Brent Allan Winters
Attorney & Counselor at Law
A Common Lawyer Comments
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The purpose of this site is to teach the first principles of freedom—found in the common law (a slice of the unwritten laws of nature) and the Bible (written laws of Nature's God). The observations and works on this site are those of Brent Allan Winters.
"Our Constitution," says Brent, "arranges the bones forming our government in the language of the common law. Without the common law, our Constitution sleeps—a bonedry and dispirited skeleton of lifeless words. Keep our common law and it will keep your freedoms."
Common law is not a list of laws but a way of life and mind, recognizing that man at his best is still only man—at best. Accordingly, it seeks not the scholastic's utopian fantasy through a code of legal precision but rather the doable-ness of fair play by following due process to uncover the driving reality of facts. —Brent Allan Winters
Common law protects relationships. Our common law is understood according to relationships—creditor-debtor, promisor-promisee, trustor-trustee, bailor-bailee, vendor-vendee, husband-wife & etc. Accordingly in common-law trials, the threshold question must be to identify the relationship between the parties: landowner-trespasser, landowner-invitee, leaseholder-landlord, dual agency (partnership) or single agency, bailor-bailee, trustee-beneficiary & etc. By contrast, civil law organizes its codes according to subject—contract law, tort law, property law, family law & etc.
Our common law (law of the land) seeks foremost to protect relationships through due process, also called fair play.
By contrast, the civil law (law of the city) seeks foremost to justify the will of the state, set forth in commands called legislation (statutes) and regulation. —Brent Allan Winters
That the quest for facts is the driving force of our common law distinguishing it from the rest of the world's city (civil) law cannot be over-stressed.
Once this question of fact (relationship) is discerned, the law to be applied is clear and all the Jury need to decide are the remaining facts of the case: What happened? How'd it happen? Why'd it happen? When'd it happen? Where'd it happen? Who done it? Who's at fault? —Brent Allan Winters.
By contrast, the will of the state is the driving force of the civil law. In civil-law countries covering almost the entire globe, the controlling question is, what does the state by its code command? In a common-law country such as ours, the troublesome problem confronting the court and jury, says Stryker, is not so much what the law is, as what happened. Did he steal? Did he assault? Did he commit arson? Did he kill, and under what circumstances? —Brent Allan Winters
Because our Constitution neither requires, nor commands, anything of the people of the United States but only of public employees, office-holders, and other dependents, it is neither legislation nor statutes but an excellent expression—in a long tradition of expressions—of the ancient principles of common-law government. —Brent Allan Winters
MAGNA CARTA—8OOth Anniversary
—Brent Allan Winters—
Eight hundred years ago this year, the year 1215, Stephen Langton wrote Magna Carta in a moment’s notice, King John signed it at the points of swords, and the Roman pope outlawed both Magna Carta and its drafter Steven Langton—because it is contrary to the canon law of Rome.
Stephen Langton, King John, and that Roman pope are now gone. Magna Carta, however, lives on.
Magna Carta was rendered up from the sharpest adversity, a foundation of our common-law way of life. And since its signing, Magna Carta—as now also our United States Constitution—has been hacked, amended, cussed, misconstrued, and even chucked into the dustbin of history. Powerful men have read its eulogy, put it into a coffin, dug its grave, and formed its funeral procession. But somehow the intended corpse has refused to stay put, and understandably so, because its principles are timeless.
Magna Carta in a Nutshell
Magna Carta begins—and ends—by declaring the Church in England free from all other powers, both foreign (Rome’s pope) and domestic (England’s Crown). It next follows with detailed protection of widows and orphans—a constant theme of the Bible. Then it limits the power of the banker’s cabals of usury and bars the national government (the English Crown) from direct, personal tax-collection power over individuals; forbidding tax collectors, for instance, from taking a man’s draught animals and tools necessary for him to feed his family or to satisfy a claimed tax obligation—also the Bible’s first principle. It then follows with guarantees of due process (timely notice, a meaningful opportunity to be heard, and consent) before being taxed and trial by a jury of one’s peers (neighbors).
And above all, Magna Carta affirms the required consent of the common-law jury of one’s peers before the power of government may be used to take a man’s life, liberty, or property—thus echoing the jury principle of both the Older and the Newer Testaments. Indeed, our own United States Constitution’s limits for government are strikingly alike to Magna Carta’s—not only in general principles but also in particulars.
Reasons for Magna Carta = Reasons for U.S. Constitution
The reasons Englishmen insisted upon Magna Carta are even more curious for their strong likeness to the threats Americans now face: oppression of Islamic law, plundering of our valuable land by foreign powers, and enslavement to usurious debt.
Consider these facts:
First, King John, forced signer of Magna Carta, had promised the Islamic Sultan of Morocco that he would decree all England Islamic if the Sultan would loan him all the money he needed to fight the landholders of England, thus allowing Islamic law to replace England’s common
Second, King John granted all of England’s land to Rome’s pope as the pope’s personal fief, thus allowing the pope to collect as taxes a lion’s share of all the produce of England’s land.
Third, King John had borrowed money from phariseeism's cabalistic moneylenders of England at outlandish interest rates of between 43 1/3 and 86 2/3 percent, per year, thus enslaving all England’s landholders and descendants in never-ending debt—from the richest old Thane in the county to the lowest serf chained to the field.
Simply put, King John had sold his own country, high-born and low, down river into the three-fold tyranny of that ancient, yet ever-threatening antagonist of freedom, called Babylonianism:
(1) Babylon’s law of the city (in this case, Islamic law), instead of God’s law of the land (called our common law);
(2) income taxation by demand of a foreign power (in this case the Vatican), instead of taxation by consent of the country; and
(3) enslavement of the country by bondage to usurers (called phariseeistic moneylenders, bankers), instead of freedom from debt.
