Private Defense
Private Defense
BEFORE taking ANY of the following steps, you will need a mentor for guidance and con
sultation. Go to www.machettevanhelsing.com and contact Michael Machette VanHelsing. You will ESPE
CIALLY need consultation when sealing/recording your documents via the county recorder.
To set up a Private Bank account with private cryptocurrency and paper 'community currency', go to
http://neercorps.wixsite.com/tihtrust
For Clergy Plates and Travel Assistance, contact Michael Machette VanHelsing @ www.machettevanhels
ing.com
To acquire abandoned houses and/or land, contact Michael Machette VanHelsing @ www.machettevan
helsing.com
For Alternative Health Centers, doctors and natural medicine practitioners, order the 'Pharmakeia' man
ual @ www.machettevanhelsing.com/store
Become baptized by a believer in God and Christ. A non religious believer is best. Ask God for a new
name as baptism is your spiritual evolution. You are to become a new creature. Baptismal certificate
and documents are to be created, sealed and witnessed. (submerge the head or body in water and s
ay 'the Lord's Prayer' Before, during or after baptism)
Become a congregation member or an ordained minister of a 'free church'. Ordination certificate and
documents are to be obtained, sealed and witnessed.
Create a Pirivate Ministerial Trust with a name similar to your new name. Private Trust documents ar
e to be created, sealed and witnessed.
Apply for a fictitious business name similar to your new name with your local city. Fictitious busines
s names can be revoked at any time. Have this witnessed, recorded and posted in a local paper.
Use a virtual address in any state or country OTHER THAN the UNITED STATES/Washington DC/the Dis
trict of Columbia for the mailing address of the registration, so the government can’t locate you the
man/woman.
If you’re concerned that your devices will be targeted for confiscation and search, heed caution now.
Start carrying a burner phone—a handset you can wipe clean and destroy without much thought.
One note: The point of using a burner is to avoid leaving a trace of your phone activity. Our list of r
ecommended phones (and one app!) comes with links to online retailers so you can read more about
the devices, but if you’re trying to stay private, you should buy both the phone and a pre-paid data
allotment with cash. Most of these handsets (and the prepaid cards) are available at big-box stores h
ere and abroad.
Using this phone will probably make you feel 10 years younger. It won’t make you look 10 years you
nger, (sorry) nor will it run any smartphone apps. But it sends and receives phone calls and texts. Its
biggest strength is battery life—it has a standby time of up to 17 days, and you get five hours of tal
k time. You don’t get much else. If you can get by with a simple device, this is a good option. $15
at Fry’s.
If you want to stick with a flip phone, but also desire basic luxuries such as internet and email acces
s, this is a good choice. Don’t go out of the US with it though. Unlike TracFone, Total Wireless does
n’t offer international roaming. But it does work with a Bluetooth headset and it has a sound recorde
r—pretty good for a phone that costs as much as a burrito. $10 at Walmart.
LG 306G by TracFone
This LG is the intersection of cheap and modern-ish. It has a touch screen, can connect to Wi-Fi, has
3G capabilities, and even comes with a 4GB microSD card. You lose some juice, though, as it has a t
alk time of just three hours. $8.50 at Walmart.
LG K3 by Boost Mobile
This is higher grade of burner phone. It runs Android 6.0, has 4G LTE and even includes a 5-megapix
el camera. With the K3, you don’t have to deal with the hassle of a super-outdated phone or pay a
bundle for the added features. Plus, Boost Mobile offers international roaming, so you can bring this
with you across the border. $30 at Best Buy.
LG Rebel 4G by TracFone
We have officially moved into full-fledged smart-burner-phone territory. This LG handset has Bluetooth
4.0, 4G data speeds, and a decent camera. Most prepaid Android phones you can get for less than $
100 run way-old Android 4.4 KitKat. This one runs 5.1 Lollipop, which is still behind the times. But it’
s a smartphone for cheap. $60 from Walmart.
Samsung Galaxy J3
This is a burner phone for someone with a lot of cash to burn. Technically speaking, it is a prepaid,
unlocked phone that could be used as a burner anywhere in the world. Though that may seem kind
of ridiculous to toss such a pricey phone in the trash, it runs Android 6.0 so you can use Signal, Bur
ner, and any number of security-minded apps. It works on any GSM network in the world—just add
a prepaid SIM card. $180 at Best Buy.
BURNER APP
This isn’t a phone; it’s an app that anonymizes your texts and phone calls. When you call or text fro
m inside Burner, the app maintains your anonymity by routing your message through a new phone n
umber. It’s a working phone number too, so you can give it out without worrying about revealing yo
ur identity. When things get hot, just delete the number and it goes out of service. Burner is availabl
e for iOS and Android devices, and while it may be the most convenient option on this list for most
people, it won’t make you feel like you’re a flip-phone-carrying drug dealer from The Wire. $5 per m
onth.
https://numbr.com is the new name for craigsnumber.com. It offers you a completely free anonymous
number in a very easy way. Just log on to their site and register for a new number, which you can
get only seconds after clicking. You can even have a new number if you are away from your comput
er, by making a simple call on your fixed or mobile phone. Each number is unique and is not recycle
d. There are also features like call screening and anti-telemarketing. You can keep the number for a l
ength of time ranging from an hour to a month. The strong points of this service are the ease of us
e and that it is free.
Get an EIN# for the Trust. BUT DO NOT FILE ANY TAX FORMS! Use that business EIN to apply for all
accounts and interactions with the public.
Apply for 'business credit' for the Trust and get set up with Dunn & Bradstreet.
Open a private bank account in the Trust name and open a seperate foreign private bank account in
your name.
Then after you get the loan, or other account you need, you can cancel the business and/or the EI
N... AT ANY TIME.
Another approach is to change the EIN or the name of the business every couple of years!
However and whenever you operate in the public sector, do so in the Trust name and autograph doc
uments as an authorized representative of the Trust. (just like you've been doing your whole life)
Transfer your existing car into the Trust name or buy a car privately and DO NOT register the car. Fi
nd a 'free church' with a travel program and clergy plates for traveling freely.
ONLINE PRIVACY
The main idea here is to keep your IP address private and not traceable to any online activity. If you
r IP address is available, they can trace it to your ISP (Internet Service Provider), and then most likely
be able to subpoena your ISP’s records and figure out who you are. If they can’t get your IP addres
s, and you don’t do anything stupid to give away your IP or identity, it will be very difficult for anyo
ne to figure out who you are.
This will help protect you and your friends and family. If you have no choice other than to tell your
spouse or partner and/or one of your kids or a roommate, make sure that you only do so if you kn
ow that you can trust the person completely – with your life. Otherwise, don’t do this. What if they
get drunk or stoned or whatever – will they start talking about what you’re doing? Are you sure? At
first this could feel a bit lonely and frustrating, but after a while, you will meet others with similar in
terests online, and you can remain anonymous and speak with them without reservation.
Get the TorBrowser. If you use this browser as recommended on their site, this should provide you
with excellent IP address anonymity protection immediately. Even though I have a secure VPN (see #
2), I still use the TorBrowser for my most sensitive work in order to be extra safe – like writing in th
is blog right now. I won’t go into the details about TorBrowser here because you can read all about
that on their website.
I do have a minor reservation to using this browser since it was initially developed by or with the U.
S. Navy, but I feel fairly safe because of the fact that it is an open source project.
While the browser is great at hiding your IP address, it can be quite painfully slow to use, so I use t
he standard open source Firefox browser (over the secured VPN) for less critical operations like resear
ch.
Get VPN (Virtual Private Network) service right away. A VPN encrypts all of your Internet activity so t
hat it can’t be seen by anyone between you and the VPN. So, theoretically, this basically means that
your ISP, or someone working with or through your ISP, will not be able to spy on you. Hooking up
with a VPN, once you’ve decided on one, is very fast and easily accomplished online. You’ll need to d
ownload and install some fairly simple VPN software to enable the connection, and possibly an additi
onal program that runs in the background to monitor your connection and ensure complete Internet
disconnection upon a loss of the VPN connection.
You need to be very selective in this, but the most important criteria for selection is fairly simple: ch
oose a VPN service that you trust does not record and store logs. If they store logs, you then becom
e vulnerable to government intervention. The government can potentially request (demand) logs from
the VPN, which can then reveal your IP address, leading them to you – as described above. See Whic
h VPN Providers Really Take Anonymity seriously, and then double check to make sure their current p
olicy is the same as it was at the time of the article.
Secondly, you should choose a VPN provider that can help you guarantee that if the VPN gets discon
nected for whatever reason, all of your Internet communications are immediately stopped. (Or know
how to ensure this yourself.) Otherwise, the way this can work is: the VPN gets disconnected while y
ou are working on something sensitive, your Internet connection falls back to “normal”, meaning unpr
otected, and your IP address is then potentially exposed as you continue to work away, unaware of t
he lost protection, potentially out there in the open for all to see. I hate to use the following analog
y, but unfortunately it is quite apropos: it’s like having a rubber (condom, prophylactic) fall off in the
middle of having sex, and not realizing this has happened. Not a good thing.
The email service that is available through tormail.org is available through what is known as “Hidden
Services“. Hidden Services are generally only available through interaction via TorBrowser. Hidden Servi
ces, by design, hide the true identity (IP address) of both the service (in this case Tormail), and the
user (you). There is not a fancy Gmail-like option laden interface for Tormail, but it has been more t
han adequate for my needs.
You can download and configure Mozilla Thunderbird on your PC to interact with Tormail such that T
hunderbird can essentially be your sole email interface. There is also web-based email, available throu
gh Round Cube and Squirrel Mail interfaces, so you can keep all of your Tormail email so that it is o
nly available through web interaction. I prefer the latter option as the safer of the two because if so
meone were to steal or confiscate my PC, there would be no way to see these emails, or in my cas
e, there is no way to even know that I even have a Tormail email account.
There is no need to give any real information about yourself to anyone or any website while online.
No matter how seemingly anti-establishment the website or person is, or how much you believe in th
eir cause, give zero information about your real self. Only give your new assumed identity informatio
n.
There are people and websites that are specifically designated and designed to capture the identities
of people that disagree with government positions in particular ways. It is also my understanding that
lists are being made such that when the shit hits the fan so to speak, when the police and military
are used en-mass to subdue dissidents, the people on the lists will be amongst the first to be round
ed up and placed into the FEMA prison camps. It makes complete sense to me for the government a
nd military to first round up all of the most eager, knowledgeable and outspoken dissident citizens fir
st. Cut out the eyes, ears and mouth of the resistance first, then the rest will have a difficult time le
arning the truth of what is actually happening to them.
For shelter, find abandoned property and stand upon the land using the Trust name and Church spon
sorship.
Weapons and armor to protect yourself, property and loved ones (firearms unregistered, no paperwor
k)
First I want to say that it is COMPLETELY lawful AND legal to BUILD/ASSEMBLE firearms. This is also t
o say that you can buy gun PARTS and assemble them.
Start here:
www.empirearms.com...
www.sportsmansguide.com...
www.antiquefirearms.org...
www.gunsamerica.com
Also most states do not require registration for long guns purchased via private sale.
Most ballistic and other body armor is easy to purchase online and is both lawful and legal. Plus it is
suggested to use your imagination and have fun deciding which armor is best for your 'character'.
ALL EBOOKS, MANUALS, DOCUMENTS CREDENTIALS AND CONSULTATION ARE AVAILABLE NOW AS ONE
PACKAGE!
- Paid in the Private manual for private sector jobs and business start up
- Resource guide to Alternative Private Doctors, medical centers and other private health specialists
- Privacy guide teaching revealing private sector resources like anonymous phones, debit cards, phone
numbers, email accounts, internet service and more.
- Abandoned land/property acquisition guide teaching you how to find, obtain and hold houses, land,
buildings etc.
- Free Travel guide, clergy plates and documents for you and your car.
You get more with this package, presented is a PARTIAL list. Contact Michael Machette VanHelsing for
more info and assistance.
www.machettevanhelsing.com
!!!WARNING!!! IF YOU SKIP ANY OF THE STEPS OR ATTEMPT TO OPERATE PRIVATELY WITHOUT COVER
ING ALL THESE BASES YOU ARE RISKING THE LOSS OF YOUR FREEDOM AND PRIVACY. IT IS ALSO CRU
CIAL THAT YOU ARE CONSULTED AND GUIDED THROUGH THIS PROCESS. IT CANNOT BE MENTIONED O
R STRESSED ENOUGH HOW IMPORTANT THAT IS.
THE EMPIRE
The Cestui Que Vie Act 1666 goes back the real root of the problem
stemming from 1302 with the signing of the Papal Bull Unam Sanctam
by Pope Boneface VIII. Also look up the Papal Bull Aeterni Regis by
Pope Sixtus IV in 1481. The Vatican controls all the land on Earth and
its most important land of all is your will which is your body and thu
s they control your testament being a product of your will. When you
are registered a security is placed into the Bank of England of around
£1.5 million maybe more today since thats a figure of around three ye
ars ago. This is then traded daily with Worldwide banks in a second e
conomy you are not privy too. This secret system is very closely conn
ected with the Universal Postal Union in Bern, Switzerland which is ju
st one corner away from the powerful Papal Nuncio, Archbishop Diego
Causero at the Vatican Embassy.
