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Sunday, January 28, 2018

Why Equity Law is Evil


By Anna Von Reitz

I have been asked, "Why do I attack British Equity Law so vehemently?"

Here's the short answer--- It's not British and it's not Equity and it's not Law. 

In the 1750's a great hue and cry began in England because of the arbitrary and unjust effects of imposing outdated written "one-size fits all" laws without consideration of mitigating circumstances. 

For example, the sentence for murder is death. 

But what about unintentional, accidental murder?  What we now call "manslaughter"?   And what about murder committed by children by accident?  Or by the mentally incompetent, who couldn't possibly know what they were doing?  How about murder in self-defense? The young woman being choked by a would-be rapist and thief, who finds a loaded gun and fires?  Or crimes of passion? The betrayed husband who finds his wife in the arms of another man and snaps?

There was a good deal of well-founded discontent with the hoary and Draconian Common Law of England, which had ceased to be determined on a case by case basis as intended, and devolved--- especially in large cities, to a reliance on sentences established by the "case law".  This over-reliance on the pure written law of record in similar cases (and who is to say what is "similar"?) and the gradual replacement of true jury trial by one's peers to judgment by rule and by whatever jury was summoned (quite often not actual peers of the accused) led to massive controversy about the true nature of justice and the ability of the Common Law to provide it. 

Not, I think, coincidental to the times, the BBC is advertising a series called, "Garrow's Law" which is supposedly based on actual cases tried by William Garrow, a young Barrister who stood on the forefront of this entire movement to bring a more considered and considerate justice into the courts, and the development of a system of law that could see beyond the black and white words on a page clearly stating things like, "the sentence for murder is death by hanging...." (no matter what).  

Sounds wonderful, doesn't it?  A better law.....a more just law....a more considerate law....a more fair law..... 

But, unfortunately, just as the pendulum moved in the 1750's  to create the shades of grey we all now know and agree to be just, such as the provisions for manslaughter and juvenile court, the same forward and redeeming motion carried too far in the other direction, muddying the virtuous and sure, if sometimes dreadful and Puritanical English Common Law with international Admiralty Law, to create British Equity Law. 

The primary proponent of this "mocking marriage" of English Common Law with  Admiralty Law was Lord Mansfield, a former Scottish Admiralty Attorney who rose to favor and crafted the basis of British Equity Law in the years immediately before the American Revolution. 

The problem with British Equity Law is that is allows the judge to sit in place of the King, which displaces the traditional place and power of the Jury of One's Peers. 

Suddenly, a Barrister is King....  He can use "his discretion" to inflict the harshest sentence available under the written law, or he can soften the sentence as he sees fit, or dismiss the case entirely.  Just like the King of England might. 

Of course, this power is entirely seductive to the members of the Bar Association, and, as it turns out, seductive for the King as well: his minions can use their discretion to benefit him and his friends and the ruling class in general, and if by chance they go too far in their toady behavior, he, the King, can emerge as the savior from these abuses, his hands immaculately clean.  

So the idealists who sought to create a more perfect justice than the English Common Law provided, wound up creating something that was more varied, more precise, more mutable---more "sophisticated" in the bad sense of that word, but also far more prone to manipulation, abuse, and the currying of favor. 

Also, it must be said, that this new Equity Law totally violated another safeguard provided to individual people by the honestly executed Common Law--- judgment by one's own peers. 

England then as now is a culture dominated by culture. A man does not have to speak to be known in England.  Who and what he is, his education, his social station is worn like an armband or -- famously--- a "funny hat".   So the tradition of trial by jury of one's peers is a literal reflection of the fact that different strata of society have different standards, different knowledge, and different values. 

What is justice to a chimney sweep or a fisherman is not necessarily the same as the justice of a lord----or, and this is my point entirely---- a barrister. 

What one man regards are gross impropriety is commonplace to another.  So those of the same social class and profession and nation are unavoidably the "peers" that can most rightly judge the actions of another of their brethren.  

