ECCLESIASTIC COMMONWEALTH COMMUNITY
ECCLESIASTIC COMMONWEALTH COMMUNITY
Home | Profile | Register | Active Topics | Members | Search | FAQ
Username:
Password:
Save Password
Forgot your Password?

 All Forums
 The Roman World
 The Common Law
 "saving to suitors" clause of 1789
 New Topic  Topic Locked
 Printer Friendly
Previous Page | Next Page
Author Previous Topic Topic Next Topic
Page: of 10

Lewish
Advanced Member

uSA
496 Posts

Posted - 01 Jan 2004 :  01:25:01  Show Profile
David,

You dropped the first 1 when you repeated it.

Here is how it goes:

1
1,1,2
1,1,1,2,2,3
1,1,1,1,2,2,2,3,3,5

This is the standard Fibonacci Series. Or at least, it is the way I learned 30 something years ago in college. This is the number string I used in the design of a turbine blade.

Lewis
Go to Top of Page

David Merrill
Advanced Member

USA
1147 Posts

Posted - 01 Jan 2004 :  01:30:18  Show Profile

I think I see it. Like a graph. The commas are equidistant; a standard number line.

Thanks again,

David Merrill.
Go to Top of Page

Manuel
Advanced Member

USA
762 Posts

Posted - 01 Jan 2004 :  01:40:16  Show Profile
Greetings In His name, Yahshua,

It doesn't take long to figure out when one enforces "CON-stitutional Rights," that if it goes against the grain of the "public policies" the impostors have fradulently enacted, the Rights stop before you even enter that building. They might hand you some "bones" to keep you quiet, but as far as leaving you alone and releasing loved ones caught in their trap, and getting the willing conspirators out of the picture, and or punishing them, therefore exposing themselves also, the answer is never, for tyrants never admit they are tyrants nor open up their can of dead worms.

If there is good out of all this... it is that some believe so much in freedom, that it doesn't take long to realize that it does not exist where they "imagined" it did. And that my friends... Is Liberty!

Knowing the terrain after you have landed, is the vital step towards reality. Which brings to mind the quote from Emile Zola from J'accuse which stated:
"The truth is but a seed, that if you bury it under the ground, it will but eventually grow and blow everything out of the way."

Dios En Vosotros,
Manuel
Go to Top of Page

David Merrill
Advanced Member

USA
1147 Posts

Posted - 01 Jan 2004 :  09:59:26  Show Profile
Again that smacks of paranoia. ["CON-stitutional Rights," is probably quoted right out of that paranoid article "The Myth of the Ages".] What you lack is forum shopping. And maybe a good understanding of arraignment and contract interaction. Of expediency and necessity (War and Emergency Powers 1933) the arraignment takes place on the side of the road (see footnote). You are asked to sign a contract admitting you will plead guilty by paying or appear in that forum. Adjust the terms. Strike through the wording in the signature box until it says something you like before you sign it. If you think the policeman will go postal, do not worry. Under such conditions you have a grace period to reconsider your signature (72 hours according to the UCC). So refuse for cause timely. Return the presentment refused for cause to the chief of police.

I will not substantiate your paranoia. It is self-destructive for you to entertain it. And believe me, I am not going back there with you! It's like trying to force a drink on a recovered alcoholic.


Cause and effect. That is important. It’s actually an aspect of timing.

An attorney in Oregon (recused federal Judge) was trying to get some argument so he said in a “MINUTE ORDER” that if the suitor entered the non-responsive “Refusal for cause” the action would be dismissed. So I saved it. It has a big red “Refusal for cause” across its face. The point being that it is not a responsive thing, refusing for cause, because it is a pre-extant God-given unalienable right. Of course physics demands that you have a presentment in your hand before you can properly refuse it for cause and give it back to the presenter. But with responsive actions before a court, you plead, or you move (motion). A refusal for cause from your court does neither to the lower (recused) court.

We find a great model in the Bible. Moses becomes outraged and destroys the remedy to the Golden Calf dancing by breaking the Tablets. God agrees and says he will destroy these Abrahamites and Moses will become the progenitor of the (now Moses’ Covenant; for Israel to be a light to the nations). Moses sees the task at hand compounded by the God of Israel destroying all the Israelites so he begs God to give him another chance. This time, Moses administers the remedy and the Israelites have an entire Levitical code (the Torah) stacked on top (613 additional laws) to keep them in line. My point is that Moses had to go through a transition in thinking about cause and effect.

