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Legal Fiction IV
by Joe Kelley
3-23-2022

Richard Henry Lee
“By a very common legal fiction, any personal contract may be supposed to have been made in any place. A contract made in Georgia may be supposed to have been made in the federal city; the courts will admit the fiction. . . . "

14th of October, 1774
"On the same day, Congress unanimously resolved, “that the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage according to the course of that law.” They further resolved, “that they were entitled to the benefit of such of the English statutes as existed at the time of their colonization, and which they have, by experience, respectively found to be applicable to their several and local circumstances.” They also resolved, that their ancestors, at the time of their immigration, were “entitled to all the rights, liberties, and immunities, of free and natural-born subjects within the realms of England.”

The Conviction Factory, The Collapse of America's Criminal Courts, by Roger Roots
Page 40
Private Prosecutors
"For decades before and after the Revolution, the adjudication of criminals in America was governed primarily by the rule of private prosecution: (1) victims of serious crimes approached a community grand jury, (2) the grand jury investigated the matter and issued an indictment only if it concluded that a crime should be charged, and (3) the victim himself or his representative (generally an attorney but sometimes a state attorney general) prosecuted the defendant before a petit jury of twelve men. Criminal actions were only a step away from civil actions - the only material difference being that criminal claims ostensibly involved an interest of the public at large as well as the victim. Private prosecutors acted under authority of the people and in the name of the state - but for their own vindication. The very term "prosecutor" meant criminal plaintiff and implied a private person. A government prosecutor was referred to as an attorney general and was a rare phenomenon in criminal cases at the time of the nation's founding. When a private individual prosecuted an action in the name of the state, the attorney general was required to allow the prosecutor to use his name - even if the attorney general himself did not approve of the action.
"Private prosecution meant that criminal cases were for the most part limited by the need of crime victims for vindication. Crime victims held the keys to a potential defendant's fate and often negotiated the settlement of criminal cases. After a case was initiated in the name of the people, however, private prosecutors were prohibited from withdrawing the action pursuant to private agreement with the defendant. Court intervention was occasionally required to compel injured crime victims to appear against offenders in court and "not to make bargains to allow [defendants] to escape conviction, if they...repair the injury."
Page 42
Law Enforcement as a Universal Duty
"Law enforcement in the Founders' time was a duty of every citizen. Citizens were expected to be armed and equipped to chase suspects on foot, on horse, or with wagon whenever summoned. And when called upon to enforce the laws of the state, citizens were to respond "not faintly and with lagging steps, but honestly and bravely and with whatever implements and facilities [were] convenient and at hand. Any person could act in the capacity of a constable without being one, and when summoned by a law enforcement officer, a private person became a temporary member of the police department. The law also presumed that any person acting in his public capacity as an officer was rightfully appointed."

Witch Law is based upon fiction?

Which Law is based upon facts found, facts validated by independent county grand juries, and facts adjudicated by peers known as trial jurors?

Richard Henry Lee
“These doors opened for withdrawing from the state governments entirely, may, on other accounts, be very alluring and pleasing to those anti-republican men who prefer a place under the wings of courts.”

Courts of National Debt Collection were flagged as Special Interest, National Interest, elite privilege, and elite prerogatives with specific names that were NOT courts of law.

False Flags:
Exchequer
Chancery
Equity
Admiralty
Human Family Trafficking

Perspectives in American History, Law in American History, Fleming and Bailyn:
“By the late sixteenth century, and especially with the accession of the Stuarts, the court of chancery was closely associated with the royal prerogative and became the target of opposition. Equity was therefore disadvantageously contrasted with common law in an era when “ancient law” took on revolutionary constitutional overtones. The struggle between the two systems of law became explicit in Glandville’s case, the 1616 litigation, jurisdiction over which sought by Chancellor Ellsmere, who enjoined suitors from proceeding at law, and by Chief Justice Coke, who prohibited the same litigants from proceeding in equity, and in which James I finally intervened on the side of chancery. The common lawyers of the early Stuart period strongly objected to the prerogative character of equital law, but they also attacked particular abuses: the use of chancery jobs as royal patronage, the delay and expense of chancery proceedings, and the increasing formalism of equity litigation. At bottom, of course, they anticipated Selden, who sneered that “Equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. ‘Tis all one as if they should make the standard for measure a Chancellor’s foot.”