And, ultimately, this tradition of judgment by peers also yields the most accurate judges of the law itself, by testing a law against all social strata, all professions, all religions, all races---- to judge if it is truly fair and right in all their many eyes. 

When a jury of one's true peers is replaced by a judge, the power and purpose of jury nullification is also lost.  The Common Law of England and the Common Law of America both provide(d) for the additional safeguard of jury nullification.  Quite aside from judging the particulars of an individual case, true common law juries can judge the law itself, and if they find it unfair, unreasonable, or unjust--- they can throw it out.  

The legislature does not rule the people it serves, so long as the people have access to the power of jury nullification.  

This safeguard of the Common Law prevents oppressive, insane, arbitrary, or unfair laws from standing on the books and plaguing entire generations of people. 

So from the standpoint of preventing abuse of power by judges exercising their "personal discretion" for personal or social gain, and from the standpoint of ensuring that people are judged by their peers and not by someone alien to the realities of their lives, and from the standpoint of truly refining the law itself--- the Common Law stands superior in every respect, despite the occasions when Equity Law has provided true equity and justice via the good heart and wisdom of individual judges. 

With a clear insight now into the ways and means used by the British Territorial United States of America subsidiary to gain secretive control of American land and labor assets, and to also insinuate British Equity Law on American soil, it is thunderously apparent how "Equity Law" has been used to oppress the people and gild the "kings"---- those in Westminster and in Congress.  

If the object of law is justice and order, then Equity Law is the open door to feudalism, class strife, cronyism, and ultimately---though not in every case---- injustice, because by adopting British Equity Law, we adopt coercive power and place it in the hands of one man or woman, operating only according to his or her "discretion" --- which ultimately too often means "what I can get away with".  

It also leads to a perverse rewards system, in which those judges who make the most money for the court get the richest pensions and favors, and who are preened and petted for the choicest professional favors.  He who feeds the king---whoever and whatever the "king" may be--- gets fed in return, so in such a system, the natural affinities a man might have for justice too often get set aside in favor of his new vacation home, a college education for his grandson, or a new job promotion for his wife.  

The justice provided by one man can be bought or sold; it is only a question of --- at what price?   Therein lies another potent reason that British Equity Law fails the cause of justice--- it's relatively easy to buy, bully, or kill one man, but the bulwark of a thousand years of Common Law?  That is not so easily swayed! 

Also, finally, and this is most telling, too---- without Jury Nullification doing its after-the-fact pruning and proving of the Legislature's work, laws proliferate like dandelions in spring.  

It seems to be a universal plague of nature that men who are elected to the legislature think that it is their business to pass laws for other men to live by, and if at least ten such mandates do not carry their names and approvals each session, they think they aren't doing their jobs.  

I did a random study here in Alaska some years ago and found that the legislature was passing between two and three hundred new laws per year.....3000 new laws, give or take, per decade. 

What, ho?  Are we really creating so many brand new point sources of evil and mayhem that it takes 200-300 new laws every year to keep things in order?  And who is going to learn all these new laws?  And who is going to pay for their enforcement? 

Without the operation of Jury Nullification operating in the background, these laws just burgeon and accumulate, like a cancer growing in the dark.  This is why at last count, the federal government and its agencies were busy trying to enforce 80 million laws.  

Think about it.  Seriously.  Eighty million laws.  

This is yet another dangerous and undesirable result of adopting British Equity Law and allowing it to run rampant on our shores.  It denies jury nullification and results in this unbridled growth and proliferation of laws that simply stay on the books and appear to breed ten new volumes every year.    

Somebody has to pay for enforcing all those laws, and plainly, it has already reached the point where any attempt at fair, competent, and universal application of such laws is impossible. Nobody has the ability to know and obey 80 million laws, so they are (a) meaningless or (b) arbitrarily and sporadically enforced, which gives rise to more injustice and more police incompetence and other social evils and costs too numerous to contemplate. 