The UPU operates under the authority of treaties with every country i
n the world. It is, as it were, the overlord or overseer over the comm
on interaction of all countries in international commerce. Every nation
has a postal system, and also has reciprocal banking and commercial
relationships, whereby all are within and under the UPU. The UPU is t
he number one military (international admiralty is also military) contra
ct mover on the planet.
For this reason one should send all important legal and commercial do
cuments through the post office rather than private carriers, which are
mere firewalls. We want direct access to the authority—and correspo
nding availability of remedy and recourse, of the UPU. For instance, if
you post through the US Post Office and the US Postmaster does not
provide you with the remedy, you request within twenty-one (21) days,
you can take the matter to the UPU.
Involving the authority of the UPU is automatically invoked by the use
of postage stamps. Utilization of stamps includes putting stamps on a
ny documents (for clout purposes, not mailing) we wish to introduce i
nto the system. As long as you use a stamp (of any kind) you are in t
he game. If you have time, resources, and the luxury of dealing with s
omething well before expiration of a given time frame, you can use st
amps that you consider ideal.
The most preferable stamps are ones that are both large and contain
the most colors. In an emergency situation, or simply if economy is a
consideration, any stamp will do. Using a postage stamp and autograp
h on it makes you the postmaster for that contract.
Whenever you put a stamp on a document, inscribe your full name ove
r the stamp at an angle. The color ink you use for this is a function o
f what color will show up best against the colors in the stamp. Ideal
colors for doing this are purple (royalty), blue (origin of the bond), and
gold (king’s edict). Avoid red at all cost. Obviously, if you have a dar
k, multi-colored stamp you do not want to use purple or blue ink, sinc
e your autograph on it would not stand out as well if you used lighter
color ink. Ideally one could decide on the best color for his autograp
h and then obtain stamps that best suit one’s criteria and taste. Altho
ugh a dollar stamp is best, it is a luxury unless one is well off financi
ally. Otherwise, reserve the use of dollar stamps for crucial instrument
s, such as travel documents. The rationale for using two-cent stamps i
s that in the 19th Century the official postage rate for the de jure Pos
t Office of the United States of America was fixed at two (2) cents. F
or stamps to carry on one’s person for any kind of unexpected encoun
ter or emergency use, this denomination might be ideal.
The countries whose stamps would be most effective to use are China
, Japan, United States, and Great Britain. Utilizing these countries cov
ers both East and West. However, since the US seems to be the point
man in implementing the New World Order, one might most advisably
use US stamps.
If you put stamps on documents you submit into court, put a stamp o
n the back of each page, at the bottom right hand corner. Do not plac
e any stamps on the front of court paperwork since doing so alarms t
he clerk. By placing your autographed stamp on the reverse right hand
corner you prevent being damaged by one of the tricks of judges the
se days. A judge might have your paperwork on his bench, but turned
over so only the back side, which is ordinarily blank on every page, is
visible. Then if you ask about your paperwork he might say somethin
g like, “Yes, I have your paperwork in front of me but I don’t find anyt
hing.” He can’t see anything on the blank side of a page. If you place
an autographed stamp on the lower right hand corner, you foreclose a
judge from engaging in this trick.
Also, in any court document you put in, handwrite your EIN number
[the SS# without dashes] in gold on the top right corner of every page
, with the autographed stamp on the back side.
Use of a notary combined with the postage stamp (and sometime Emb
assy stamps) gives you a priority mechanism. Everything is commerce,
and all commerce is contract. The master of the contract is the post
office, and the UPU is the supreme overlord of the commerce, bankin
g, and postal systems of the world. Use of these stamps in this mann
er gets the attention of those in the system to whom you provide you
r paperwork. It makes you the master of that post office.
Use of the stamp is especially important when dealing with the major
players, such as the FBI, CIA, Secret Service, Treasury, etc. They und
erstand the significance of what you are doing. Many times they hand
documents back to someone using this approach and say, “Have a goo
d day, sir.” They don’t want any untoward repercussions coming back
on them.
If anyone asks you why you are doing what you are doing, suggest th
at they consult their legal counsel for the significance. It is not your j
ob to explain the law, nor explain such things as your exemption or S
etoff Account. The system hangs us by our own words. We have to gi
ve them the evidence, information, contacts, and legal determinations
they require to convict us. The wise words of Calvin Coolidge, the mo
st taciturn president in US history, are apt. When asked why he spoke
so little, he replied, “I have never been hurt by anything I didn’t say.”
The bottom line is that whenever you need to sign any legal/commerci
al document, put a stamp (even a one (1) cent stamp) over where you
sign and then sign at an angle across it. Let the recipient deal with
the significance and consequences of your actions.
2. Stamp the original of the first page of every document with the AR
FV stamp, and put a postage stamp in the signature space, and autog
raph across it at an angle with your full name, using purple or blue in
k, handwritten with upper- and lower-case, and your gold-ink bullet sta
mp (seal) on the upper left-hand portion of the postage stamp;
Make a color copy of the stamped, autographed pages and/or scan int
o your computer as a color backup;
People who have engaged in this process report that when any knowl
edgeable judge, attorney, or official sees this, matters change dramati
cally. All of these personages know what mail fraud is. Since autograp
hing the stamp makes you the postmaster of the contract, anyone wh
o interferes is tampering with the mail and engaging in mail fraud. Yo
u can then subpoena the postmaster (either of the post office from w
hich the letter was mailed, or the US Postmaster General, or both), an
d have them explain what the rules are, under deposition or testimony
on the witness stand in open court.
With the red-metered postage you can trace each communication back
to the PO from which it was sent, so you can get the postmaster for
that PO, as well as the postmaster general for the US, to investigate
the mail fraud involved. It is reasonable to conclude that canceling a
stamp both registers the matter and forms a contract between the par
ty that cancels the stamp and the UPU. Using a stamp for postage wi
thout canceling it is prima facie evidence that the postmaster of the l
ocal PO is committing mail fraud by taking a customer’s money and n
ot providing the paid-for service and providing you with the power of a
cancelled stamp, as required under the provisions of the UPU.
Therefore, when you place an autographed stamp on a document you
place that document and the contract underlying it under international
law and treaty, with which the courts have no jurisdiction to deal. Th
e system cannot deal with the real living man, the living principle (as
evidenced and witnessed by jurat). Nor can officials, attorneys, judges,
et al., go against the UPU, international law, and treaty, it is beyond
their mere statutory jurisdiction. In addition, they have no authority/juri
sdiction to impair a contract between you (as the living principal) and
the UPU (overseer of all world commerce).
You cancelled the stamp by sealing it and autographing across it. You
did so in capacity of being the living principal of your estate, as ack
nowledged by your seal and the jurat on your documents.
Lastly, if you are charged with mail fraud, subpoena the prosecutor(s)
to bring in the evidence on which mail fraud is being alleged, as well
as the originals of all envelopes used for mailing any item connected
with the case. Then the mail fraud involved was committed by the po
stmaster of the PO in which the envelope was stamped.
You should also know that the Postal service can not discrim
inate against the non-use of the ZIP Code. See "Postal Reorg
anization Act", Section 403,(Public Law 91-375).
Yet it misses the point that all the legislative garbage is ONLY policy,
And, since "no law can compel performance" (maxim of Law and nat
ural reasoning) and all policies are UNDER the Law and not above it,
then ZIP codes and CAPS are:
a) enslavement (forcing a man to obey commercial/war conditions), an
d
b) theft, as one has to possess title of ownership over 'my given nam
e' in order to corrupt or modify it without my EXPLICITLY written con
sent into some adhesion contract with some ‘fiction’ liar calling himsel
f part of an alphabet soup.
PeacefulInhabitant
... In addition, this is printed in place of the statutes and
codes, put in place right below the, "FIRST CLASS MAIL
non-domestic," stamp.Once again, do not forget to spell o
ut everything, especially the name of the Republic/State.
Do not use THEIR two-letter abbreviation/insignia which s
ymbolized a TERRITORY of the UNITED STATES, if you pr
efer to be "recognized" as being able to, "walk on water.
"
Here is an example of a package that I sent to a friend.
Enclosed were 6 DVD's. The normal royalty-fee through t
he UNITED STATES POSTAL SERVICE was just south of $
4.00. However, take a close look at the number of 3-cen
t stamps and the fact that they are all canceled. (15-cen
ts instead of $3.94)
By the way... did you know that when you receive mail a
nd it does not have a canceled stamp on it, that whoeve
r just sent it has committed mail fraud? There is great p
ower in a canceled stamp. As a matter of fact when you
cancel a stamp by putting your seal over it and then wr
iting your name across it diagonally, you are proclaiming
that you are the Post Master of that piece of Post.
_________________
OVERVIEW
After completing this process you will be able to double seal a document or do
cument package for post (mailing) to a respondent. The reason we double seal
a presentment is to ensure that it reaches the hands of the proper respondent.
We do not want the first person that opens the envelope be able to view the
contents, we only want the true respondent to receive what is inside.
REQUIRED ITEMS
1. Name and Address of Respondent - We always want send to a living sou
l in care of their fiction title and name whenever possible. If you are unable to
obtain a name, you may want to look up the company online and send to their
CEO or CFO, someone at the top. If you are still unable to find a name you ma
y want to send it to: "the living souls at ABC Corporation, jointly, severally, all,
hereinafter trustees". Remove the quotes. This way everyone gets to join the
party and becomes liable as a trustee to you, the beneficiary. Are we having fu
n yet?
2. 10"x15" legal size envelopes - Most of the documents we send are of leg
al size - 8.5" x 14". We suggest acquiring a box of 10" x 15" envelopes at your
local office supply store. A box generally runs in the price range of $20.
3. Your Personal Labels - We will be using your label with no value on the in
ner envelope. You can read more about labels here.
5. Brown tape - For sealing the envelopes. This can also be purchased at you
r local office supply store.
2. Fold the inner envelope (10" x 15") to the size of the paper - We fold
the inner envelope to the size of your documents. This way we get an envelop
e that is close to 8.5" x 14" which fits nicely into the outer envelope which is
10" x 15".
b. Two Witnesses - Have two witnesses watch you place and seal your
presentment into the inner envelope. Seal the envelope with brown tape
in front of the two witnesses.
EXAMPLES
1. The Envelope Examples pack can be downloaded here so you can see what
each envelope looks like.
REFERENCES
UPU Law on Creating Your Own Stamps (RL 113 - 115) - http://www.upu.int/n
c/en/activities/letter-post/letter-post-manual.html
OPENED BY MISTAKE
Notice
Notice to Respondeat Inferior is Notice to Respondeat
Superior
Notice to Respondeat Superior is Notice to Respondeat
Inferior
The 'heir', to have the highest equitable claim, must first be in right relationshi
p with man's Creator which begins with a reformation into a spiritually discerni
ng consciouness...
THEN from such foundation, man can create 'trust' with his fellow men to use
the fruits of his inheritance from Creator to further the Father’s Kingdom, thru t
he Way shown us by the King of kings here on Earth as it is in Heaven.
Dec of Status - aka Certification of Private Trust; Binding Fee schedule - aka s
ecuring one's fruit of the body and securing your borders over the 'living templ
e' (your body)
DBA/Trade Name Certification - aka notice to the world of who the Principal/tru
stee is of the PRIVATE BUSINESS TRUST, and its agent/grantee/heir/subrogee,
COURTS/TEMPLES/BANKS
(See book 'the Devils Handbook' wherein it is revealed that attorneys and magi
strates are literally called 'devils' and 'devil masters' behind closed doors.)
Romans 13: 3 For Magistrates are not to be feared for good works, but for evil.
Wilt thou then be without fear of the power? do well: so shalt thou have prais
e of the same. 4 For he is the minister of God for thy wealth: but if thou do evi
l, fear: for he beareth not the sword for nought: for he is the minister of God to
take vengeance on him that doeth evil.
"chief legal officer of a city," early 15c., from Anglo-French recordour (early 14
c.), Old French recordeor "witness; storyteller; minstrel," from Medieval Latin re
cordator, from Latin recordari "remember" (see record (v.)).
late Middle English (denoting a kind of judge): from Anglo-Norman French recor
dour, from Old French recorder ‘bring to remembrance’; Every county/parish/etc.
has one.
Biblical usage- In historic times, the recorder was the chancellor or vizier of th
e kingdom. He brought all weighty matters under the notice of the king, such
as complaints, petitions, and wishes of subjects or foreigners. (Chancery is als
o an Embassy) He also drew up papers for the king's guidance, and prepared d
rafts of the royal will for the scribes. All treaties came under his oversight; an
d he had the care of the national archives or records, to which, as royal histori
ographer, he added the current annals of the kingdom.[6]
chancellor (n.)
early 12c., from Old French chancelier (12c.), from Late Latin cancellarius "kee
per of the barrier, secretary, usher of a law court," so called because he work
ed behind a lattice (Latin cancellus) at a basilica or law court (see chancel). In
the Roman Empire, a sort of court usher; the post gradually gained importance
in the Western kingdoms. A variant form, canceler, existed in Old English, fro
m Old North French, but was replaced by this central French form.
late Old English, from Old French cancelier, from late Latin cancellarius ‘port
er, secretary’ (originally a court official stationed at the grating separating pub
lic from judges), from cancelli ‘crossbars.’
cancel (v.) late 14c., "cross out with lines," from Anglo-French canceler, from
Latin cancellare "to make resemble a lattice," which in Late Latin took on a se
nse "cross out something written" by marking it with crossed lines, from cance
lli, plural of cancellus "lattice, grating," diminutive of cancer "crossed bars, latt
ice," a variant of carcer "prison" (see incarceration). Figurative use, "to nullify
an obligation" is from mid-15c. Related: Canceled (also cancelled); cancelling.