If you think that refusal for cause will not be effective, it wont. I know a guy who then called up the attorney and asked if it worked. The attorney said, “It means nothing to me.” So he subjected himself to the statute. A lot of folks have tried refusal for cause and then they realize some time down the road they have never heard about that issue again. Once I scratched it on a parking ticket and chased down the ticket witch. He wouldn’t take it back but he did initial my refusal. I mailed it to METRO and never heard about it again.

The $150 receipt with your federal case number (counterclaim or libel of review) in admiralty secures the U.S. Courthouse clerk to file your future refusals for cause. This instruction letter goes with a copy of the refusal into your case jacket - evidence repository. It explains itself:


Petitioner
street address
Colorado Springs, Colorado.
[zip]

United States District Court Registered mail # RA XXX XXX XXX US
for the District of Colorado
901 19th Street - A105
Denver, Colorado.
[80294]

Dear clerk;

Please file this refusal for cause in the case jacket of Article III case 03-XXXX. This is evidence if this presenter claims I have obligations to perform or makes false claims against me in the future. A copy of this instruction has been sent with the original refusal for cause back to the presenter in a timely fashion.

Certificate of Mailing

My signature below expresses that I have mailed a copy of the presentment, refused for cause with the original clerk instruction to the district court and the original presentment, refused for cause in red ink and a copy of this clerk instruction has been mailed registered mail as indicated back to the presenter within a few days of presentment.

_______example________________________
Petitioner

Presenter’s name Registered mail # RA XXX XXX XXX US
Address
Anywhere, State.
[zip]



Regards,

David Merrill.

Footnote: For the really confident. Most of these nisi pruis tribunals confirm the policeman's arraignment with an FAC (First Appearance Center) hearing in which you sign an agreement about your punishment upon conviction. Strike through the terms; the jail and fines. Then you can have all the fun of the trial, getting to try and convince six of your (NOT) peers about this and that. When they convict you, you leave the courthouse.

P.S. I feel I owe you all a debt of gratitude. The paranoia is the major stultifying factor inhibiting conveyance of the original estate to the heirs apparent. I think this forum, locked down, gagged or not, is very productive. This is going faster than I thought.

Edited by - David Merrill on 01 Jan 2004 11:27:56
Go to Top of Page

Manuel
Advanced Member

USA
762 Posts

Posted - 01 Jan 2004 :  14:12:56  Show Profile
Greetings In His name Yahshua,

The Myth of the Ages?

No my friend/foe, there are no myths regarding what is happening at this time. It is not a paranormal experience nor is it a paranoid dillusion to know what stands between those seeking liberty and the public policies driven right through the soul of this nation and the world.

For the sake of edification, I tell you that the biggest draw back is the family. Property, traffic, citations, and "things of that nature" are material.

His Grace be upon you, I am,
Manuel
Go to Top of Page

David Merrill
Advanced Member

USA
1147 Posts

Posted - 01 Jan 2004 :  15:12:23  Show Profile

It's Yehoshuah, not Yahshua. Yahshua is the verb, "to save". Yehoshuah is the contraction Yeho-Yashuah "God has saved" or "God is my salvation".

David Merrill.
Go to Top of Page

Manuel
Advanced Member

USA
762 Posts

Posted - 01 Jan 2004 :  15:42:09  Show Profile
Tell me David, if you will... all these band-aids you have been teaching regarding property, traffick, citations, and those nature of things... how do they hold up to Living Souls when confronted by the public policies against family? If the family is divided, how can the family seek protection from within when they have been divided?

In Him, Yehoshua, I am,
Manuel
Go to Top of Page

Bondservant
Forum Administrator

382 Posts

Posted - 01 Jan 2004 :  16:37:03  Show Profile  Visit Bondservant's Homepage
If I might chime in briefly here...