I once estimated that if the current Alaska legislature did nothing but review and repeal laws already on the books, it would take them ten years to arrive at a reasonable number of laws that could be provided a reasonable amount of enforcement.  Ten years of legislative sessions, just to clean up the mess that would have been taken care of by jury nullification otherwise? 

Prone to corruption and difficult to correct is a recipe for failure no matter what idealistic goals might otherwise be espoused, and all that is quite aside from the fact that the American people are owed the American Common Law.  

American Common Law, unlike its British Cousin, didn't suffer the disadvantages of the British Equity system.  At worst, it was simply elbowed out of the way and left in relative disuse by the quiet, improper proliferation of British courts on our shores.  

Wrapping up with my first comment-- it's not British, it's not Equity, and it's not Law--- 

British Equity Law isn't British in the same way that a mixed breed dog is neither this breed nor that; the English Common Law is what it is, but Admiralty Law comes from the far corners of the Earth, an ancient amalgam that belongs everywhere and nowhere, with roots in the trading practices of Sumeria, Babylon, Egypt, Mycenae, Crete, Africa, India, China..... 

It isn't equitable, either.  What is equitable about men submitting themselves "in trust" to another man who is not impartial, not likely to be their peer, and who has profit motive to sheer them both? 

And as for being Law---  Law is based on timeless religious and ethical principles, not the opinions and individual pet peeves and petty concerns of men caught up in the exercise of their own spleens and the commerce of political power. 

So, no, it's not British.  It's not Equity.  And it most certainly is not Law. 

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16 comments:

  1. Good argument , attorneys love equity like a processing plant sheep in product out.

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  2. There is a new unwritten, unpublished and non-legislated law that has crept its way into our legal system. No President has ever signed it into law. This new law is entirely repugnant to the Constitution but it is so powerful that there is no remedy to this law and no way to overcome or counteract it. This new law goes like this:
    "No one gets a free house."
    This "law" is used every time without fail by foreclosure attorneys against homeowners, some with very good and solid defenses, and wholeheartedly supported by those supposed referees in black robes who have a fiduciary duty to be fair and impartial but rather choose to rule from the bench in complete support of the attorneys and their bank employers regardless of any evidence to the contrary.. As you realize by now, there is no such “law” anywhere on the books. Nevertheless, every foreclosure judge in this country rules on it as if it is the law of the land. No matter what defenses a homeowner has, valid or not, they are overruled and bulldozed under by this contrived law that does not even exist. What the attorneys and judges fail and refuse to admit it that it is the bank that is the one trying to get a free house. The bank never invested one dime of their own money, withheld the applicant's funds created by their signature, loaned their own money back to them, made them sign a statutory staple future investment contract disguised as a mortgage, waiving their right to trial by jury, sold the Note into a REMIC trust, never gave the applicant and homeowner their due credit and are now looking to get a free house on top of it all by swindling the homeowner and taking his very home out from under him and his family by conversion and failure of consideration. This is nothing more than the pure and organized crime of theft by deception orchestrated by legal actors under color of law.

