"Courts are Government"
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- Category: Uncategorised
- Created: Sunday, 04 December 2011 18:45
- Written by John H Wilson
Government is the system of governing – and to govern is to rule with authority.
Governance by the People is Democracy.
Governance by Judges and Magistrates is Bureaucracy.
Who has power in the Courts is the Government over the Land and the People.
Democracy is the Rule of Common Law - which is the Law of the People, by the People and for the People and is made by the unanimous Judgments of the congregations of 12 Freemen as Jurors, who ask “So help me, God” for them to administer Justice. Justice is “the protection of rights and the punishment of wrongs”.
Bureaucracy is the Rule of Statute Law – which is the Law made by Parliaments, that have no Jurisdiction over the People, and is administered by stipendiary Magistrates and Judges.
When People Rule in the Courts, there is Trial by Jury, which is “the Palladium of Liberty”, “the Bulwark of Freedom”, and “the only Defense against Tyranny”. A Court has no Jurisdiction to proceed summarily (ie: without a Jury) unless first obtaining the clear and unequivocal consent of both parties to do so – otherwise, any awards, doings and proceedings are not to be drawn into consequence or example, ie: any such Judgments are illegal and void.
Sir William Blackstone (1723 – 1780) wrote: “UPON these accounts the trial by jury even has been, and I trust ever will be, looked upon as the glory of the English law. And, if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened, when it is applied to criminal cases! But this we must refer to the ensuing book of these commentaries: only observing for the present, that it is the most transcendent privilege which any subject can enjoy, or with for, that he cannot be affected either in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbours and equals. A constitution, that I may venture to affirm has, under providence, secured the just liberties of this nation for a long succession of ages. And therefore a celebrated French writer q, who concludes, that because Rome, Sparta, and Carthage have lost their liberties, therefore those of England in time must perish, should have recollected that Rome, Sparta, and Carthage, were strangers to the trial by jury.”
Magna Carta 1215 says, “No free man shall be taken indeed imprisoned, either dispossessed, or outlawed, or exiled, or in any manner destroyed, nor pass over him, nor send over him, except by means of the legal judgment of his own equals indeed the law of the land. To no one will we sell, to no one will we deny or delay right or justice”.
- Written by John Wilson, http://www.rightsandwrong.com.au