The Ancient Law was The Law of The Land and the law that was of all the people, by all the people, for all the people, all on an equal footing at law, each with every prerogative and privilege at law while they remained within the law, never found guilty by due process of law, and therefore innocent of all pretended charges, including every single claim of failing to obey every criminal order issued from every pretend authority at law claiming to be enforcing blind obedience, or orders that cannot be questioned.

XIV - Citizen rights not to be abridged
Passed by Congress June 13, 1866. Ratified July 9, 1868
“The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.”

That is not fine print, and that is not orders to be obeyed without question written by Caligula on pillars so high that the slaves had no clue as to what they were supposed to be found guilty of for daring to breathe the common supply of oxygen.

V - Provisons concerning prosecution
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury...”

Private victims known as private prosecutors go to independent county grand jurors in command of all lawful jurisdiction with an accusation of Treasonous Fraud to be validated for cause.

Independent county grand jurors validate by using their common law powers of mandamus, quo warranto, and posse comitatus, and armed with the facts that matter to the prosecution, the matter is brought before independent trial jurors in County Criminal Courts of Law for adjudication, giving the accused, presumed to be innocent until proven guilty defendant, their trial by jury, and their opportunity to face the evidence against them.

Witch Law is based upon Treasonous Fraud?

Which Law is based upon the facts that expose the fiction?

George Mason, 1787
"The judiciary of the United States is so constructed and extended, as to absorb and destroy the judiciaries of the several states; thereby rendering laws as tedious, intricate, and expensive, and justice as unattainable by a great part of the community, as in England; and enabling the rich to oppress and ruin the poor."

Reviving Federal Grand Jury Presentments
Ren~e B. Lettow
"Although historians typically portray early federal grand juries as mere tools of the central government, an examination of actual charges and presentments reveals a different picture. After the Constitution's ratification, grand jurors continued to take initiative in making presentments.
"Given that the Federalists wanted to assuage Anti-Federalist fears of a powerful central government, it is not surprising that ratification documents emphasized the grand jury's shield rather than its sword."
[tinyurl.com]

The people are told that they have to shield, that their tormentors are their only shield. The people are told that they have no sword, that their tormentors are their one and only sword. Some people obey without question, others do not obey without question.

Who among those claiming authority at law have discovered the Treasonous Frauds as they turned federated voluntary mutual defense association under the common law where each individual independent republic was on an equal footing at law, each with the same prerogatives and privileges at law, with each other federated republic, turning, turning, twisting, and spinning fictional versions of federation, turning instead to anti-federation, which is National Interest Monopoly of Power and Profit, hiding behind a false federation front?

George Mason Speech Virginia Ratifying Convention
June 04, 1788
"Mr. Chairman—Whether the Constitution be good or bad, the present clause clearly discovers, that it is a National Government, and no longer a confederation. I mean that clause which gives the first hint of the General Government laying direct taxes. The assumption of this power of laying direct taxes, does of itself, entirely change the confederation of the States into one consolidated Government. This power being at discretion, unconfined, and without any kind of controul, must carry every thing before it. The very idea of converting what was formerly confederation, to a consolidated Government, is totally subversive of every principle which has hitherto governed us. This power is calculated to annihilate totally the State Governments. Will the people of this great community submit to be individually taxed by two different and distinct powers? Will they suffer themselves to be doubly harrassed? These two concurrent powers cannot exist long together; the one will destroy the other: The General Government being paramount to, and in every respect more powerful than, the State governments, the latter must give way to the former."

Who is in place to validate claims of Treasonous Fraud in any of the over 3,000 county jurisdictions in America?

Today.

Who is currently perpetrating Treasonous Fraud by their current actions as they routinely infringe upon the rights of their victims as documented on the documents they claim to be their sources of authority?

Today.

The name of the defendant goes on the accusation to place the defendant before their peers in the location of the crime scene, a crime that is claimed to not exist by those who make their victims believe that the crime does not exist, and the name of the crime is Treasonous Fraud.

Jus Ad Bellum, Jus In Bello, Jus Post Bellum

Caveat Emptor

Josf-Kelley 8 Mar 23
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