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    1. This is especially true in California...!! They have been told here that all foreclosures will be granted to the Banks..!!The only time our justice system acts on anything is when millions of people have already been damaged by fraud, whether it's from the banks, the mortgage companies, the title companies, or just private people who start a "site" just to fraudulently send a person for money...what idiot puts "fraud" so low on the criminal list of crimes that no one cares about it until millions have already lost their life savings to it.....Fraud should be up the criminal scale right under murder...because it is murder...they get away with "civilly killing" people rather than actual murder...but make no mistake, they both "KILL" the victim..!! That's why I said that Fraud, should be the highest and most adjudicated crime in our courts because it is the basis of all other crimes that take place because of it...!! Another thing is when the Common Law was first instituted, people were actually peers of the defendants who personally knew him because populations were small villages back in the day...now we have more people in a high rise than used to exists in entire towns..!! There are no true peers anymore. In fact, most people today don't even know their neighbors...!! But even if there was peers they would have to know law, and there are maybe 1% of any population that even know law, let alone the facts..The BAR ASSOCIATION is directly responsible for deceiving the public both about law or equity, until people have become so fearful of consequences that people have been a secondary consideration when a driver runs someone over and then just keep going instead of checking on the victim..!! Our juries today are worthless...they aren't even smart enough to judge the facts (If they are indeed facts and not just made up), let alone the law which is tru ely alien to everyone but attorneys...Law should never be "private"..everyone should have the right to be able to go to chambers, not just attorneys..!! That's where all the back handed deals are being made for the defendant without his knowledge...Even QE2 was instructed in the bible she supposedly signed, said that she agree to never legislate any laws other than the laws God gave us and to never add or subtract one outside of God's laws..she signed that at her coronation and what did she do immediately.....create a ton of legislated laws...the Queen is a complete fraud , first for betraying her promise to the people, and second used a false stone of Destiny for her coronation..!! Well if she is a fraud (And was proved) than there are no lawfully seated judge because their license can only be of value if a true "Soverign" sanctioned it...She was proved a fraud back in 2011 in the case...Regina v JAH!! So why aren't we using this case to bring charges against both the American and Brittish BAR Associations...??? Forget Equity, I demand "Parity" with everyone in the courtroom if there is going to be any justice in a court...!! There are no men or woman that can claim complete innocence over anyone because everyone has sinned in God's eyes...so how did a criminal syndicate get all this power..we need a case on the books to bring down our judges and most attorneys....!! I don't know how many times I have to say it, but I guess one more time is needed....we need to get rid of that "WALL"(the judges) once and for all...Make every court a small and big claims court, with no attorneys allowed, but counsel is..!!

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    2. 1freeman, They can't allow too many victories when it comes to mortgages. If too many people get a free house because of the fraud, the entire monetary system is exposed for what it is and the true creditor(s) will be exposed. They see it as an existential threat to the established order. I have no doubt that some of these people mean well (in a criminal sort of way) and wish to prevent the mass chaos and social upheaval they are quite sure will result from such an outcome.

      The monetary system and the energy sector are their Achilles heals because there are alternatives to both. Imagine the power shift that would occur if free energy technologies were released to the world. Throw in an honest system of exchange and a justice system that actually seeks justice and they lose ALL of their power. They don't want that and will do ANYTHING to prevent it. The mighty kings, the High Contracting Powers, will be just like everyone else. That is where we are.

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    3. Where we are is EXACTLY where we need to be. This Totally corrupt, deceptive, DEBT-based monetary system MUST BE SEEN in ALL its LIES and dishonesty so that HONESTY will once again prevail. Thousands of years ago, an honest coin or receipt was issued for various products, mostly like grain. This HONEST, valuable coin was counterfeited and then the honest people took the dishonest money for real...and then the shit hit the fan ....SLOWLY...over time. The people making the counterfeit coin or receipt got away with the deception...and since they could, they continued. They and their families continued the deceptions. TODAY, four thousand years later, the whole thing is a SCAM. A HUGE Ponzi scheme....BUT EVERYTBODY Thinks the deceptive money in their wallets or banks accounts is real. It used to be....but no longer. WHY?....simple...tell a lie long enough and it is believed to be the truth. Signed: David Snieckus: author of the upcoming screenplay: THE GRAND SCAM. (contact him at davidnieckus2@gmail.com)

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    4. 1FreeMan....the banks even stole from the REMIC trust..!! They stole from everyone while the "feeding" frenzy was going on...and every agency that was put in place to stop this kind of greed, just went along with it...hell of everyone else is doing it why shouldn't I get a piece of it....was the motto of the day...until it went bust!! Then everyone had to cry to our corrupt Congress for an economic emergency (What is the fancy word they used...a stimulus something)..well you know the water is creating nothing but early alheimers patients...!! Lol.