Brother Manuel, few have come through the worldly traps we have in our own separate paths, so it is hard for those still caught up in fighting the world on the world's terms to understand the depth of what you are saying. As both of us have gone through ungodly and leagalistic court "judgments" that have done their best to destroy our children and families, we have learned and been given His Knowledge to understand that Caesar's legalisms are not our venue; and to practice our Right of Avoidance against such ungodliness of the world by leaving all behind to come out of the worldly whore system as best as we can. Caesar's tendrils are everywhere in the world and not all can be avoided, but to walk into their legalistic traps voluntarily is certainly a step neither one of us will ever take again.

Tu buen hermano en luz vida,
Michael
Go to Top of Page

Manuel
Advanced Member

USA
762 Posts

Posted - 01 Jan 2004 :  17:00:05  Show Profile
Mi hermano En El, Michael,

True my friend. Thank you for bringing His Light.

Al pan, pan... y al vino, vino. Viva Christo, El Rey.

Manuel

Go to Top of Page

David Merrill
Advanced Member

USA
1147 Posts

Posted - 01 Jan 2004 :  17:31:38  Show Profile

Dear Manuel;


No. I wont [entertain that I teach bandaids].

Bondservant is right. Not all can be avoided. I teach that one's ability to avoid unwanted contracts is as important to property rights as the ability to contract at all. Therefore avoidance is covered by the sanctity of contract doctrines (including the UCC) and the God-given unalienable rights doctrines inherent to the founding documents for this nation. I also seem to have to remind people a lot that I cannot read minds, predict the future or control what others do.

But process properly treated delivers amazingly consistent results. Much better than Band-Aids. I have been around the block too. It is satisfying when a real "veteran" dealing with a presumed public policy arraignment for twenty or thirty years reads his counterclaim and says he has been waiting for this; wishes he had come across remedy years ago.

Remedy without cure is useless. Band-Aids do not cure; they simply keep the wound clean and infection free.



Regards,

David Merrill.

P.S. Manuel. It seems that you have an ongoing custody issue. Process works for anything because it underlies everything. I have had good experiences with international custody (Hague Treaty) issues. But it got messy in the interim, yes indeed. But James still enjoys full custody of his son, Andrew who visits with his Canadian mother for holidays.
Go to Top of Page

True North
Advanced Member

USA
163 Posts

Posted - 01 Jan 2004 :  17:38:37  Show Profile
quote:
the one disrupting the trust?” I wonder if you said that by accident or you know what you said.

Thank you for taking the time to read, understand and respond to my post. It is partially due to the writings of those of this forum and your postings here that was culminant to my understanding that it is 'our' trust. The maxim that Law doesn't change has provided the tenacity to continue.

It's sad that this part of the ecclesia (those that participate in this forum) allow one to have to experience a 'devouring' of that new one's posts before we can open our ears to the posts. I apologize to you David Merrill for my part in that 'allowance'. Lewish and Livefree are indispensable to the body but we have all become frustrated, partly from semantics. 'We' knew what you were saying about being pathological liars but each of us 'knew' it only from our own perspective. We have covered the subject of nom de guerre numerous times. The legal basis has been illusive, you made it clearer with the legal dictionary definitions.

Identity indeed is a big part of the problem. We have only lightly considered the implications imperative of being adam, the blood of Yah. (Leviticus 17:14) Alef, (in my context), being Jah and (dalet, mem) blood. But I'm off topic.

The gematria or mathematics of the logarithmic nature of echad (one) is very interesting. Please continue with your observations or start a new thread for the same. How does the HVHY (Yod, Hey, Vav, Hey) fit the logarithm? I am somewhat mathematically challenged with what you presented, (as well as understanding how the standard Fibonacci Series equal 360 degrees Lewis).

1
1,1,2
1,1,1,2,2,3
1,1,1,1,2,2,2,3,3,5

I would like to understand this.

P.S I have to read your posts several times David Merrill, to assimilate and comprehend, so don't give up on me please.