Chancellors were ministers for the Exchequer aka Treasury. (Hell (Black’s)- The
name formerly given to a place under the exchequer chamber, where the king'
s debtors were confined. Clerk of the Treasury was also known as the Clerk of
Hell. "exchequer" has come to mean the Treasury and, colloquially, pecuniary
possessions in general; as in "the company's exchequer is low".
If "Hell" is a debtors prison under the Exchequer's Chambers, then the Excheq
uer/Chancellor/Cancelor is the one overseeing those who are in hell. When one
repents, one is released from hell, all debts are forgiven, etc.
is :
2) Insanity and Guardianship (was king’s prerogative to look after them through
doctrine of Parens Patriae)
late Middle English (denoting a kind of judge): from Anglo-Norman French recor
dour, from Old French recorder ‘bring to remembrance’;
Biblical usage- In historic times, the recorder was the chancellor or vizier of th
e kingdom.
chancellor (n.)
early 12c., from Old French chancelier (12c.), from Late Latin cancellarius "kee
per of the barrier, secretary, usher of a law court," so called because he work
ed behind a lattice (Latin cancellus) at a basilica or law court (see chancel). In
the Roman Empire, a sort of court usher; the post gradually gained importance
in the Western kingdoms. A variant form, canceler, existed in Old English, fro
m Old North French, but was replaced by this central French form.
Chancery is also an Embassy. He also drew up papers for the king's guidance,
and prepared drafts of the royal will for the scribes. All treaties came under hi
s oversight; and he had the care of the national archives or records, to which,
as royal historiographer, he added the current annals of the kingdom.[6]
He brought all weighty matters under the notice of the king, (Jim, "If you wan
t something done, go see the king...") such as complaints, petitions, and wishe
s of subjects or foreigners.
Chancery is also an Embassy. He also drew up papers for the king's guidance,
and prepared drafts of the royal will for the scribes. All treaties came under hi
s oversight; and he had the care of the national archives or records, to which,
as royal historiographer, he added the current annals of the kingdom.[6]
chancellor (n.)
early 12c., from Old French chancelier (12c.), from Late Latin cancellarius "kee
per of the barrier, secretary, usher of a law court," so called because he work
ed behind a lattice (Latin cancellus) at a basilica or law court (see chancel). In
the Roman Empire, a sort of court usher; the post gradually gained importance
in the Western kingdoms. A variant form, canceler, existed in Old English, fro
m Old North French, but was replaced by this central French form.
late Old English, from Old French cancelier, from late Latin cancellarius ‘por
ter, secretary’ (originally a court official stationed at the grating separating pu
blic from judges), from cancelli ‘crossbars.’
cancel (v.) late 14c., "cross out with lines," from Anglo-French canceler, from
Latin cancellare "to make resemble a lattice," which in Late Latin took on a se
nse "cross out something written" by marking it with crossed lines, from cance
lli, plural of cancellus "lattice, grating," diminutive of cancer "crossed bars, latt
ice," a variant of carcer "prison" (see incarceration). Figurative use, "to nullify
an obligation" is from mid-15c. Related: Canceled (also cancelled); cancelling.
Chancellors were ministers for the Exchequer aka Treasury. (Hell (Black’s)- The
name formerly given to a place under the exchequer chamber, where the king'
s debtors were confined. Clerk of the Treasury was also known as the Clerk of
Hell. "exchequer" has come to mean the Treasury and, colloquially, pecuniary
possessions in general; as in "the company's exchequer is low".
Court of Chancery was a court of Equity. Jurisdiction- 1)Trusts and administrati
on of estates 2)Insanity and Guardianship (was king’s prerogative to look after
them through doctrine of Parens Patriae) 3)Charities *Remedies-
The Court of Chancery could grant three possible remedies – specific performa
nce, injunctions and damages. The remedy of specific performance is, in contra
ctual matters, an order by the court which requires the party in breach of cont
ract to perform his obligations.[92] The validity of the contract as a whole was
not normally considered, only whether there was adequate consideration and i
f expecting the party that breached the contract to carry out his obligations w
as viable.[93] Injunctions, on the other hand, are remedies which prevent a par
ty from doing something (unlike specific performance, which requires them to d
o something).[94] Until the Common Law Procedure Act 1854, the Court of Cha
ncery was the only body qualified to grant injunctions and specific performanc
e.[95]
Damages is money claimed in compensation for some failure by the other party
to a case.[96] It is commonly believed that the Court of Chancery could not gr
ant damages until the Chancery Amendment Act 1858, which gave it that right,
but in some special cases it had been able to provide damages for over 600 y
ears. The idea of damages was first conceived in English law during the 13th c
entury, when the Statutes of Merton and Gloucester provided for damages in c
ertain circumstances. Despite what is normally assumed by academics, it was
not just the common law courts that could grant damages under these statute
s; the Exchequer of Pleas and Court of Chancery both had the right to do so. I
n Cardinal Beaufort's case in 1453, for example, it is stated that "I shall have
a subpoena against my feoffee and recover damages for the value of the land".
[97] A statute passed during the reign of Richard II specifically gave the Chanc
ery the right to award damages, stating: For as much as People be compelled t
o come before the King's Council, or in the Chancery by Writs grounded upon u
ntrue Suggestions; that the Chancellor for the Time being, presently after that
such Suggestions be duly found and proved untrue, shall have Power to ordain
and award Damages according to his Discretion, to him which is so troubled u
nduly, as afore is said.[98]
This did not extend to every case, but merely to those which had been dismiss
ed because one party's "suggestions [are] proved untrue", and was normally a
warded to pay for the innocent party's costs in responding to the party that ha
d lied. Lord Hardwicke, however, claimed that the Chancery's jurisdiction to aw
ard damages was not derived "from any authority, but from conscience", and r
ather than being statutory was instead due to the Lord Chancellor's inherent a
uthority. As a result, General Orders were regularly issued awarding the innoce
nt party additional costs, such as the cost of a solicitor on top of the costs of
responding to the other party's false statements.[98]
The Court became more cautious about awarding damages during the 16th and
17th centuries; Lord Chancellors and legal writers considered it a common la
w remedy, and judges would normally only award damages where no other rem
edy was appropriate. Damages were sometimes given as an ancillary remedy, s
uch as in Browne v Dom Bridges in 1588, where the defendant had disposed of
waste inside the plaintiffs woods. As well as an injunction to prevent the defe
ndant dumping waste in the woods, damages were also awarded to pay for the
harm to the woods."[99] This convention (that damages could only be awarded
as an ancillary remedy, or where no others were available) remained the caus
e until the 18th and early 19th centuries, when the attitude of the Court towar
ds awarding damages became more liberal; in Lannoy v Werry, for example, it
was held that where there was sufficient evidence of harm, the Court could aw
ard damages in addition to specific performance and other remedies.[100] This
changed with Todd v Gee in 1810, where Lord Eldon held that "except in very
special cases, it was not the course of proceeding in Equity to file a Bill for sp
ecific performance of an agreement; praying in the alternative, if it cannot be p
erformed, an issue, or an inquiry before the Master, with a view to damages. T
he plaintiff must take that remedy, if he chooses it, at Law." This was followed
by Hatch v Cobb, in which Chancellor Kent held that "though equity, in very s
pecial cases, may possibly sustain a bill for damages, on a breach of contract,
it is clearly not the ordinary jurisdiction of the court".[101]
The Court's right to give damages was reiterated in Phelps v Prothero in 1855,
where the Court of Appeal in Chancery held that if a plaintiff starts an action i
n a court of equity for specific performance and damages are also appropriate,
the court of equity may choose to award damages.[102] This authorisation was
limited to certain circumstances, and was again not regularly used. Eventually,
the Chancery Amendment Act 1858 gave the Court full jurisdiction to award d
amages; the situation before that was so limited that lawyers at the time com
mented as if the Court had not previously been able to do so.[103]
ELECTION n.
1. The exercise of a choice; esp., the act of choosing from several possible rig
hts or remedies in a way that precludes the use of other rights or remedies. S
ee ELECTION OF REMEDIES.
liability for the testator's debts. “These heirs came also to be protected by the
praetor, viz. by the jus or beneficium abstinendi. Provided they took care not to
act as heir in any kind of way, then, whether they formally demanded the privi
lege or not, their own property could not be made liable for their ancestor's de
bts.”
COURT.
INTERNATIONAL LAW
The person and suite of the sovereign; the place where the sovereign sojo
urns with his regal retinue, wherever that may be.
....
CLASSIFICATION
Courts may be classified and divided according to several methods, the foll
owing being the more usual:
COURTS OF RECORD and COURTS NOT OF RECORD. The former being tho
se whose acts and judicial proceedings are enrolled, or recorded, for a perpetu
al memory and testimony, and which have power to fine or imprison for conte
mpt. Error lies to their judgments, and they generally possess a seal. Courts
not of record are those of inferior dignity, which have no power to fine or impri
son, and in which the proceedings are not enrolled or recorded. 3 Bl. Comm. 2
4; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte This
tleton, 52 Cal 225; Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v.
Davis, 96 Ohio St. 205, 117 N.E. 229, 231.
Courts of Record.--Courts are divided generally into courts of record and those
that are not of record. A court of record is a judidical tribunal having attribute
s and exercising functions independently of the person designated generally to
hold it, and proceeding according to the course of the common law.4 In a cou
rt of record the acts and judicial proceedings are enrolled, whereas, in courts
not of record, the proceedings are not enrolled. The
privilege of having these enrolled memorials constitutes the great leading disti
nction between courts of record and courts not of record.5
5. Hahn v. Kelly, 34 Cal. 391, 94 Am. Dec. 742, per Sawyer, J., concurring. Se
e infra, §§ 26-28, as to records.
Under the constitutional revision of 1863, the district, county and probate court
s were also courts of record. Caulfield v. stevens, 28 Cal. 118.
----------------------------------------------------------------
MAGISTRATE
magistrate).
criminal, jurisdiction.
-----------------------------------------------------------------
MAGISTRATE
-----------------------------------------------------------------
MAGISTRATE
Person clothed with power as a public civil officer. State ex rel. Miller v.
McLeod, 142 Fla. 254, 194 So. 628, 630.
....
The word "magistrate" does not necessarily imply an officer exercising any
judicial functions, and might very well be held to embrace notaries and commi
ssioners of deeds. Schultz v.
-----------------------------------------------------------------
7. Words and phrases....The following words have in this code the signific
ation attached to them in this section, unless otherwise apparent from the con
text:....
-----------------------------------------------------------------
SUIT
Modern Law
-----------------------------------------------------------------
The whole body of judges who compose a jurisdiction; a judicial court; the juri
sdiction which the judges exercise. See Foster v. Worcester, 16 Pick. (Mass.)
81.
-----------------------------------------------------------------
TRIBUNE
-----------------------------------------------------------------
COURT
governing power
-----------------------------------------------------------------
RECORD
The proceedings of the courts of common law are records. But every minute m
ade by a clerk of a court for his own future guidance in making up his record i
s not a record. 4 Wash. C.C. 698. See 10 Penn. St. 157; 2 Pick. Mass. 448; 4 N.
II. 450; 6 id. 567; 5 Ohio St. 545; 3 Wend. N.Y. 267; 2 Vt. 573; 6 id. 580; 5 Day,
Conn. 363; 3 T. B. Monr. Ky. 63.
"The Common-Law Record consists of the Process, the Pleadings, the Verdict a
nd the Judgment. After Judgment, such Errors were Reviewable by Writ of Erro
r. Errors which occurred at the Trial were not part of the Common-Law Record,
and could be Reviewed by a Motion for a New Trial, after Verdict and before J
udgment; by Statute, such Errors could be Reviewed after judgment by incorpor
ating them into the Record by means of a Bill of Exceptions. It was therefore e
ssential to keep clearly in mind the distinction between Matter of Record and
Matter of Exception.
"UNDER the ancient practice, the Proceedings in a litigated case were Entered
upon the Parchment Roll, and when this was completed, the end product beca
me known as the Common-Law Record. It consisted of Four Parts, the Process,
which included the Original Writ and the Return of the Sheriff, by which the C
ourt acquired Jurisdiction over the defendant; the Pleadings, presented by the
Parties in the prescribed order to develop an Issue of Law or of Fact, and whic
h included the Declaration and all subsequent Pleadings, together with the De
murrers, if any; the Verdict; and the Judgment.
These Four Elements formed the Common-Law Record, but it should be observe
d that at the point where the Retrospective Motions come into play, the Recor
d has not been developed beyond the Stage of Entering the Verdict upon the R
oll. At this point it should also be recalled that between the time when the Ple
adings Terminated in an Issue, which Joinder in Issue was duly Recorded on th
e Parchment Roll, and the time when an Entry of the Verdict was made, nothin
g was Recorded on the Parchment Roll.