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    5. There is an International agreement in place between the US and China that supersedes any defense one offers as a defense to save their house from foreclosure in California and Hawaii. Since we owe China over 2 Trillion dollars and are holding a lot of our treasury bonds, our gov't agreed to the state of California and Hawaii to China and everything on the land in both states. That means all buildings, houses and property belongs to China. That's the real reason no one can win a foreclosure case in these two states. The attorneys for these banks know this, and are protecting China's interest for them. The only thing you can do is buy some time by filing some paperwork or maybe ask them for the claim. They do not have a claim on your all capital name. You are the authorized representative and beneficiary of your Estate. If they have no claim, file a 12 (b)(6) motion: Motion to dismiss for failure to state a claim upon which relief cannot be made. Good luck.

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  3. +1FreeMan: There was no loan and I know of no homeowner going into court and Denying they received a loan. There is No REMIC via Form 1066. The "Borrower" owned the house free and clear at closing read Borrowers Covenants on the quitclaim mortgage deed of trust.

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    1. This comment has been removed by the author.

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    2. All you really have to do is ask the title comp. for "The abstract of title" and it will say right on it in a red stamp, "PAID FOR"!!! What else do you need..!!

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  4. Equitable Title trumps Legal Title everytime.
    Being the case, establish equitable title interest and become the Creditor.
    As far as actions against the man as DEFENDANT, the man must invoke common law due process and get denied due process to remove the Babylonian equity jurisdiction from converting the man into the asset for suretyship and accommodating party.
    https://www.biblebelievers.org.au/babelaw.htm

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  5. Thank you Big Blue and Free Man. Too late for me but hopefully between you two and Anna maybe others will fare better and keep their homes. The truth will out! And the truth will set us all free......and soon!

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  6. Our system is one in which the people elect legislators who ostensibly reflect their values. Because of this process the concept that “Ignorance of the law is no excuse” was deemed legitimate. The only way such system could function properly is if lawmakers were able to propose legislation only after having received a mandate from the people. This, however, is not the case.

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    1. Not only that James, but in order to say "ignorance of the Law is no excuse", you first have to teach everyone law in our public school systems..!! Right!! Makes sense doesn't it....common sense!!

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  7. The Regime Debt aka National Debt is Evil and Detrimental to the US economy. No matter how many bogus law, I don't care since there are over millions pieces of evidence, that the Bancorp's and Gov't never lent a dime, and they never answered. They issued so many Bonds (I.O.U's/Blank check to draw against us) annually, and certificate of investment, and other names similar to our dual-purpose note they tricked us to sign, to steal our credits, supported by HJR 192, Exc order 6102, referenced by Title 31, Section 3123 where it said Act of June 5, 1933. << You see here, the Deep State made a reference to HJR 192 indirectly. So we do have unlimited credit they stolen to offset their fictitious debt (now they build up to wash off that odious deb and run).
    I see 3-4 logics are true here; that did sell USA to UN and IMF, All national parks owner names got transferred to UN by GWBush. Now in 2018, we see the corrupt GOv't is eager to stir up WW3 so they can have these 4 benefits: 1) To kill off their opposers, priority creditors inside out, 2) If Russia and China died out, then they grab the whole world. 3) A good number of Americans will die, they knew this and prepared to claim for Insurance benefits, they already assigned themselves as our beneficiaries. 4) While WW3 is going on, they'll let UN in by pretending to protect us, to remove our guns.

    How can you not see all of these against us?

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  8. James Courtade: we cannot win if we keep playing their Judicial/legislative Fraud/Games forever. Who has the time for their money-and-false-law games? Their annual Legislative law is out annually, they are part of Admiralty+Maritime law of their foreign masters, see Title 31, Sect 3124, page 197, a Maritime Commissioner mentionned, eliminated slowly over time.

    I support Judge Anna Discovery with overwelming facts.
    http://www.paulstramer.net/search?q=England

    Sorry but their corruptions are in their blood, transpired into our 1% party.

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