TN
Go to Top of Page

Bondservant
Forum Administrator

382 Posts

Posted - 01 Jan 2004 :  17:57:57  Show Profile  Visit Bondservant's Homepage
quote:
Lewish and Livefree are indispensable to the body but we have all become frustrated, partly from semantics.
How true for the great majority of us participating in the ECC Forums! We have ALL dealt with the legalistic traps of the Babylonian world, and I'm sure I'm not exagerating when I say that most if not all of us have been badly burned by that legalistic fire. Add to that a dose of semantics and a salting of corporate Churchianity, and we all put up our walls and shields to protect that Godlike dignity and Creator Love that remains within us. For someone like David Merrill to deal with the ungodly legalisms - while maintaining a firm foundation in mind and spirit in the Christ - is a nearly impossible task... just the same as those of us who have been wounded by the ungodly world must learn to keep our hearts open and not become cold as a reaction to it all.

My brothers and sisters, let us all remember to keep our Hearts in His Living Light regardless of how deep the wounds may be that we have suffered. If we cannot inter-relate to one another from our Inner Being in Christ, then we cannot call ourselves the Body of the Eternal Light and Logos of God. We must all lower our shields of worldly protection when dealing with other members of His Glorious Being and ecclesia...

A HUMBLE SPIRIT OFFENDS NO MAN.
Go to Top of Page

Lewish
Advanced Member

uSA
496 Posts

Posted - 01 Jan 2004 :  21:42:38  Show Profile
Hi TrueNorth,

Not the whole Fibnacci Series. Only the first ten elements. Get out you handy pocket calculator and punch in 1 times 1 times 1 times 1 times 2 times 2 times 2 times 3 times 3 times 5. You will find that it multiplies out to be 360.

Hope that helps,

Lewis
Go to Top of Page

David Merrill
Advanced Member

USA
1147 Posts

Posted - 02 Jan 2004 :  00:14:25  Show Profile

Thanks True North, your responsible posture about "priests and kings" being more than honorary theoretical titles encouraged me that I was being of benefit to the Ecclesia as well. This has certainly been a beneficial experience for me.

It is the critical mass I am gauging. There are several factors around the timing. Responsibility (compos mentis) is a big one. I watch people become whole (healed). I watch them recover and take responsibility for cleaning up and preventing nuisance suits and the subsequent nightmares; nipping them in the bud at the mailbox. I see them befriend government as the useful tool it was always intended to be.


Regards,

David Merrill.

P.S. I was burdening the Admin with the image files. The answer to that numerical question on YeHoVaH is best explained in a .JPEG file I was hoping would get posted with that math treatise Reply. I sent the images for the math treatise to Lewis and maybe he can get a link set up for you to download them.

Edited by - David Merrill on 02 Jan 2004 04:51:41
Go to Top of Page

David Merrill
Advanced Member

USA
1147 Posts

Posted - 02 Jan 2004 :  10:28:47  Show Profile

Tips:

1) get a new Driver License but sign it truthfully. Say it is a digitizing box about 1" x 2". Sign your true name in the top half followed by DBA (doing business as) then in the bottom half write it out exactly as the computer prints the all upper case letters. Now you are set up for refusals for cause on tickets because it is the man or woman speaking. You show you have recovered from the identity crisis.

2) remember the clerk instruction?

Petitioner
street address
Colorado Springs, Colorado.
[zip]

United States District Court Registered mail # RA XXX XXX XXX US
for the District of Colorado
901 19th Street - A105
Denver, Colorado.
[80294]

Dear clerk;

Please file this refusal for cause in the case jacket of Article III case 03-XXXX. This is evidence if this presenter claims I have obligations to perform or makes false claims against me in the future. A copy of this instruction has been sent with the original refusal for cause back to the presenter in a timely fashion.

Certificate of Mailing

My signature below expresses that I have mailed a copy of the presentment, refused for cause with the original clerk instruction to the district court and the original presentment, refused for cause in red ink and a copy of this clerk instruction has been mailed registered mail as indicated back to the presenter within a few days of presentment.