The reason for this was that between the Joinder of Issue and the Rendition of
the Verdict, the Trial takes place, and what occurs during this Trial does not
Appear upon the Face of the Common-Law Record. Thus, Offers and Rejection
of Evidence, the Court’s Instruction of the Jury, or its Refusal to Instruct as re
quested by Counsel, or any Misconduct Connected with the Trial, such as Preju
dicial Remarks on the Part of the Court, and the like—that is—any Error that o
ccurs at the Trial—cannot be corrected by resort to the Common-Law Record b
ecause not Apparent Upon its Face. Such Errors were preserved only in the not
es made by the Presiding Judge, or in his memory, and were reviewable, after
Verdict and before Final Judgment, by a Motion for New Trial made before the
Court En Banc at Westminster, within four days after the Commencement of th
e Next Term following the Rendition of the Verdict. As each of the Judges of t
he Court had Motions of a similar character coming up for decision from the Tr
ials over which they had presided, the natural inclination of each Judge was to
support the Rulings of his brother Jurists, and thus Overrule the Motion for a
New Trial.
Furthermore, Errors that occurred at the Trial were not Reviewable after Judg
ment on Writ of Error, because Not Apparent on any one of the Four Parts of t
he Common-Law Record. To remedy this Defect, Parliament enacted Chapter 3
1 of the Statute of Westminster II in 1285,6 which provided for Review of such
Errors through the use of what came to be known as a Bill of Exceptions.
"Thus, it appears that in four out of five Retrospective Motions, the Court is pe
rmitted to consider only Defects Apparent Upon the Face of Part of the Commo
n-Law Record—the Process, the Pleadings, and the Verdict—and Errors Occurri
ng at the Trial were regarded as extraneous and not to be considered in rende
ring Judgment upon the Motions. Matters extraneous to or outside of the Recor
d could be tested after Verdict and before Judgment only by a Motion for a Ne
w Trial.
A distinction is made between Matter of Record and Matter of Exception, Matt
er of Record referring to those Errors Apparent upon the Face of the Common-L
aw Record and hence Reviewable after Final Judgment upon a Writ of Error, an
d Matter of Exception referring to those Errors which Occurred at the Trial, an
d were Not Apparent on the Face of the Common-Law Record, hence Reviewab
le after Final Judgment only by incorporating such Errors into the Record by m
eans of a Bill of Exceptions, as authorized by Chapter 31 of the Statute of Wes
tminster II in 1285."
Proceedings in courts of chancery are said not to be, strictly speaking, records;
but they are so considered. Gresley, Ev. 101. And see 8 Mart. La. N. S. 303; 1
Rawle, Penn. 381; 8 Yorg. Tenn. 142; 1 Pet. C. C. 352.
MINUTE
Toulier says they are so called because the writing in which they were original
ly was small; that the word is derived from the Latin minuta (scriptura), in opp
osition to copies which were delivered to the parties, and which were always
written in a larger hand. 8 Toullier, n. 413.
Minutes are not considered as any part of the record. 1 Ohio, 268. See 23 Pick.
Mass. 184.
MINUTE BOOK
BOOK 3, CHAPTER 27
BEFORE we enter on the proposed subject of the ensuing chapter, viz., the nat
ure and method of proceedings in the courts of equity, it will be proper to reco
llect the observations, which were made in the beginning of this book1on the p
rincipal tribunals of that kind, acknowledged by the constitution of England; an
d to premise a few remarks upon those particular causes, wherein any of them
claims and exercises a sole jurisdiction, distinct from and exclusive of the oth
er.
I HAVE already attempted to trace (though every concisely) the history, rise, a
nd progress, of the extraordinary court, or court of equity, in chancery. The sa
me jurisdiction is exercised, and the same system of redress pursued, in the e
quity court of the exchequer: with a distinction however as to some few matte
rs, peculiar to each tribunal, and in which the other cannot interfere. And, first,
of those peculiar to the chancery.
1. UPON the abolition of the court of wards, the care, which the crown was bo
und to take as guardian of its infant tenants, was totally extinguished in every
feudal view; but resulted to the king in his court of chancery, together with th
e general protection of all other infants in the kingdom. When therefore a fathe
rless child has no other guardian, the court of chancery has a right to appoint
one: and, from all proceedings relative thereto, an appeal lies to the house of l
ords. The court of exchequer can only appoint a guardian ad litem, to manage t
he defense of the infant if a suit be commenced against him; a power which is
incident to the jurisdiction of every court of justice: but when the interest of a
minor comes before the court judicially, in the progress of a cause, or upon a
bill for that purpose filed, either tribunal indiscriminately will take care of the
property of the infant.
2. AS to idiots and lunatics: the king himself used formerly to commit the cust
ody of them to proper committees, in every particular case; but now, to avoid
solicitations and the very shadow of undue partiality, a warrant is issued by th
e king5 under his royal sign manual to the chancellor or keeper of his seal, to
perform this office for him: and, if he acts improperly in granting such custodie
s, the complaint must be made to the king himself in council.6 But the previous
proceedings on the commission, to inquire whether or on the party be an idiot
or a lunatic, are on the law-side of the court of chancery, and can only be red
ressed (if erroneous) by writ of error in the regular course of law.
3. THE king, as parens patriae [parent of the country], has the general superinte
ndence of all charities; which he exercises by the keeper of his conscience, th
e chancellor. And therefore, whenever it is necessary, the attorney general, at
the relation of some informant, (who is usually called the relator) files ex offici
o [officially] an information in the court of chancery to have the charity properl
y established. By statute also 43 Eliz. c. 4. authority is given to the lord chanc
ellor or lord keeper, and to the chancellor of the duchy of Lancaster, respectiv
ely, to grant commissions under their several seals, to inquire into any abuses
of charitable donations, and rectify the same by decree; which may be reviewe
d in the respective courts of the several chancellors, upon exceptions taken th
ereto. But, though this is done in the petty bag office in the court of chancery,
because the commission is there returned, it is not a proceeding at common la
w, but treated as an original cause in the court of equity. The evidence below
is not taken down in writing, and the respondent in his answer to the exceptio
ns may allege what new matter he pleases; upon which they go to proof, and e
xamine witnesses in writing upon all the matters in issue: and the court may d
ecree the respondent to pay all the costs, though no such authority is given by
the statute. And, as it is thus considered as an original cause throughout, an
appeal lies of course from the chancellor’s decree to the house of peers,7 notw
ithstanding any loose opinions to the contrary.8
ON the other hand, the jurisdiction of the court of chancery does not extend to
some causes, wherein relief may be had in the exchequer. No information can
be brought, in chancery, for such mistaken charities, as are given to the king b
y the statutes for suppressing superstitious uses. Nor can chancery give any re
lief against the king, or direct any act to be done by him, or make any decree
disposing of or affecting his property; not even in cases where he is a royal tru
stee.9Such causes must be determined in the court of exchequer, as a court of
revenue; which alone has power over the king’s treasure, and the officers emp
loyed in its management: unless where it properly belongs to the duchy court o
f Lancaster, which has also a similar jurisdiction as a court of revenue; and lik
e the other, consists of both a court of law and a court of equity.
IN all other matters, what is said of the court of equity in chancery will be equ
ally applicable to the other courts of equity. Whatever difference there may be
in the forms of practice, it arises from the different constitution of their officer
s: or, if they differ in any thing more essential, one of them must certainly be
wrong; for truth and justice are always uniform, and ought equally to be adopte
d by them all.
LET us next take a brief, but comprehensive, view of the general nature of equ
ity, as now understood and practiced in our several courts of judicature. I have
formerly touched upon it,10 but imperfectly: it deserves a more complete expli
cation. Yet, as nothing is hitherto extant, that can give a stranger a tolerable i
dea of the courts of equity subsisting in England, as distinguished from the cou
rts of law, the compiler of these observations cannot but attempt it with diffid
ence: they, who know them best, are too much employed to find time to write;
and they, who have attended but little in those courts, must be often at a loss
for materials.
EQUITY then, in its true and genuine meaning, is the soul and spirit of all law:
positive law is construed, and rational law is made, by it. In this, equity is syn
onymous to justice; in that, to the true sense and sound interpretation of the r
ule. But the very terms of a court of equity and a court of law, as contrasted t
o each other, are apt to confound and mislead us: as if the one judged without
equity, and the other was not bound by any law. Whereas every definition or il
lustration to be met with, which now draws a line between the two jurisdiction
s, by setting law and equity in opposition to each other, will be found either to
tally erroneous, or erroneous to certain degree.
12 yet a court of equity had no power to interpose. Hard is the common law st
ill subsisting, that land devised, or descending to the heir, shall not be liable t
o simple contract debts of the ancestor or devisor,13 although the money was l
aid out in purchasing the very land; and that the father shall never immediately
succeed as heir to the to the real estate of the real estate of the son;14 but a
court of equity can give no relief; though in both these instances the artificial
reason of the law, arising from feudal principles, has long ago entirely ceased.
The like may be observed of the descent of lands to remote relation of the wh
ole blood, or even their escheat to the lord, in preference to the owner’s half-b
rother;15 and of the total stop to all justice, by causing the parol to demur,16 w
henever an infant is sued as heir or is party to a real action. In all such cases
of positive law, the courts of equity, as well as the courts of law, must say wit
h Ulpian,17 “hoc quidem perquam durum est, sed ita lex scripta est.” [“This inde
ed is very hard, but such is the written law.”]
3. AGAIN, it has been said,20 that fraud, accident, and trust are the proper and
peculiar objects of a court of equity. But every kind of fraud is equally cogniz
able, and equally adverted to, in a court of law: and some frauds are only cogn
izable there, as fraud in obtaining a devise of lands, which is always sent out
of the equity courts to be there determined. Many accidents are also supplied i
n a court of law; as loss of deeds, mistakes in receipts or accounts, wrong pay
ments, deaths which make it impossible to perform a condition literally, and a
multitude of other contingencies: and many cannot be relieved even in a court
of equity; as, if by accident a recovery is ill suffered, a devise ill executed, a c
ontingent remainder destroyed, or a power of leasing omitted in a family settle
ment. A technical trust indeed, created by the limitation of a second use, was
forced into a court of equity, in the manner formerly mentioned:21 and this spe
cies of trusts, extended by inference and construction, have ever since remain
ed as a kind of peculium[peculiarity] in those courts. But there are other trusts,
which are cognizable in a court of law: as deposits, and all manner of bailmen
ts; and especially that implied contract, so highly beneficial and useful, of havi
ng undertaken to account for money received to another’s use,22 which is the
ground of an action on the case almost as universally remedial as a bill in equi
ty.
4. ONCE more; it has been said that a court of equity is not bound by rules or
precedents, but acts from the opinion of the judge,23 founded on the circumsta
nces of every particular case. Whereas the system of our courts of equity is a
labored connected system, governed by established rules, and bound down by
precedents, from which they do not depart, although the reason of some of the
m may perhaps be liable to objection. Thus, the refusing a wife her dower in a
trust-estate,24 yet allowing the husband his curtesy: the holding the penalty of
a bond to be merely a security for the debt and interest, yet considering it so
metimes as the debt itself, so that the interest shall not exceed that penalty:2
5 the distinguishing between a mortgage at five per cent, with a clause of redu
ction to four, if the interest be regularly paid, and a mortgage at four per cent,
with a clause of enlargement to five, if the payment of the interest be deferred;
so that the former shall be deemed a conscientious, the latter an unrighteous,
bargain:26 all these, and other cases that might be instanced, are plainly rules
of positive law; supported only by the reverence that is shown, and generally
very properly shown, to a series of former determinations; that the rule of prop
erty may be uniform and stead. Nay, sometimes a precedent is so strictly follo
wed, that a particular judgment, founded upon special circumstances,27 gives r
ise to a general rule.
IN short, if a court of equity in England did really act, as a very ingenious writ
er in the other part of the island supposes it (from theory) to do, it would rise
above all law, either common or statute, and be a most arbitrary legislator in e
very particular case. No wonder he is so often mistaken. Grotius, or Pufendorf,
or any other of the great masters of jurisprudence, would have been as little a
ble to discover, by their own light, the system of a court of equity in England,
as the system of a court of law. Especially, as the notions before-mentioned, of
the character, power, and practice of a court of equity, were formerly adopted
and propagated (though not with approbation of the thing) by our principal ant
iquarians and lawyers; Spelman, Coke, Lambard, and Selden, and even the great
Bacon himself. But this was in the infancy of our courts of equity, before their
jurisdiction was settled, and when the chancellors themselves, partly from thei
r ignorance of law (being frequently bishops or statesmen) partly from ambition
and lust of power (encouraged by the arbitrary principles of the age they lived
in) but principally from the narrow and unjust decisions of the courts of law, h
ad arrogated to themselves such unlimited authority, as has totally been discla
imed by their successors for now above a century past. The decrees of a court
of equity were then rather in the nature of awards, formed on the sudden pro r
e nata [for the occasion], with more probity of intention than knowledge of the
subject; founded on no settled principles, as being never designed, and therefo
re never used, for precedents. But the systems of jurisprudence, in our courts
both of law and equity, are now equally artificial systems, founded in the same
principles of justice and positive law; but varied by different usages in the for
ms and mode of their proceedings: the one being originally derived (though mu
ch reformed and improved) from the feudal customs, as they prevailed in differ
ent ages in the Saxon and Norman judicatures; the other (but with equal impro
vements) from the imperial and pontifical formularies, introduced by their cleric
al chancellors.
