and he issued new versions. This time, the definitive version of the Magna Carta was issued with 37 of the original articles. This was the first time the charter became English Law. The new Great Charter of Liberties included a statement that the king sealed it of his own free will.
1227 – King Henry declared that all future charters had to be sealed voluntarily by the monarch and called into question the validity of all the previous charters, most obviously Magna Carta 1215, which John sealed at knife-point.
1237 – Both of Henry’s charters were finally confirmed and granted in perpetuity, in return for a tax burden on the people, which the barons collected for the king.
1297 – Magna Carta and the Charter of Liberties of 1225 were re-issued by Edward I, who set about imposing English domination upon the Catholic Scots, who were still living under their laws and an ancient unbroken royal lineage. Magna Carta 1297 was nevertheless committed to the statute book.
1320 – Robert the Bruce made the Declaration of Arbroath, affirming the Scots’ ancient lineage and their passionate dedication to freedom and independence from English rule, following decades of Red Coat genocides by royal decree and the merciless crushing of the Wallace Rebellion, led by a direct descendant of the Strathclyde Britons, William Wallace.
1331-69 – Edward III enacted the Six Statutes, for the purposes of clarifying the previous charters. The third statute of 1354 redefined clause 29 of Magna Carta 1297, so that justice was guaranteed for all men and not just freemen, as per the ancient customs, rights and liberties acknowledged by Magna Carta 1215, otherwise known as the Common Law.
1628 – Lord Coke’s Petition of Right was reluctantly sealed by Charles I, after he imposed martial law upon the people by royal decree, along with arbitrary taxes without consent and other harsh and cruel punishments.
1688 – Following centuries of religious, civil and foreign wars and the beheading of Charles I at the end of the English Civil Wars, James II was deposed for tyrannous crimes against the people and the Declaration of Rights was sealed by the new king, William of Orange, along with the Coronation Oath.
1689 – The Declaration of Rights was transposed into the Bill of Rights 1689, the articles of which guaranteed the Common Law rights of every English subject, including freedom of speech, freedom of assembly, jury trials and the right for Protestants to bear arms.
1701 – The Act of Settlement placed limits on the power of foreigners in government and on the power of the monarch in respect of Parliament, as well as settling the succession of the thrown on the Protestant line.
1706 – The Acts of Union 1706 and 1707 created the United Kingdom of Great Britain, in breach of the Declaration of Arbroath. However, it also meant that all subjects in both countries enjoyed the rights, protections and benefits guaranteed by the British Common Law, whilst retaining separate and distinct legal systems.
1801 – English occupied Ireland was unlawfully incorporated into the United Kingdom of Great Britain, by way of the Act of Union 1801.
1972 – 2019 – Successive UK Parliaments voted [incrementally] to cede British sovereignty to the European Union [formerly the Common Market], in various treaties and statutes, without the consent or knowledge of the British people, which is tantamount to High Treason. The first and predominant of those statutes was the European Communities Act 1972.
2020 – A treacherous Parliament attempted to usurp British sovereignty by way of section 38 of the EU Withdrawal (Agreement) Act 2020, whilst the Coronavirus Act 2020 treasonously purported to suspend the birthrights of the British people, as guaranteed by the Common Law, which gave rise to Magna Carta 2020 – Declaration of Rights, the purpose of which is to restore sovereignty, freedom and the Common Law.
There is much argument as to when the Law of the Land actually started?
This may look like a plain, unassuming piece of parchment, but it’s actually one of the most famous documents in the world. Magna Carta, meaning ‘the Great Charter’, has inspired people across the centuries, from Thomas Jefferson to Mahatma Gandhi. But why was the charter originally created? And what does it actually say?
Let us take you back to medieval England. It’s the year 1215, and the ruler is King John. Many people believe that King John was one of the worst kings in history. He imprisoned his former wife; he starved his opponents to death; he allegedly murdered his own nephew, and pulled the beards of the Irish Chiefs.
King John had imposed heavy taxes on his barons in order to pay for his expensive foreign wars. If they refused to pay, he punished them severely or seized their property. The barons demanded that King John obey the law; when he refused, they captured London and John was forced to negotiate.
The two sides met at Runnymede in June 1215. The result of the negotiations was written down by the king’s clerks in the document we know as Magna Carta. Although most of the charter’s clauses dealt with medieval rights and customs, Magna Carta has become a powerful symbol of liberty around the world.
The most famous clause, which is still part of the law today, for the first time gave all ‘free men’ the right to justice and a fair trial.
‘No man shall be arrested or imprisoned except by the judgment of their equals and by the law of the land. To no one will we sell, to no one deny or delay right or justice.’
Wow That Sounds Great
However, this clause was not as liberal as it sounds.
The Charter only applied to ‘free men’, the vast majority of people in 1215 were unfree peasants who were ruled over by their landowners.
And although Magna Carta was intended to create peace between King John and his rebellious barons, England was plunged into civil war after the Pope declared the Charter invalid.
When King John died of dysentery in 1216, nine-year-old Henry III took to the throne.
To keep the peace, Magna Carta was reissued several times during the 13th century, until it was finally made part of English law.
Magna Carta has lived on for 800 years and is echoed in the United States Declaration of Independence and the Universal Declaration of Human Rights.
Perhaps Magna Carta’s most important legacy is that everyone – including our leaders – must obey the law.
What started out as a document of specific complaints from a group of barons has turned into an international symbol of liberty, without which we might not have the rights we value so much today.
Although Magna Carta contained 63 clauses when it was first granted, only three of those clauses remain part of English law.
One defends the liberties and rights of the English Church, another confirms the liberties and customs of London and other towns, but the third is the most famous:
No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land. To no one will we sell, to no one deny or delay right or justice.
This clause gave all free men the right to justice and a fair trial. However, ‘free men’ comprised only a small proportion of the population in medieval England. The majority of the people were unfree peasants known as ‘villeins’, who could seek justice only through the courts of their own lords.
This clause was given no particular prominence in 1215, but its intrinsic adaptability has allowed succeeding generations to reinterpret it for their own purposes. In the 14th century Parliament saw it as guaranteeing trial by jury; in the 17th century Sir Edward Coke (1552-1634) interpreted it as a declaration of individual liberty in his conflict with the early Stuart kings, and it has echoes in the American Bill of Rights (1791) and the Universal Declaration of Human Rights (1948).
Much of the remainder of the Magna Carta dealt with specific grievances regarding the ownership of land, the regulation of the justice system, and medieval taxes with no modern equivalent (such as ‘scutage’ and ‘socage’). It demanded the removal of fish weirs from the Thames, the Medway and throughout England; the dismissal of several royal servants; the standardisation of various weights and measures; and so on.
Magna Carta stated that no taxes could be demanded without the ‘general consent of the realm’, meaning the leading barons and churchmen. It re-established privileges which had been lost, and it linked fines to the severity of the offence so as not to threaten an individual’s livelihood. It also confirmed that a widow could not be forced to remarry against her wishes.
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