_______example________________________
Petitioner

Presenter’s name Registered mail # RA XXX XXX XXX US
Address
Anywhere, State.
[zip]

This is designed to use the Postal SERVICE as your process server for a fraction of the price as hiring a professional private process server. You are the judge. If this passes muster it works in common law. Registered mail is under lock and key all the way to the recipient and the clerk is over 18 and not interested in the case. So stick Certificate of Mailing @ .90 in stamps on the face of all three documents (the original refusal has a copy of the clerk instruction [back to presenter]; a copy of the refusal and the original clerk instruction (with red thumbprint) [to U.S. court clerk] and you will leave the post office with a copy of both. All six documents if you want to splurge have an 80 cent and 10 cent stamp. But have the clerk rounddate all these stamps. You are just buying certificate of mailing but these don't get lost. The certificates that go into the envelopes are superfluous because there is no need to certify if the recipient is holding the postal matter but the recipient now knows you have retained Certificate of Mailing for yourself (your copies with cancelled stamps). In addition, get the Registered stickers in advance so you can neatly print them into the document before you go to the post office. Prepare the envelopes in advance and ask the clerk to verify the accuracy of the registered numbers by rounddating the numbers on all the documents. All three get the exact same treatment. Now one recipient (the presenter) has evidence you really sent the copy of the refusal to the courthouse and into your evidence repository. Also if you are purchasing a Postal Service Money Order to pay a filing fee or whatever, a helpful clerk will rounddate the money order amount on the document (all copies) too. I have seen cumulative thousands of dollars saved this way.

It takes a few times before it feels like the mathematics makes sense. Then this becomes applicable, covering the bases so to speak, in all courteous (COURTeous) behavior. It is possible to prove something happened and get that event recorded before the cognizance (and culpability) of the United States, which was formed for one purpose; to protect your property from false foreign claim. At first it strains the brain, like learning to do long division, but it is worth it and when mastered, can save a lot of stress.

3) if a decision requires paperwork, you have not made the decision until the paperwork is executed. Most of you will agree; if you execute the decision fully immediately that is followed by an immediate sense of relief. Do not give yourself ulcers. If the final execution is awaiting the post office to open, get it ready for the post office before you rest. Be there when they unlock the doors. Do not stress yourself by procrastinating. Timely process is process. If you dishonor the process you are using to protect your property by procrastinating, expect your clerical expression (the very existence of your court in competent common law) to be as sloppy.

4) the county clerk is the best expression of your court. Some locales experience what I call "common law phobia". Figure it out. You need to publish your rulings, judgments and opinions and there are at least five or six ways to get this accomplished. You may use the admiralty (the U.S. Courthouse) but only as a conduit to notify, and inform foreign agents. Otherwise the case file is a simple evidence repository for future refusals.


Regards,

David Merrill.
Go to Top of Page

True North
Advanced Member

USA
163 Posts

Posted - 02 Jan 2004 :  11:16:46  Show Profile
Thanks for all the info Mr. Merrill

From Bovier's 6th (1856)
quote:
9. The libel is the first proceeding in a suit in admiralty in the courts of the United States.
In the interest of critical mass ... I have missed some of the baby steps. I hope not from laziness, but just a general mind block produced in part by public education (this is not an excuse just an observation of the raising of my consciousness level)... So if I've missed some of the baby steps, and study is imperative and continuous for me, others will have missed them also.

First assumption being that I have no suit(s) pending and I am just beginning to realize my position as a priest and king. So hypothetically having received a presentment in the mail from local government ... The presentment is obviously an admiralty claim against my assets and I have taken the steps to assure that no quasi or other contract binds me to this presenting entity. And hypothetically assuming that I sent the presentment back to the local government entity refused for cause written in red over the presentment and by certified mail (and your other suggestions I just read before this post). I then sent the district court a counterclaim or libel of review, (Bovier's has all the particulars as well) along with a certified copy of the presentment.

So my question ...
quote:
The $150 receipt with your federal case number (counterclaim or libel of review)
... the $150 is obviously the filing fee for the case but the federal case number assumes a prior suit filed does it not. The answer (providing I have not left something out) is obviously to ask for a case number to be assigned to the case jacket. What am I missing? The concept of evidence repository is new to me in wording only, I understand exculpatory and other evidences. Where does the case number come from if there has not been a prior suit filed and therefore an already existing case jacket. I assume I must ask for a case number to be assigned before filing my evidences. So this means a trip to the district court house in person to get the next current case number?

P.S Thanks Mr. Lewis, I apologize for taking advantage of your generosity, to have to have you spell it out for me. My own laziness, sorry. 1,1,1,1,2,2,2,3,3,5 = 360. I appreciate the enigma of the info, more to ponder ...