THE suggestion indeed of every bill, to give jurisdiction to the courts of equity,
(copied from those early times) is, that the complainant has no remedy at the
common law. But he, who should from thence conclude, that no case is judged
of in equity where there might have been relief at law, and at the same time
casts his eye on the extent and variety of the cases in our equity-reports, mus
t think the law a dead letter indeed. The rules of property, rules of evidence, a
nd rules of interpretation, in both courts, are, or should be, exactly the same:
both ought to adopt the best, or must cease to be courts of justice. Formerly s
ome causes, which now no longer exist, might occasion a different rule to be f
ollowed in one court, from what was afterwards adopted in the other, as found
ed in the nature and reason of the thing: but, the instant those causes ceased,
the measure of substantial justice ought to have been the same in both. Thus
the penalty of a bond, originally contrived to evade the absurdity of those mon
kish constitutions which prohibited taking interest for money, was therefore ve
ry pardonably considered as the real debt in the courts of law, when the debto
r neglected to perform his agreement for the return of the loan with interest: f
or the judges could not, as the law then stood, give judgment that the taking o
f interest became legal, as the necessary companion of commerce,33 nay after
the statute of 37 Hen. VIII. c. 9. had declared the debt or loan itself to be “the
just and true intent” for which the obligation was given, their narrow minded s
uccessors still adhered wilfully and technically to the letter of the ancient prec
edents, and refused to consider the payment of principal, interest, and costs, a
s a full satisfaction of the bond. At the same time more liberal men, who sat i
n the courts of equity, construed the instrument, according to its “just and true
intent,” as merely a security for the loan: in which light it was certainly under
stood by the parties, at least after these determinations; and therefore this co
nstruction should have been universally received. So in mortgages, being only
a landed as the other is a personal security for the money lent, the payment of
principal, interest, and costs ought at any time, before judgment executed, to
have saved the forfeiture in a court of law, as well as in a court of equity. And
the inconvenience as well as injustice, of putting different constructions in dif
ferent courts upon one and the same transaction, obliged the parliament at len
gth to interfere, and to direct by the statutes 4 & 5 Ann. c. 16. and 7 Geo. II.
c. 20. that, in the cases of bonds and mortgages, what had long been the prac
tice of the courts of equity should also for the future be followed in the courts
of law.
AGAIN; neither a court of equity nor of law can vary men’s wills or agreements,
or (in other words) make wills or agreements for them. Both are to understand
them truly, and therefore both of them uniformly. One court ought not to exte
nd, nor the other abridge, a lawful provision deliberately settled by the parties,
contrary to its just intent. A court of equity, no more than a court of law, can r
elieve against a penalty in the nature of stated damages; as a rent of 5£ an ac
re for plowing up ancient meadow:34 nor against a lapse of time, where the ti
me is material to the contract; as in covenants for renewal of leases. Both cou
rts will equitably construe, but neither pretends to control or change, a lawful
stipulation or engagement.
THE rules of decision are in both courts equally apposite to the subjects of wh
ich they take cognizance. Where the subject-matter is such as requires to be d
etermined secundum aequum et bonum [according to right and justice], as gene
rally upon actions on the case, the judgments of the courts of law are guided
by the most liberal equity. In mattes of positive right, both courts must submit
to and follow those ancient and invariable maxims “quae relicta sunt et tradita”
[“which are left and handed down to us”].35 Both follow the law of nations, an
d collect it from history and the most approved authors of all countries, where
the question is the subject of that law: as in case of the privileges of ambassa
dors,36 hostages, or ransom-bills.37 In mercantile transactions they follow the
marine law,38 and argue from the usages and authorities received in all mariti
me countries. Where they exercise a concurrent jurisdiction, they both follow t
he law of the proper forum:39 in matters originally of ecclesiastical cognizance,
they both equally adopt the canon or imperial law, according to the nature of
the subject;40 and, if a question came before either, which was properly the ob
ject of a foreign municipal law, they would both receive information what is th
e rule of the country,41 and would both decide accordingly.
SUCH then being the parity of law and reason which governs both species of c
ourts, wherein (it may be asked) does their essential difference consist? It prin
cipally consists in the different modes of administering justice in each; in the
mode of proof, the mode of trial, and the mode of relief. Upon these, and upon
two other accidental grounds of jurisdiction, which were formerly driven into th
ose courts by narrow decisions of the courts of law,viz. the true construction o
f securities for money lent, and the form and effect of a trust or second use; u
pon these main pillars has been gradually erected that structure of jurispruden
ce, which prevails in our court of equity, and is inwardly bottomed upon the sa
me substantial foundations as the legal system which has hitherto been deline
ated in these commentaries; however different they may appear in their outwar
d form, from the different taste of their architects.
1. AND, first, as to the mode of proof. When facts, or their leading circumstanc
es, rest only in the knowledge of the party, a court of equity applies itself to h
is conscience, and purges him upon oath with regard to the truth of the transa
ction; and, that being once discovered, the judgment is the same in equity as i
t would have been at law. But, for want of this discovery at law, the courts of
equity acquired a concurrent jurisdiction with every other court in all matters o
f account.42 As incident to accounts, they take a concurrent cognizance of the
administration of personal assets,43 consequently of debts, legacies, the distrib
ution of the residue, and the conduct of executors and administrators.44 As inc
ident to accounts, they also take the concurrent jurisdiction of tithes, and all q
uestions relating thereto;45 of all dealings in partnership,46 and many other mer
cantile transactions; and so of bailiffs, receivers, factors, and agents.47 It woul
d be endless to point out all the several avenues in human affairs, and in this
commercial age, which lead to or end in accounts.
FROM the same fruitful source, the compulsive discovery upon oath, the courts
of equity have acquired a jurisdiction over almost all matters of fraud;48 all m
atters in the private knowledge of the party, which, though concealed, are bind
ing in conscience; and all judgments at law, obtained through such fraud or co
ncealment. And this, not by impeaching or reversing the judgment itself, but by
prohibiting the plaintiff from taking any advantage of a judgment, obtained by
suppressing the truth;49and which, and the same facts appeared on the trial, a
s now are discovered, he would never have obtained at all.
3. WITH respect to the mode of relief. The want of a more specific remedy, tha
n can be obtained in the courts of law, gives a concurrent jurisdiction to a cou
rt of equity in a great variety of cases. To instance in executory agreements. A
court of equity will compel them to be carried into strict execution,50 unless
where it is improper or impossible, instead of giving damages for their non-perf
ormance. And hence a fiction is established, that what ought to be done shall
be considered as being actually done,51 and shall relate back to the time when
it ought to have been done originally: and this fiction is so closely pursued thr
ough all its consequences, that it necessarily branches out into many rules of j
urisprudence, which form a certain regular system. So, of waste, and other sim
ilar injuries, a court of equity takes a concurrent cognizance, in order to preve
nt them by injunction.52 Over questions that may be tried at law, in a great mu
ltiplicity of actions, a court of equity assumes a jurisdiction, to prevent the exp
ense and vexation of endless litigations and suits.
54 jurisdiction, not only for the sake of a discovery, but of a more extensive an
d specific relief: as by setting aside fraudulent deeds,
55 decreeing re-conveyances,
57 And thus, lastly, for the sake of a more beneficial and complete relief by de
creeing a sale of lands,58 a court of equity holds plea of all debts, encumbranc
es, and charges, that may affect it or issue thereout.
4. THE true construction of securities for money lent is another fountain of juri
sdiction in courts of equity. When they held the penalty of a bond to be the for
m, and that in substance it was only as a pledge to secure the repayment of t
he sum bona fideadvanced, with a proper compensation for the use, they laid t
he foundation of a regular series of determinations, which have settled the doc
trine of personal pledges or securities, and are equally applicable to mortgages
of real property. The mortgagor continues owner of the land, the mortgagee of
the money lent upon it: but this ownership is mutually transferred, and the mo
rtgagor is barred from redemption, if, when called upon by the mortgagee, he d
oes not redeem within a time limited by the court; or he may when out of poss
ession be barred by length of time, by analogy to the statute of limitations.
5. THE form of a trust or second use gives the courts of equity an exclusive ju
risdiction as to the subject-matter of all settlements and devises in that form,
and of all the long terms created in the present complicated mode of conveyan
cing. This is a very ample source of jurisdiction: but the trust is governed by v
ery nearly the same rules, as would govern the estate in a court of law, if no t
rustee was interposed; and, by a regular positive system established in the cou
rts of equity, the doctrine of trusts is now reduced to as great a certainty as t
hat of legal estates in the courts of the common law.
THESE are the principal (for I omit the minuter) grounds of the jurisdiction at p
resent exercised in our courts of equity: which differ, we see, very considerabl
y from the notions entertained by strangers, and even by those courts themsel
ves before they arrived to maturity; as appears from the principles laid down, a
nd the jealousies entertained of their abuse, by our early juridical writers cited
in a former page; and which have been implicitly received and handed down by
subsequent compilers, without attending to those gradual accessions and derel
ictions, by which in the course of a century this mighty river has imperceptibly
shifted its channel. Lambard in particular, in the reign of queen Elizabeth, lays
it down, that “equity should not be appealed unto, but only in rare and extraor
dinary matters: and that a good chancellor will not arrogate authority in every
complaint that shall be brought before him, upon whatsoever suggestion; and t
hereby both overthrow the authority of the courts of common law, and bring up
on men such a confusion and uncertainty, as hardly any man should know how
or how long to hold his own assured to him.” And certainly, if a court of equity
were still at sea, and floated upon the occasional opinion which the judge who
happened to preside might entertain of conscience in every particular case, th
e inconvenience, that would arise from this uncertainty, would be a worse evil
than any hardship that could follow from rules too strict and inflexible. Its pow
ers would have become too arbitrary to have been endured in a country like th
is, which boasts of being governed in all respects by law and not by will. But si
nce the time when Lambard wrote, a set of great and eminent lawyers, who ha
ve successively held the great seal, have by degrees erected the system or rel
ief administered by a court of equity into a regular science, which cannot be a
ttained without study and experience, any more than the science of law: but fr
om which, when understood, it may be known what remedy a suitor is entitled
to expect, and by what mode of suit, as readily and with as much precision, in
a court of equity as in a court of law.
IT were much to be wished, for the sake of certainty, peace, and justice, that
each court would as far as possible follow the other, in the best and most effe
ctual rules for attaining those desirable ends. It is a maxim, that equity follows
the law; and in former days the law has not scrupled to follow even that equit
y, which was laid down by the clerical chancellors. Every one, who is conversa
nt in our ancient books, knows that many valuable improvements in the state o
f our tenures (especially in leaseholds and copyholds) and the forms of adminis
tering justice, have arisen from this single reason, that the same thing was co
nstantly effected by means of a subpoena in the chancery. And sure there can
not be a greater solecism, than that in two sovereign independent courts, esta
blished in the same country, exercising concurrent jurisdiction, and over the sa
me subject-matter, there should exist in a single instance two different rules of
property, clashing with or contradicting each other.
THIS bill must call all necessary parties, however remotely concerned in intere
st, before the court; otherwise no decree can be made to bind them: and must
be signed by counsel, as a certificate of its decency and propriety. For it must
not contain matter either scandalous or impertinent: if it does, the defendant
may refuse to answer it, till such scandal or impertinence is expunged, which i
s done upon an order to refer it to one of the officers of the court, called a ma
ster in chancery; of whom there are in number twelve, including the master of
the rolls, all of whom, so late as the reign of queen Elizabeth, were commonly
doctors of the civil law. The master is to examine the propriety of the bill: and,
if the reports it scandalous or impertinent, such mater must be struck out, an
d the defendant shall have his costs; which ought of right to be paid by the co
unsel who signed the bill.
WHEN the bill is filed in the office of the six clerks, (who originally were all in
orders; and therefore, when the constitution of the court began to alter, a la
w was made to permit them to marry) when, I say, the bill is thus filed, if an in
junction be prayed therein, it may be had at various stages of the cause, accor
ding to the circumstances of the case. If the bill be to stay execution upon an
oppressive judgment, and the defendant does not put in his answer within the
stated time allowed by the rules of the court, an injunction can only be contin
ued upon a sufficient ground appearing from the answer itself. But if an injunct
ion be wanted to stay waste, or other injuries of an equally urgent nature, then
upon the filing of the bill, and a proper case supported by affidavits, the court
will grant an injunction immediately, to continue till the defendant has put in hi
s answer, and till the court shall make some farther order concerning it: and,
when the answer comes in, whether it shall then be dissolved or continued till
the hearing of the cause, is determined by the court upon argument, drawn fro
m considering the answer and affidavits together.