Bottom line: King John had sold his own country into slavery by false law, fleecing by foreigners, and usury by financiers—the same three evils Americans now face.
Maga Carta Passes the Reliability Test
Without question, Magna Carta is a solid expression—in a long line of expressions—of that common law which our Declaration of ’76 calls the law of Nature unwritten in creation, meant to be observed and recognized, but always to be tested against that second grand volume of God’s revelation of His will, which our Declaration of ‘76 calls the laws of Nature’s God written in our Bible. As such, Magna Carta did that which our own Constitution of the United States also did: it sought not to establish anything new, but rather, to reach back, capture, re-established, and strengthened that which is old, namely, the laws of nature called the common law of the land. And this common law, says U.S. Supreme Court Justice James Wilson, is cleaner and more sensitive to individual rights of liberty, respecting life and property, than is the law of the city.
John Wycliffe accords, calling the law of the city "evil menes law," such as the civil law of Islam, of Rome, and of usurers. But these laws of Nature, observable in the nature of things, in life, and in relationships are, as our common law and Declaration of ’76 both put it, consonant with the laws of
Nature’s God written in our Bible. And this consonance stands to reason: Magna Carta’s drafter Stephen Langton was the foremost Old-Testament commentator of his day and provider of our Bible’s present chapter divisions.
Thus does Magna Carta reflect our Bible’s leading principles. Accordingly, it is said that Magna Carta not only remains in force but will always remain in force because it recognizes and affirms timeless principles, which, even though unwritten, are, nevertheless seeable—indeed obvious—in the nature of things; and further, are consonant with the laws of nature’s God called the Bible.
The Big Paper Called Magna Carta Demands Our Response
To be sure, Magna Carta with its first principles are best understood in light of the threats faced at that time. But the three threats of those times that drove Stephen Langton to draft Magna Carta, again rear their ugly heads: false law of Islam, unlawful taxation of income, and enslavement to banker’s usurious debt. But further, the remedy to all such lawlessness remains—even now as then—true law.
Thus must each American seek in his family, locally, and at every point, first, to purge the false law of Islam with our Declaration of ‘76’s two-volume set of laws, the laws of nature learned from creation and the laws of nature’s God learned from our Bible; second, to purge unlawful taxation with State and national legislation overturning the income tax; and third, to purge the banker’s cabalistic monopoly of usury with the revival of real money, gold and silver coin.
©Brent Allan Winters 2015
Brent Allan Winters is an American geologist, common lawyer, author, teacher, and radio commentator. Brent grew up on a farm north of Moonshine, Illinois; served as diver, U.S. Navy Mobile Diving Unit 1 and aboard carrier USS Coral Sea; worked as a geologist and mine operator; and ran for U.S. Congress. Brent has briefed cases in the United States Supreme Court, argued before the jury and appellate courts (both State and Federal), has represented clients in foreign countries, and clerked for a state appellate court judge. Our common-law way of life and thought, says Brent, is not only the lifeblood and backbone of our U.S. Declaration of '76 and Constitution, but is also the object of zeal that delivered our country to nationhood and remains the fellowship that defines Americans to the world.
Common law is not a list of laws but a way of life and mind, paths recognizing that man at his best is still only man—at best. Accordingly, it seeks not the scholastic's utopian fantasy through a code of legal precision but rather the doable-ness of fair play by following due process to uncover the driving reality of facts. —Brent Allan Winters
Common Law is Due Process, which our Constitution calls the law of the land.
Due Process = the Process That is Due
Our Constitution is a brief of common-law government: the processes due from government, how government must go about limiting government
Some common-caw first principles:
Our Constitution says Presidents are neither kings nor much less emperors over Americans, but are presiders of national government and commanders of U.S. armed forces.
Only God can make a straight lick with a crooked stick.
Bottom line: God has never had good men with which to work.
He used sinners to write and deliver His word written called the Bible and to begat a nation out of which one would bear and deliver His word living called Jesus Christ.
Following this first principle respecting God's perfect word, God allows sinful men to recognize and apply His standards of due process called His law; this recognition we call our common law. Our Constitution is one of sinful man's recognitions of leading principles of God's word unwritten in nature and written in the Bible. It is a brief of common-law due process for government.
More common -law first principles:
Rule 1: A contract is a promise; a promise is a commitment that the law will enforce.
Rule 2: The law will not enforce a contract that the law forbids.
Rule 3: A corporation (whether sole or aggregate) is a fictional creature of the state, a person by legal fiction, comprising an arrangement of promises respecting property, but only within confines the state allows. A corporation can hold title of property in its name.
Rule 4: A trust is a creature of its settlor, is not a corporate entity, and comprises an arrangement of promises respecting property. A trust cannot hold title to property but legal title (ownership) of trust property is held in the person (a real body) of the trustee; equitable title is held in the person (a real body) of the beneficiary.
 Note well: The IRS turns trust law of all 49 common-law States (Louisiana excluded) on its head, declaring, for purposes of federal taxation, that a trust is a corporate entity. Louisiana is here excluded because it is—owing to its French roots—a Roman civil (city) law jurisdiction of which our common law of trusts has no part. The fictional entity called a corporation, not being part of our common law, is wholly a creature of a State’s legislature, exists at the permission of that State’s legislature, and only if the secretary of state (of that State) signs its certification. The trust, by contrast, being a creature of law—long-standing before any State legislatures came into being—has none of the foregoing requirements.