Sermon Series 16L

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Table of contents

Preacher's Outline and Sermon Bible. The Memory of the Dead The Test of American Loyalty Sermon Digest Volume 2. Sermons from the Psalms in Honor of Prentice A. Six Nails of the Cross: Dritte Abteilung Predigten German Edition. A New Sermon occasioned by the Death of Mr. Things I Have Learned.

Spurgeon's Sermons on the Miracles Evangelical heritage series. The Complete Discourses of Brigham Young. Witness Unto the Truth. The Temple and The Throne. Been There, Done That It feels good to be part of the Twisty family. Anna Fore Marshallville, Georgia. Twisty is the Facebook of twisting. Could this mean that a person can simply disregard all legislation against which he himself arbitrarily disagrees for one reason or another? No, can only be the answer, or else all government would be anarchy. How does government receive consent?

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When does an act of consent truly become binding? There are countless ways in which the state works its craft of expanding its power and presence in the world, and one way is by consent. It should be realized that, even though coercion through force and fear are often used, the only real binding and lawful consent is voluntary. If it is consent that makes the legal system a lawful system, then it is at the point of our consent that we become bound to obey a legal rule. All this, despite the fact that consent maybe acquired by appealing to the slothful greed and coveting selfishness of the individual.

The Anglo-Saxon courts of those days were composed of large numbers of freemen and the law which they administered, was that which had been handed down by oral tradition from generation to generation. In competition with these non professional courts the Norman king, who insisted that he was the fountainhead of justice, set up his own tribunals. The judges who presided over these royal courts were agents or representatives of the king, not of the people; but they were professional lawyers who devoted most of their time and energy to the administration of justice, and the courts over which they presided were so efficient that they gradually all but displaced the popular, nonprofessional courts.

William of Normandy came to England to collect a disputed debt owed to him by Harold. He did not conquer and seize all of England, but only Harold and his properties, duties, and obligations and those hereditaments of the freemen who had fought along side Harold in his attempt to avoid payment to William. He opened the door to customs and forms of law that had no foothold in the land of the Anglos since the fall of the Roman Empire. He instituted a survey of all the land that fell under his sword by right of trial by conquest. This was done for the purpose of collecting an excise or tribute tax on the land of those defeated landowners who were then forced to take an oath of fealty and bind their allegiance and lands to William.

A legal title is not a freehold, lawful, or a fee simple title. Were the remaining freehold titles in land lost by conquest or by other means? Many followed William, establishing the concepts of towns and cities, which had been traditionally shunned by the Anglos, along with other customs of business, and a loyalty to their homeland that opened a freer avenue for the establishment of commerce. And as for the people, he removed them to cities from [one] end of the borders of Egypt even to the end thereof.

The law of the Anglo-Saxons still remained intact, but not for those who fell subject to William and his successors.

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The two systems lived side by side in a manner similar to the two jurisdictional systems of law used in the Roman Empire following their own Roman civil war. In Saxon Law - Freeman; the possessors of allodial lands. They are almost always sworn to abide by the decrees of the legislature before they take to their seat as jurors, which allows them to judge only the facts of a case, leaving the determination of law in the hands of the legislature and the administering professional judges.

Is this the way it was in the beginning? A free man; a freeman lawfully competent to act as juror. Here, the individual had access to a free-dominion by the relinquishment, in charter, of the right of the king to make law without consent. The extent of the legal authority of the king of Britain in the Americas was limited. It was his usurpation seizing a use of rights that were not his that led to the Declaration of Independence, whereby the colonial governments became totally independent states at any dissolution of the charter.

The limited authority and responsibility of the king was then assumed by the colonial governments, who eventually bound themselves together by Articles of Confederation, and later by a constitution which created a legal society with certain limited obligations and privileges to the general populus of the republics. The United States Federal government, which exists within the given jurisdiction of the original republics, is a limited jurisdiction within itself.

It grew, not by decree, but by government offers and individual acceptance.


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In other words, the limited authority of government grew by expanding the offer of benefits and obligations to the individual citizens in the republic, including membership in the government itself. The more desired, the more offered, and the more that was accepted, all the more was required.

A guarantee of an entitlement grants a reciprocating entitlement to the Benefactor.

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These benefits were not part of the original obligations of the state governments or the United States Federal Government. The average citizen cannot in justice accept them without offering at least some seemingly equal consideration. Each time we accept or apply for new bounties, donations, and benefits, we are consenting by deed or word to the legal authority of that government or body politic. To take what is not a gift and is not owed, with no intention of returning equal consideration, is the essence of stealing.

To accept without consenting to pay the price is the essence of theft. That the law does not excuse. Then I saw, [and] considered [it] well: I looked upon [it, and] received instruction. So shall thy poverty come [as] one that travelleth; and thy want as an armed man. Sometimes used of the law of human reason, in contradistinction to the revealed law, and sometimes of both, in contradistinction to positive law. The Natural Law is divine will; not merely the will of men, who, by their own reason, have determined it. If the reason is not right reason, then the law or rule is not truly Natural Law.

Natural law, as a term, may have several uses and should be clarified whenever it is used. These presumptions fall within the exclusive province of the jury, who are to pass upon the facts. It means that a jury is to decide upon the presumption of law based on their own common experience and God-given conscience.

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Proper or sufficient to be recognized by law; cognizable in the courts…. Cognizable in courts of law, as distinguished from courts of equity; construed or governed by the rules and principles of law…. Posited [assumed] by courts as the inference or imputation of the law, as a matter of construction, rather than established by actual proof. They may become law by consent and constructions of law.

It should be clear that any legal system is subject to the prior and essential principles of law. Law that is basic, fundamental, and well-established over thousands of years of recorded history. It must be understood that it is consent that makes what is only legally proclaimed to be lawfully established.

Also, it should be apparent that binding oneself to a legal system that is constantly under the process of change is at least dangerous, if not inevitably disastrous.

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There were two important limitations, both adopted to avoid any clash with the common-law courts. One was that equity would not interfere where there was an adequate remedy at common law; the other was that equity would act merely against the person of the common law plaintiff or defendant and therefore affect the legal right only in that indirect fashion. One mode of accomplishing this object on a large scale, without appearing to disregard existing law, is the introduction, by the prerogative of some high functionary, of a more perfect body of rules, discoverable in his judicial conscience, which is to stand side by side with the law of the land, overriding it in case of conflict, as on some title of inherent superiority, but not purporting to repeal it.

Such a body of rules has been called Equity.

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America was settled by men who came to this new land to escape the arbitrary bonds of civil and equitable systems, which were often no more than the will of despotic tyrants, and sought to be, at least in principle, ruled by Divine Will. Equity is not law either in the sense of the common law or the civil legal system. Equity is designed and used to enlarge the system of laws without appearing to disregard the laws themselves; overriding them, but not repealing them.