BUT, upon common bills, as soon as they are filed, process of subpoena is tak
en out; which is a writ commanding the defendant to appear and answer to be
bill, on pain of 100£. But this is not all: for, if the defendant, on service of the
subpoena, does not appear within the time limited by the rules of he court, an
d plead, demur, or answer to the bill, he is then said to be in contempt; and th
e respective processes of contempt are in successive order awarded against hi
m. The first of which is an attachment, which is a writ in the nature of acapia
s, directed to the sheriff, and commanding him to attach, or take up, the defen
dant, and bring him into court. If the sheriff returns that the defendant non est
inventus, then an attachment with proclamations issues; which, besides the or
dinary form of attachment, directs the sheriff that he cause public proclamatio
ns to be made, throughout the county, to summon the defendant, upon his alle
giance, personally to appear and answer. If this be also returned with anon est
inventus, and he still stands out in contempt, a commission of rebellion is aw
arded against him, for not obeying the proclamations according to his allegianc
e; and four commissioners therein named, or any of them, are ordered to attac
h him wheresoever he may be found in Great Britain, as a rebel and contemner
of the king’s laws and government, by refusing to attend his sovereign when t
hereunto required: since, as was before observed, matters of equity were origin
ally determined by the king in person, assisted by his council; though that busi
ness is now devolved upon his chancellor. If upon this commission of rebellion
a non est inventus is returned, the court then sends a sergeant at arms in ques
t of him; and, if he eludes the search of the sergeant also, then a sequestratio
n issues to seize all his personal estate, and the profits of his real, and to det
ain them, subject to the order of the court. Sequestrations were first introduce
d by Sir Nicholas Bacon, lord keeper in the reign of queen Elizabeth; before wh
ich the court found some difficulty in enforcing its process and decrees. After
an order for a sequestration issued, the plaintiff’s bill is to be takenpro confess
o [as acknowledged], and a decree to be made accordingly. So that the seques
tration does not seem to be in the nature of process to bring in the defendant,
but only intended to enforce the performance of the decree. Thus much if the
defendant absconds.
THE ordinary process before-mentioned cannot be sued out, till after service of
the subpoena, for then the contempt begins; otherwise he is not presumed to
have notice of the bill: and therefore, by absconding to avoid the subpoena, a
defendant might have eluded justice, till the statute 5 Geo. II. c. 25. which ena
cts that, where the defendant cannot be found to be served with process of su
bpoena, and absconds (as is believed) to avoid being served therewith, a day s
hall be appointed him to appear to the bill of the plaintiff; which is to be insert
ed in the London gazette, read in the parish church where the defendant last li
ved, and fixed up at the royal exchange: and if the defendant does not appear
upon that day, the bill shall be takenpro confesso.
BUT if the defendant appears regularly, and takes a copy of the bill, he is next
to demur, plead, or answer.
A PLEA may be either to the jurisdiction; showing that the court has no cogniz
ance of the cause: or to the person; showing some disability in the plaintiff, as
by outlawry, excommunication, and the like: or it is in bar; showing some mat
ter wherefore the plaintiff can demand no relief, as an act of parliament, a fine,
a release, or a former decree. And the truth of this plea the defendant is boun
d to prove, if put upon it by the plaintiff. But as bills are often of a complicate
d nature, and contain various matter, a man may plead as to part, demur as to
part, and answer to the residue. But no exceptions to formal minutiae in the pl
eadings will be here allowed; for the parties are at liberty, on the discovery of
any errors in form, to amend them.
AN answer is the most usual defense that is mode to a plaintiff’s bill. It is give
n in upon oath, or the honor of a peer or peeress; but, where there are amicabl
e defendants, their answer is usually taken without oath by consent of the plai
ntiff. This method of proceeding is taken from the ecclesiastical courts, like th
e rest of the practice in chancery: for there, in almost every case, the plaintiff
may demand the oath of his adversary in supply of proof. Formerly this was do
ne in those courts with compurgators, in the manner of our waging of law: but
this has been long disused; and instead of it the present kind of purgation, by t
he single oath of the party himself, was introduced. This oath was made use of
in the spiritual courts, as well in criminal cases of ecclesiastical cognizance,
as in matters of civil right: and it was then usually denominated the oath ex off
icio, whereof the high commission court in particular made a most extravagant
and illegal use; forming a court of inquisition, in which all persons were oblige
d to answer, in cases of bare suspicion, if the commissioners though proper to
proceed against them ex officio for any supposed ecclesiastical enormities. But
when the high commission court was abolished by statute 16 Car. I. c. 11. this
oath ex officio was abolished with it; and it is also enacted by statute 13 Car.
II. St. 1. c. 12. “that it shall not be lawful for any bishop or ecclesiastical judge
to tender to any person the oath ex officio, or any other oath whereby the part
y may be charged or compelled to confess, accuse, or purge himself of any cri
minal matter.” But this does not extend to oaths in a civil suit, and therefore it
is still the practice both in the spiritual courts, and in equity, to demand the p
ersonal answer of the party himself upon oath. Yet if in the bill any question b
e put, that tends to the discovery of any crime, the defendant may thereupon d
emur, as was before observed, and may refuse to answer.
IF the defendant lives within twenty miles of London, he must be sworn before
one of the masters of the court; if farther off, there may be a dedimus potestat
em [power has been given] or commission to take his answer in the country, w
here the commissioners administer him the usual oath; and then, the answer b
eing sealed up, either one of the commissioners carries it up to the court; or it
is sent by a messenger, who swears he received it from one of the commissio
ners, and that the same has not been opened or altered since he received it. A
n answer must be signed by counsel, and must either deny or confess all the
material parts of the bill; or it may confess and avoid, that is, justify or palliate
the facts. If one of these is not done, the answer may be excepted to for insu
fficiency, and the defendant be compelled to put in a more sufficient answer. A
defendant cannot pray anything in this his answer, but to be dismissed [by] th
e court: if he has any relief to pray against the plaintiff, he must do it by an or
iginal bill of his own, which is called a cross bill.
AFTER answer put in, the plaintiff, upon payment of costs, may amend his bill,
either by adding new parties, or new matter, or both, upon the new lights give
n him by the defendant; and the defendant is obliged to answer afresh to such
amended bill. But this must be before the plaintiff has replied to the defendant’
s answer, whereby the cause is at issue; for afterwards, if new matter arises,
which did not exist before, he must set it forth by a supplemental bill. There m
ay be also a bill of revivor, when the suit is abated by the death of any of the
parties; in order to set the proceedings again in motion, without which they re
main at a stand. And there is likewise a bill of interpleader; where a person w
ho owes a debt or rent to one of the parties in suit, but, till the determination
of it, he knows not to which, desires that they may interplead, that he may be
safe in the payment. In this last case it is usual to order the money to be paid
into court, for the benefit of such of the parties, to whom upon hearing the cou
rt shall decree it to be due. But this depends upon circumstances: and the plai
ntiff must also annex an affidavit to his bill, swearing that he does not collude
with either of the parties.
THE commissioners are sworn to take the examinations truly and without parti
ality, and not to divulge them till published in the court of chancery; and their
clerks are also sworn to secrecy. The witnesses are compellable by process of
subpoena, as in the courts of common law, to appear and submit to examinati
on. And when their depositions are taken, they are transmitted to the court wit
h the same care that the answer of a defendant is sent.
IF witnesses to a disputable fact are old and infirm, it is very usual to file a bil
l to perpetuate the testimony of those witnesses, although no suit is dependin
g; for, it may be, a man’s antagonist only waits for the death of some of them
to begin his suit. This is most frequent when lands are devised by will away fr
om the heir at law; and the devisee, in order to perpetuate the testimony of th
e witnesses to such will, exhibits a bill in chancery against the heir, and sets f
orth the will verbatim therein, suggesting that the heir is inclined to dispute its
validity: and then, the defendant having answered, they proceed to issue as in
other cases, and examine the witnesses to the will; after which the cause is
at an end, without proceeding to any decree, no relief being prayed by the bill:
but the heir is entitled to his costs, even though he contests the will. This is
what is usually meant by proving a will in chancery.
WHEN all the witnesses are examined, then, and not before, the depositions m
ay be published, by a rule to pass publication; after which they are open for th
e inspection of all the parties, and copies may be taken of them. The cause is
then ripe to be set down for hearing, which may be done at the procurement o
f the plaintiff, or defendant, before either the lord chancellor or the master of t
he rolls, according to the discretion of the clerk in court, regulated by the natu
re and importance of the suit, and the arrear of causes depending before each
of them respectively. Concerning the authority of the master of the rolls to hea
r and determine causes, and his general power in the court of chancery, there
were (not many years since) diverse questions and disputes very warmly agitat
ed; to quiet which it was declared by statute 3 Go. II. c. 30. that all orders an
d decrees by him made, except such as by the course of the court were appro
priated to the great seal alone, should be deemed to be valid; subject neverthe
less to be discharged or altered by the lord chancellor, and so as they shall no
t be enrolled, till the same are signed by his lordship. Either party may be subp
oenaed to hear judgment on the day so fixed for the hearing: and then, if the p
laintiff does not attend, his bill is dismissed with costs; or, if the defendant ma
kes default, a decree will be made against him, which will be final, unless he p
ays the plaintiff’s costs of attendance, and shows good cause to the contrary o
n a day appointed by the court. A plaintiff’s bill may also at any time be dismis
sed for want of prosecution, which is in the nature of a nonsuit at law, if he su
ffers three terms to elapse without moving forward in the cause.
WHEN there are cross causes, on a cross bill filed by the defendant against th
e plaintiff in the original cause, they are generally contrived to be brought on t
ogether, that the same hearing and the same decree may serve for both of the
m. The method of hearing causes in court is usually this. The parties on both s
ides appearing by their counsel, the plaintiff’s bill is first opened, or briefly abri
dged, and the defendant’s answer also, by the junior counsel on each side: afte
r which the plaintiff’s leading counsel states the case and the matters in issue,
and the points of equity arising therefrom: and then such depositions as are c
alled for by the plaintiff are read by one of the six clerks, and the plaintiff may
also read such part of the defendant’s answer, as he thinks material or conve
nient:73 and after this the rest of the counsel for the plaintiff make their obser
vations and arguments. Then the defendant’s counsel go through the same pro
cess for him, except that they may not read any part of his answer; and the co
unsel for the plaintiff are heard in reply. When all are heard, the court pronoun
ces the decree, adjusting every point in debate according to equity and good c
onscience; which decree being usually very long, the minutes of it are taken d
own, and read openly in court by the registrar. The matter of costs to be given
to either party, is not here held to be a point of right, but merely discretionary
(by the statute 17 Ric. II. c. 6.) according to the circumstances of the case, a
s they appear more or less favorable to the party vanquished. And yet the stat
ute 15 Hen. IV. c. 4. seems expressly to direct, that as well damages as costs
shall be given to the defendant, if wrongfully vexed in this court.
ANOTHER thing also retards the completion of decrees. Frequently long accoun
ts are to be settled, encumbrances and debts to be inquired into, and a hundre
d little facts to be cleared up, before a decree can do full and sufficient justic
e. These matters are always by the decree on the first hearing referred to a m
aster in chancery to examine; which examinations frequently last for years: an
d then he is to report the fact, as it appears to him, to the court. This report
may be excepted to, disproved, and overruled; or otherwise is confirmed, and
made absolute, by order of the court.
WHEN all issues are tried and settled, and all references to the master ended,
the cause is again brought to hearing upon the matters of equity reserved; and
a final decree is made: the performance of which is enforced (if necessary) by
commitment of the person or sequestration of the party’s estate. And if by thi
s decree either party thinks himself aggrieved, he may petition the chancellor f
or a rehearing;
Another breakdown in contract law divides mistakes into four traditional categ
ories: unilateral mistake, mutual mistake, mistranscription, and misunderstandi
ng.
At common law, when the mistake is operative the contract is usually void ab
initio, ie, from the beginning. Therefore, no property will pass under it and no o
bligations can arise under it.
Even if the contract is valid at common law, in equity the contract may be voi
dable on the ground of mistake. Property will pass and obligations will arise un
less or until the contract is avoided. However, the right to rescission may be l
ost.
COMMON MISTAKE
A common mistake is one when both parties make the same error relating to a
fundamental fact. The cases may be categorised as follows:
A contract will be void at common law if the subject matter of the agreement i
s, in fact, non-existent. See for example:
Couturier v Hastie was interpreted differently by the High Court of Australia in:
A mistake as to the quality of the subject matter of a contract has been confin
ed to very narrow limits. According to Lord Atkin: "A mistake will not affect as
sent unless it is the mistake of both parties, and is as to the existence of som
e quality which makes the thing without the quality essentially different from t
he thing as it was believed to be." See:
In cases since Bell v Lever Bros the courts have not been over-ready to find a
mistake as to quality to be operative.
REMEDIES
Where a contract is void for identical mistake, the court exercising its equitabl
e jurisdiction, can:
Refuse specific performance
Rescission for mistake is subject to the same bars as rescission for misrepres
entation.
UNILATERAL MISTAKE
The case of unilateral mistake is where only one party is mistaken. The cases
may be categorised as follows:
Where one party is mistaken as to the nature of the contract and the other par
ty is aware of the mistake, or the circumstances are such that he may be take
n to be aware of it, the contract is void.
For the mistake to be operative, the mistake by one party must be as to the te
rms of the contract itself. See:
A mere error of judgement as to the quality of the subject matter will not suffi
ce to render the contract void for unilateral mistake. See:
Here one party makes a contract with a second party, believing him to be a thi
rd party (ie, someone else). The law makes a distinction between contracts wh
ere the parties are inter absentes and where the parties are inter praesentes.
