What we call the Common Law arises from the normal interaction of people with one another according to their nature and customs, which maintain peace and equity between themselves. This Common Law is the human manifestation of the universal Natural Law, and creates no hierarchy or dominating force over people. On the contrary, common law engenders and defends the natural liberty and just equality of all people without regard to rank or distinction.
The root of the common law lies in the Anglo-Saxon tribal traditions of Europe and their village-based system of justice and government. In this tradition, authority arose from the will of the people and not a ruler, since liberty was understood to dwell inherently within every man and woman born. Rights are not granted by one person to another, since they exist “ab initio”: from the beginning. All people therefore have the inborn capacity to govern themselves, to know right from wrong and act justly, and to judge for themselves all things, including the conduct of others.
This inborn capacity rather than imposed statute was the tribal guarantee of social peace and harmony. But alongside this common law arose a contrary system of governance derived from state-level Empires and their religions that saw people not as inherently free but rather as chattels and property of others. This imperial system of domination has always been at permanent war with the liberty and equality of the common law.
We summarize this Natural Liberty and the basis of Common Law as follows:
- Every man, woman and child is born and is by nature free, equal and sovereign, and possesses an inherent knowledge of what is true and right. Accordingly, no-one can be subordinated to another or to any external authority, since every inherent wisdom and liberty makes them complete and sufficient creations in themselves, within a wider community of equals.
- This personal sovereignty is a reflection of the wider Natural Law, whereby all life by nature is indivisible and placed in common for the survival and happiness of all. In any just society, this commonality endows all people with the unalienable right to establish among themselves their own governance, and defend themselves any tyranny or violence, including that inflicted by external authorities. Any authority that rules unjustly and arbitrarily, without the free and uncoerced consent of the people, has lost its right to rule and can be lawfully overthrown –Unjust government is not government but tyranny -Plato
- This Natural Law gives rise to customary Common Law whose purpose is to protect the inherent liberties and sovereignty of men and women in a community by maintaining equity and peace among them. The Common Law derives its authority from the people themselves, and from the capacity of the people to know what is just and to judge right and wrong for themselves. This capacity is expressed in a jury system of twelve freely chosen people who are the ultimate judge and authority in Common Law courts.
- Historically, Common Law and its early expression in the Magna Carta of 1215 arose in England after the 11th century Norman Conquest as a bulwark of defense of the people against the arbitrary rule of self-appointed elites like monarchs and popes. The authority of these elites was derived unnaturally, from warfare, conquest and the theft of the earth, rather than from the consent of the community and its basis, the divine law of peace and equality. This elite rule arose most strongly in the Roman Empire and its descendent, the Church of Rome, according to whose beliefs God is a dominator and conqueror (domine), and all people are subjects of the Pope.
- Such a conquest-based rule of papal and kingly elites gave rise to a legal system known as Civil or Roman Law, and the belief that men and women are not endowed with the capacity for self-rule and wisdom. All law and authority is therefore derived externally, from statutes devised and imposed by a ruler, whether a pope, a monarch or a government. This system developed from Aristotelian philosophy and Roman property law in which creation is divided and human beings are treated as chattels and the possessions of others, and are thereby devoid of inherent liberties. The people are thus in every sense enslaved, cut off from the world given freely and in common to all. This slave system ranks and categorizes all people, and grants restricted “freedoms” (friethoms or slave privileges) that are defined and limited through statutes issued by rulers.
- Common and Civil (Roman) Law are therefore fundamentally opposed and are at war with each other. cannot be reconciled, since they arise from two completely different notions of humanity and justice: Common Law knows life as a free gift given equally to all, while under Civil law, life is a conditional privilege, and humanity is a managed slave populace. Accordingly, governments operate in practice according to Civil (statute) law and denigrate or ignore Common Law altogether through the rule of unaccountable judge-dominated courts.
- The most extreme form of elite-based Civil/Roman Law is what is called Papal or Canon Law, which defines the Church of Rome as the only legitimate authority on earth to which all other laws, people and governments are subordinate. Canon law is self-governing and completely unaccountable to anything but itself. Behind its front of Christian rhetoric, Roman Catholicism is a neo-pagan cult based upon the late 3rd century Roman Emperor-worship system known as Sol lnvictus, in which one sovereign entitled God and Master (Deus et Dom/nus) rules heaven and earth: formally the Emperor and now the Pope. This tyrannical cult has not surprisingly been the cause of more warfare, genocide, conquest and murder than any power in human history, and continues to constitute the single greatest threat to Common Law and human liberty.
- The Church of Rome was the first and is the oldest corporation on our planet: a legal entity designed for the protection of tyrants, which nullifies the individual liability and responsibility of the elites for any crime or conquest they perpetrate. From Rome and the Vatican Incorporated has spread the contagion that now threatens to destroy our planet and our lives, as unaccountable corporate oligarchy everywhere subverts liberty and the health of our planet by subordinating all of life to profit and power.
- At this very moment of corporate conquest and its subjugation of humanity, a counter-movement is arising to reassert the divine purpose and its operation through the Common Law, and to restore the earth and humanity to their natural being as a common body. This movement is foretold biblically and in prophecy as the time when all people are returned to their natural equality, devoid of all divisions, privileges and oppression, in order live in harmony with creation and one another.
- This restoration of humanity to its natural condition of freedom and equality is a divine purpose. It begins by actively dis-establishing all existing authority and institutions derived from Roman civil law, and replacing them with a new governance under Common Law jurisdiction. The creation of that new Natural Law authority among a liberated humanity is the fundamental purpose of the Common Law Courts.