Where the parties are not physically in each others presence, eg, they are deal
ing by correspondence, and one party is mistaken as to the identity, not the at
tributes, of the other and intends instead to deal with some identifiable third p
arty, and the other knows this, then the contract will be void for mistake. See:
If the innocent party believes that he is dealing with a reputable firm, not a ro
gue, see:
Two conclusions are commonly drawn from these two cases: (1) that to succe
ed in the case of a mistake as to identity there must be an identifiable third p
arty with whom one intended to contract; and (2) the mistake must be as to id
entity and not attributes.
Where the parties are inter praesentes (face to face) there is a presumption th
at the mistaken party intends to deal with the other person who is physically p
resent and identifiable by sight and sound, irrespective of the identity which on
e or other may assume. For such a mistake to be an operative mistake and to
make the agreement void the mistaken party must show that:
(i) they intended to deal with someone else;(ii) the party they dealt with knew
of this intention;(iii) they regarded identity as of crucial importance; and(iv) the
y took reasonable steps to check the identity of the other person(see Cheshire
& Fifoot, Law of Contract, p257-263).
Even where the contract is not void, it may be voidable for fraudulent misrepre
sentation but if the goods which are the subject-matter have passed to an inno
cent third party before the contract is avoided, that third party may acquire a
good title. The main cases are as follows:
The exception to the above rule is that if a party intended to contract only wit
h the person so identified, such a mistake will render the contract void:
A mutual mistake is one where both parties fail to understand each other.
In cases where the parties misunderstand each other's intentions and are at cr
oss purposes, the court will apply an objective test and consider whether a 're
asonable man' would take the agreement to mean what one party understood i
t to mean or what the other party understood it to mean:
If the test leads to the conclusion that the contract could be understood in on
e sense only, both parties will be bound by the contract in this sense.If the tra
nsaction is totally ambiguous under this objective test then there will be no co
nsensus ad idem (agreement as to the same thing) and the contract will be voi
d:
Wood v Scarth (1858) 1 F&F 293Raffles v Wichelhaus (1864) 2 H&C 906Scriven
Bros v Hindley & Co [1913] 3 KB 564
REMEDY
If the contract is void at law on the ground of mistake, equity "follows the law
" and specific performance will be refused and, in appropriate circumstances, t
he contract will be rescinded. However, even where the contract is valid at la
w, specific performance will be refused if to grant it would cause hardship. Th
us the remedy of specific performance was refused in Wood v Scarth (above).
Sometimes, the plea of non est factum, namely that 'it is not my deed' may be
available. A successful plea makes a document void. The plea was originally u
sed to protect illiterate persons who were tricked into putting their mark on do
cuments. It eventually became available to literate persons who had signed a
document believing it to be something totally different from what it actually w
as. See, for example:
The use of the rule in modern times has been restricted. For a successful plea
of non est factum two factors have to be established:
(i) the signer was not careless in signing; and(ii) there is a radical difference b
etween the document which was signed and what the signer thought he was si
gning.
Note: Because of the strict requirements, it may be better for the innocent par
ty to bring a claim based on undue influence.
NOTICE OF MISTAKE
Ref:
I a man made aware I erred into this case. I am not the defendant I wish immedi
ately of said case removed from my person myproperty and I. From this day afte
r who come and say to remain to person and I will be a cause of trespass and
will be held liable. All I say will be verified under oath or affirmation.
Any consent implied or given is hereby rescinded NUNC PRO TUNC ESTOPPEL A
TLAW.
TAKE NOTICE THAT: In the matter of SURETY for the LEGAL NAME, I believe th
at there has been a MISTAKE, as the SOLE BENEFICIARY OF A PUBLIC DOCUM
ENT has been INCORRECTLY IDENTIFIED as a “you” and/or a “defendant” and/or
“Name”.
WHAT EVIDENCE do “YOU” have that there has been any meeting of the minds,
any PROPER NOTICE given, any considerable CONSIDERATION offered, or that
I have ANY INTENT to CONTRACT in this matter?
Autograph Name
0. THE 1611 KING JAMES VERSION BIBLE - This is your basic proof and exerci
se of your status and rights in court. You would bring it with you and set it on
each table or bench where you stand, whenever you are going to directly chall
enge jurisdiction.
2. LEGAL COUNSELOR(S) - (not licensed attorneys) These are your personal hel
pers or counselors to sit behind you in the courtroom, to help you stay aware
of and record what's happening and your options, while you are dealing with yo
ur emotions. More is better.
3. True copy or Original Paperwork - All legal documents or evidence you can f
ind, which relate to your case status, tickets, receipts, depositions, invoices, n
otices, letters, warrants, names, dates, places, etc.
4. Copies of All Relevant Laws that apply to your case -- Photocopies of the st
atutes, codes, laws, and Constitutions, which back your position and defense.
(Make sure to add a copy of God's Laws in addition to the 1611 pdf and other
documents)
5. Manual
7. Pocket tape recorder- For your own protection and cost savings, to be conc
ealed, and not to be used as 'admissible evidence'. Use this as a backup for yo
ur own licensed court recorder.
You should represent yourself always 'in propria persona' (in your own person,
or 'pro per'). NOT 'PRO SE'
When you appear to supposedly enter a Plea, you instead walk right up, place
your hardcover 1611 King James Version Bible on its stand, and present the ju
dge with your evidence of law and supporting documents, which establish you
as a foreign entity to their fraudulent system of Law, and your God-given right
to argue Biblical & Constitutional issues. The prosecutor now has the burden o
f proving jurisdiction, and he/she will have to lie, cheat, and or violate somethi
ng to do it. Nail them!
You must present these documents and enter them into the court record along
with the pdf of the Pure Cambridge Authorized 1611/King James Version Bible
and ordination certificate before you say anything about your particular case.
Make your stand on these documents, by insisting that neither your case, nor t
he Law, nor the accusations may be heard until these two overriding issues ar
e resolved. Sit on them.
1. MAKE SURE THAT YOU ARE IN A COURT OF RECORD, before you say anythi
ng else. Just ask the judge if the recorder is on. This will put them on notice t
hat you mean business and you will not be taken advantage of.
2 IF THEY ASK YOU IF YOU UNDERSTAND, SAY 'NO'. This is a sure-fire way to
control the case, and to employ the best strategy described herein. If you ans
wer YES, you are giving up your 6th Amendment liberties. So just say NO, and
use this opportunity to embarrass the judge into admitting more of the Truth, t
he Law, or the judicial decisions relating to your 'lack of understanding'.
3 ADMIT NOTHING; ASK QUESTIONS. Every question you answer in court, digs
you deeper and deeper into the jurisdiction hole. Your answers automatically gi
ve your implied consent to the court's jurisdiction and authority over you. And
everything you say is already being used against you. They are trained, just lik
e the officer to get you to admit things that incriminate you. So, it is in your fa
vor to admit nothing, and keep asking questions. This way you will control whe
re the discussion and evidence is going.
4. ACT DUMB, PLAY SMART. From the above game rules, you can easily see th
at it is to your advantage to lull the judge into a comfortable position, so that
he/she will more likely expose or admit some 'mistake' on the record. So one o
f the most powerful ways for you to play, is to act dumb at first, and then quie
tly go for the throat when they slip up, expose themselves, or find themselves
stuck in a lie. Most of the examples in the details below are of this strategy.
The Motions to Dismiss and to Declare Mistrial should be the highest priority.
And you should find every reason, and every occasion, that there is to use it. E
ven better is to maneuver the prosecutor to ask for Dismissal, or the judge to
simply declare it. Valid reasons are: lack of jurisdiction, unlawfully obtained evi
dence, failure of the officer to appear, lack of evidence, evidence of extreme bi
as against the Defense, failure of the court to uphold the Constitution, failure o
f the court to uphold your Constitutional rights, failure of the court to maintain
a fair hearing or trial, and jury tampering (failure to maintain an impartial jury)
You have many options at this stage. If you intend to win in court, it is recom
mended that you challenge jurisdiction right away, because if you don't, they w
ill deny you another chance.
USE THIS STRATEGY as you open your mouth for the very 1st time in court, be
fore you even mention anything else. Here, you are going to challenge the cour
t's authority to even hear the case, according to the body of law which the co
urt is legally allowed to govern. This technique will allow you to take, if neces
sary, the case into a district court where you will be allowed to argue Constitu
tional issues. But ideally, the court will want to dismiss the case before it gets
that far. As always, there is a risk of being charged with 'contempt of court’,
because the judges have all taken a secret oath never to reveal the true jurisd
iction of the court, i. e Admiralty jurisdiction. But then you can always come b
ack with "What Court? I'm sorry, but I recognize no authority here but my own.
"
You will not speak of anything nor participate in your case until the Prosecutor
has legally and completely proven that the court even has jurisdiction over yo
u. Of course you already know that this is impossible, and they will just try to
intimidate and disempower you for challenging their false authority; and they w
ill try to haul you off to a private room (off the Record), so that know one else
will hear the Truth of their fraud. So you can tell them you are prepared to go
to Trial on these 2 issues alone, that you insist on putting them into the court
Record, and that you will present as much evidence as it takes to expose the
m. Make them sweat and embarrass them into dismissing your case.
SPECIAL APPEARANCE
This is a court appearance that is not required by the court itself; you must fil
e the request yourself, because you have a specific reason for doing so, such
as a change of plea, or change of status. Special Appearance (or Special Visita
tion) may occur any time up until the Trial.
This is especially good for delaying your whole case with an additional hearing,
to address issues which must be resolved. If the judge has refused to file and
process your Notice of Special Visitation and of Foreign Law, and your Judicial
Notice of Military Flag and Challenge of Jurisdiction, then now is a good time
to file these notices, with certified mail, thereby forcing the court to respond a
nd schedule a special hearing date.
Whatever Notice and Demand paperwork you serve upon the court, must also b
e served upon the prosecutor. Make sure that they receive their copies well ah
ead of anything else scheduled for your case, so that the court has time to re-
schedule if necessary.
JURISDICTION
https://www.law.cornell.edu/wex/jurisdiction
Legal Jurisdiction over a man/woman derives from consent to contract into leg
al fiction commerce. If there is no valid contract, there is no jurisdiction. The l
egal system pertains to the fictional theatre of “artificial persons”. When a man
or woman consents to “act” in “joinder” to an “artificial person”, they cease to
“live” in their “private capacity” “possessing unalienable rights and properties” a
nd volunteer to “act” in a “public capacity” “granted revocable privileges and be
nefits”. Entering the legal system is by contract, or “legalisation”, usually via: “r
egistration”, “licensing”, “certification”, “securitization”, or “general deposit”. In th
e legal system, consent to contract can be presumed by “silent acquiescence”,
unless a “man” or “woman” “rebuts the presumption” of “joinder” to an “artificial
person”. All “artificial persons” are created without any “productive capacity” an
d are therefore debtors by default and limited liability entities. They cannot exi
st or function without living people who transmit their “human energy” into com
merce. Living people “energize” legal fiction commerce, knowingly, or unwittingl
y by deception, which is fraud.
Every man or woman must declare their Living Jurisdiction in matters concerni
ng their well-being, or accept the consequences. Only you can reserve your nat
ural rights.
When a legal person actor presents an alleged claim by post, you should respo
nd within three (3) working days, following a legal/lawful written process of “co
nditional acceptance” upon verification of the alleged claim. See Conditional Ac
ceptance.
“Who are you?” Get their full name, job title, public ID details, and their full add
ress for registered/signature required mail. If a court is involved, get their insur
ance bond number with which you can potentially make a claim for damages.
You have the right to make a video, a voice recording, or take notes.
“Who is the claim against?” Unless they are seeking a living man or woman for
an alleged crime against a potential or actual injured party, there is no valid cl
aim. Remember that as a man or woman in your living private capacity, you ar
e not a dead legal fiction NAME, nor should you answer to such a thing.
“Who is the injured party?” There can be no valid claim against you as a living
man or woman unless another living man or woman has been injured (harmed)
by you and is willing to come forward to verify their claim against you, under p
enalty of perjury, accepting their full commercial liability. Who are they? Where
are they? What is their injury?
3b/ Demand command that the 1020 for the case be produced and mention tha
t if they cannot provide it, you will.
“I don't consent to your contract offer.” Every claim presented by a legal perso
n actor to a living man or woman is an offer of contract into legal fiction com
merce through “joinder” to the legal fiction NAME.
“For and on the record, I am a living man/woman, and that is my only capacity
in this matter. I reserve all my rights waiving none, including my right to remai
n silent, without prejudice.” This declares your living standing, avoids the presu
mption of consent by silent acquiescence, and prevents anything from you, writ
ten or verbal, from being used against you in court.
7/ Serve a Notice
“For and on the record, I, a living man/woman, hereby serve Notice that if you
do not now provide me with 'articulable probable cause' that I am a party to a
crime against a potential or actual living victim, you agree that in fact you do
not have standing in this matter, and that you are liable in your private capacit
y, under penalty of perjury, accepting your full commercial liability, for any fals
e claims made against me, and any resulting damages, whatsoever.” You may
wish to have such a Notice handy in a notebook, to read, or you may wish to p
hysically serve a printed Notice, perhaps on a card.
“Can you show me the evidence of your jurisdiction over me, a private man/wo
man?” This simple question swiftly removes the presumption of jurisdiction, whi
ch must now be legally/lawfully evidenced. If there is no contract, or no verifie
d claim by an injured party, there is no jurisdiction, end of story.
“Where is the contract in this matter?” If there is no contract signed by the par
ties, binding them to the terms of the contract, there is no commerce to trans
act, and no jurisdiction. Some legal actor is making a contract offer. This is a
matter of form (legal fictions) in the Admiralty Maritime jurisdiction, the interna
tional Law of the Sea.
“Who is the injured party with a claim against me, a man/woman?” If there is n
o injured party willing to come forward to verify their claim against you, under
penalty of perjury, accepting their full commercial liability, there is no crime to
investigate, and no jurisdiction. This is a matter of substance (lawful facts) in
the Common Law jurisdiction, the national Law of the Land.
“According to your Oath of Office, are you telling me the complete truth?” This
is for Public Servants when they are making a false claim. Any non-disclosure/o
mission of the relevant facts will be intentional deceit and will make them liabl
e for damages. Your evidence can include a video, a voice recording, and/or a f
irst-hand witness.
If the answer is “No” you have established that the officer is not serving as a
“Peace Officer” investigating, with “articulable probable cause”, an alleged crim
e against a potential or actual living injured party. You can now say:
If the answer is “No” you have established that the officer is attempting a “det
ention/seizure/arrest”, without “articulable probable cause”. If the “detention/seiz
ure/arrest” continues, you can calmly repeat: “I wish to leave. Am I free to go?”
A One-Liner
“I do not accept this offer to contract, and I do not consent to these proceedin
gs.”
Two sentences
“I don't consent to your contract offer and these proceedings. I waive the bene
fit/privilege, and I reserve all my rights without prejudice.”
Appoint a Trustee
“I, a man/woman, Holder in Right of the offices of Beneficiary and Executor, for
the YOUR NAME TRUST, hereby appoint (their name) in his/her public capacity
to the office of Trustee for said trust to make full settlement and closure of t
he account.” For your Public Servant Trustees, when you wish to settle and clo
se an account. This rebuts the presumption that you are in “joinder” to the YO
UR NAME TRUST (i.e. MR JOHN DOE TRUST) as Trustee (liable). As a man/wom
an, you are lawfully re-appointing one of your Public Servant Trustees, and inst
ructing them to perform a specific fiduciary duty.
Conditional Acceptance
Accept any claim against you only on condition that verification is made in wri
ting, and “signed” by the claimant, “under penalty of perjury”, accepting their “fu
ll commercial liability”. The claimant always bears the burden of proof. Never
make a claim as that places the burden of proof on you.
“Does a man/woman need a license for that?” “Will you put that in writing and s
ign it?” Always place the burden where it belongs, on the claimant, never on y
ourself.
Argument
Under Duress
Stay on Point
Remember that you will “stand under” their jurisdiction invoking “joinder” if you
agree to anything at all, such as let them into your house. And if you provide a
“first name” and a “last name” like a corporation, that will be heard as “joinde
r”. Shut up. Stay on point.
CITATIONS
The CITATION process can be handled much easier; through the mail. When a
Police Officer issues you a CITATION, he is actually requesting you to CONTRA
CT with him! He is alleging that you violated a corporate regulation in writing,
which you have accepted by signing and thus requires you to respond.
The Police Officer is instructed to explain that your signature is merely an ack
nowledgment that you received a copy of the CITATION but in actuality, your s
ignature is notification to the Court and Judge that you have accepted or CON
SENTED to this offer to CONTRACT, which also grants the Judge CONSENT; PE
RSONAM and SUBJECT MATTER jurisdiction over you and the case!
You can cancel that CONTRACT however my rescinding your CONSENT, within
three business days of entering into such a CONTRACT. So across the face of
the CITATION you should print or type in large print, the following words:
Use blue ink [for admiralty] or purple ink [for royalty]. Admiralty is the Court an
d Royalty represents your Sovereignty. Either way is appropriate. Sign your sig
nature underneath in blue or purple ink and in front of a Notary.
FORECLOSURE
If you are involved in a FORECLOSURE or are thinking about filing for BANKRU
PTCY protection to buy you more time, instead of trying to defeat the corrupt
Bank and your Creditors in a State or Federal Court, where the cards are certa
inly stacked against you, plan to file for BANKRUPTCY and do it this way, to e
nsure that you come out on top! All BANKRUPTCY FORMS are printable; can be
obtained on line and they can be completed in longhand with an ink pen. The
Forms to use are: B-1 through and including B-8, You only need to prepare and
file the first five or six pages to obtain a Case Number and then you must sit t
hrough a Credit Counseling session, which can be done all in a day. When you
are completely finished with preparing your petition, you should have filed abou
t 58 pages in total and the filing fee is around $280.
List all your debts on one schedule and when it comes to listing your assets in
clude your BIRTH CERTIFICATE and its CUSIP NO. The value of the Mutual Fun
d Investment for your Birth Certificate can also be found on line using the CUS
IP Number under Fidelity Investments. You will discover that it is worth multi-
millions but you must have the CUSIP NO. on your asset schedule or the Birth
Certificate will be discharged as frivolous by the JUDGE or the TRUSTEE. The
Bankruptcy Judge will then appoint a LAWYER TRUSTEE to dissolve the Mutual
Fund Investment: pay off your debts and the balance must be paid to you! Thi
s procedure usually attracts the attention of the [DOJ] Department of Justice b
ecause they don’t want the LAWYER TRUSTEE to screw up and short change t
he Vatican; the Federal Reserve and the Corporate United States and so they t
end to warn or threaten the LAWYER TRUSTEE to be very careful!
After the LAWYER TRUSTEE resigns, you can probably cut a deal with the DOJ
or you can proceed on with the same Bankruptcy proceeding and the newly ap
pointed LAWYER TRUSTEE! Now isn’t that easier and better than attacking or d
efending yourself against the Bank and a bunch of greedy Creditors; knowing f
ull well that the cards are stacked against you because of the Vatican and the
Federal Reserve System.
While you are in Bankruptcy, you are protected. No one can proceed against yo
u for any debts or foreclosure, as long as you have a bond or sufficient assets,
the Birth Certificate guarantees that aspect and while in Bankruptcy, you won’
t have to pay on any of those past debts!
NOTE: There is a process to follow to determine your CUSIP NO [OR] you can
ask a Stock Broker friend to help you [or] hire a Broker on the side to assist y
ou. There are people in the Patriot movement who also know how to apply the
formula, which converts your Birth Registration Number and or Social Security
Number into a CUSIP Number. I paid to have mine done and discovered that I
am worth about 167 million. It’s all FIAT money but as long as it can be spent,
who cares?type: Without prejudice. This is another way to declare that you ma
y not be held responsible for this contract pursuant to the Uniform Commercial
Code. Serve Cancelled Citation back on the Clerk/Court, along with a Certifica
te of Service, by Certified Mail, Return Receipt Requested. This kills the CITATI
ON, removes your CONSENT and removes the JURISDICTION of the Court, all a
t the same time. It really is that simple!
NOTE: A Certificate of Service is a letter that first identifies the Citation and t
hen defines how and when you returned the document to the Court and is sign
ed. If not denied, it becomes a truth in commerce by Tacit Procuration.
Public Notaries originate from the time of the Egyptian and Roman Scribes who
were the purveyors of certified documents, which are sworn affidavits. Certifie
d documents and sworn affidavits are truth in commerce. [e.g.] Birth Certificat
es are certified documents on bonded paper. The word bonded is derived from
bondage as in slavery, which makes all of us Bond Slaves to whoever retains c
ustody of our original Birth Certificates. I bet you believed that the Emancipati
on Proclamation freed the slaves and it did for a short time and then the Birth
Certificate and the 14th Amendment enslaved us all!
NOTE: How many of you have ever attempted to avoid Jury Duty? All you had t
o do was cancel the SUMMONS [OFFER to CONTRACT]; Notarize it and mail it
back to the Jury Commissioner. Don’t worry, they won’t bother you because yo
u are obviously too smart and may influence their Jury! The Jury [controls] the
Court and not the Prosecutor and Judge and if you know that, they lose and th
e defendant wins, which is why they prefer only the dumbed down candidates t
o serve on Jury.
There are a few matters or issues that are next to impossible to circumvent or
quash because of the depth of corruption within these pseudo Courts, such as
child custody and the division of property resulting form a divorce. The Birth S
tate claims the custody of your children pursuant to the Birth Certificate and r
ecords them under the Department of Transportation as a State owned Vessel!
DIVORCE
Once in Puerto Rico, you can establish residency by simply opening a Post Offi
ce Box for a period of three days. Just after opening the Post Office Box, hire
a local Paralegal to prepare an Action in Divorce for you. The Paralegal will fil
e the divorce petition immediately, which is generally a certified form documen
t and it will be heard by a Puerto Rican Judge within three days.
Under Spanish law, your spouse is not required to be served the divorce petitio
n: only the divorce decree. Five days after the Decree, your former spouse will
receive the divorce decree in the mail, written entirely in Spanish, which cann
ot be contested and must be honored by all US Federal and State Courts!
NOTE: Immediately after the Puerto Rican Judge declares you divorced, if you
choose, you can marry again by Contract or by License. Both are legitimate, bu
t no one will ever tell you that!
The division of marital property and custody of children is a much more compli
cated issue but at least the divorce cannot be utilized as leverage against you
to divide up your property, less than proportionately, which is exactly why Ame
rican Judges will not bifurcate the issues involved in a divorce. [e.g.] Divorce;
division of property; custody; support and alimony. The hope is that your desire
to obtain a divorce is worth more to you than anything else you own, now or i
n the future!
FORECLOSURE
If you are involved in a FORECLOSURE or are thinking about filing for BANKRU
PTCY protection to buy you more time, instead of trying to defeat the corrupt
Bank and your Creditors in a State or Federal Court, where the cards are certa
inly stacked against you, plan to file for BANKRUPTCY and do it this way, to e
nsure that you come out on top! All BANKRUPTCY FORMS are printable; can be
obtained on line and they can be completed in longhand with an ink pen. The
Forms to use are: B-1 through and including B-8, You only need to prepare and
file the first five or six pages to obtain a Case Number and then you must sit t
hrough a Credit Counseling session, which can be done all in a day. When you
are completely finished with preparing your petition, you should have filed abou
t 58 pages in total and the filing fee is around $280.
List all your debts on one schedule and when it comes to listing your assets in
clude your BIRTH CERTIFICATE and its CUSIP NO. The value of the Mutual Fun
d Investment for your Birth Certificate can also be found on line using the CUS
IP Number under Fidelity Investments. You will discover that it is worth multi-
millions but you must have the CUSIP NO. on your asset schedule or the Birth
Certificate will be discharged as frivolous by the JUDGE or the TRUSTEE. The
Bankruptcy Judge will then appoint a LAWYER TRUSTEE to dissolve the Mutual
Fund Investment: pay off your debts and the balance must be paid to you! Thi
s procedure usually attracts the attention of the [DOJ] Department of Justice b
ecause they don’t want the LAWYER TRUSTEE to screw up and short change t
he Vatican; the Federal Reserve and the Corporate United States and so they t
end to warn or threaten the LAWYER TRUSTEE to be very careful!
After the LAWYER TRUSTEE resigns, you can probably cut a deal with the DOJ
or you can proceed on with the same Bankruptcy proceeding and the newly ap
pointed LAWYER TRUSTEE! Now isn’t that easier and better than attacking or d
efending yourself against the Bank and a bunch of greedy Creditors; knowing f
ull well that the cards are stacked against you because of the Vatican and the
Federal Reserve System.
While you are in Bankruptcy, you are protected. No one can proceed against yo
u for any debts or foreclosure, as long as you have a bond or sufficient assets,
the Birth Certificate guarantees that aspect and while in Bankruptcy, you won’
t have to pay on any of those past debts!
NOTE: There is a process to follow to determine your CUSIP NO [OR] you can
ask a Stock Broker friend to help you [or] hire a Broker on the side to assist y
ou. There are people in the Patriot movement who also know how to apply the
formula, which converts your Birth Registration Number and or Social Security
Number into a CUSIP Number.
TORT CLAIMS
A Common Law Commercial Lien has been LAWFULLY established between myself, <1>: of the fa
mily <2>, and the individual who accepts liability for the Name "<5>", at address<9>, herein refer
red to as “the Tortfeaser”.
The reason for this Lien is that I have been the subject of a wrong (i.e. a tort) at the hands of t
he Tortfeaser, and my remedy IN LAW is to be able to place Lien on their property, until the wr
ong has been set aright. Thus I am LAWFULLY able to seize goods and assets that belong to the
Tortfeaser, up to the amount of the Commercial Lien, which is <6>.
This Notice is to inform whomsoever may be concerned that the creditworthiness of this Tortfeas
er is, henceforth, highly suspect, until the Lien lapses - or is, by some other means, removed.
Statement of Truth of
<1>: of the family <2>
SUBSCRIBED AND SWORN TO before me by <1>: of the family <2>, known to me or proven to
me to be the real human signing this Affidavit this
________________________________________
________________________________________
End of document.