TN
Go to Top of Page

David Merrill
Advanced Member

USA
1147 Posts

Posted - 02 Jan 2004 :  11:56:07  Show Profile
You have not missed what is not plain. I posted the counterclaim (libel of review) with a brief introduction for a couple days. A couple people read it but no Replies. So I removed it and began with this lengthy introduction. Hopefully by your paying attention to all the points of process I have been saying, when I post the entire counterclaim, you will understand it much more fully.

You didn't miss any babysteps. I just wanted to walk people through some babysteps before serving the meat.


Regards,

David Merrill.


P.S. True North. "What am I missing?"

The counterclaim of course depends on a previous court action. Think of your (government's) mailbox as an extension of the district court. These presentments if not properly treated (refused for cause timely) have been proven hostile in nature. Therefore you frivolously treat the presentment as a suit (it is a suit). Therefore the counterclaim is based on the fact that the presenter is exercising a potential claim without filing in the district court building. The counterclaim is frivolous but gets the first refusal for cause into the evidence repository.

Quit externalizing your problems, projecting responsibility upon "them" who are involved with some elaborate conspiracy. Conversely, stop looking to the bereft and bankrupt for approval and authority to run your court. If your counterclaim gets dismissed that afternoon for being frivolous, fine. You have the $150 receipt and a bond upon the clerk. He is in contract to file your future refusals for cause. The "Judge" in parenthesis since he just recused himself as a bank agent did nothing to invalidate the refusal for cause wrapped in your frivolous counterclaim. The original refusal for cause in red ink on the original presentment is inside the counterclaim served with the authorized federal summons on the presenter. See? But now in 21 days after service, you will sign with your true name and thumbprint, a true default judgment and file it with your (common law) county clerk. Then you will file that original into your case jacket in the district court.

P.P.S. True North - I looked over your question and may have missed giving a clear answer. Yes you file and acquire a civil case number. Access to the Admiralty since about 1980 is exclusively through civil suits in the district court. It is a bit unfair because you invariably get falsely branded Pro Se by the clerk. You do not care about that because you just have to pay attention to process in your own court. The U.S. Courthouse is a conduit into the Admiralty and international law.

Sometimes the clerk's deputy will bicker about the term "counterclaim" because there is no prior (filed) suit. If you cannot convince the deputy that is the point - the respondent failed to file as required by international law, then pencil in "Complaint" above the "Counterclaim" or better yet, pencil in, "Libel of Review".

But you will get a case jacket and a case number and be sure you leave the courthouse with an authorized summons and the copy of the counterclaim marked up with the case number and the "FILED" date and time stamp that has the red ink original refusal for cause to go to the presenter/respondent. Do not let the clerk keep that one! That is a mess when that happens. Here in Colorado we file the authorized summons at the county clerk in El Paso county (the Territorial capital) and take the receipt to the process server a half block away. The next day Tad picks up the original (filed) summons and puts it with the refusal for cause in the respondent's counterclaim (copy) and serves it, anywhere in the country via a network. Tad at Courier is careful to itemize 1) federal summons 2) Counterclaim 3) Refusal for Cause 4) 1861 Bill of Rights [de jure 13th Amendment]. Then Tad returns that (Writ of Return of Service) to the court in Denver and prepares a finish on the entire process within about two weeks for the suitor to pick up.


Edited by - David Merrill on 02 Jan 2004 23:10:38
Go to Top of Page

David Merrill
Advanced Member

USA
1147 Posts

Posted - 02 Jan 2004 :  12:45:57  Show Profile
I hope the style is still clear:

In the United States District Court
for the District of Colorado

________________________________________________________________________
}
Petitioner } Counterclaim
}
v. } - in admiralty -
}
Respondent } Re: God-given unalienable rights in the
} original estate - Article III; Constitution
____________________________________}___________________________________

Comes now Petitioner of the Nomen family making a special visitation by absolute ministerial right to the district court, "restricted appearance" under Rule E(8). Respondent has been making false claims and this counterclaim and notice lis pendens are now in the "original exclusive cognizance" of the United States through the district court - see the First Judiciary Act of September 24, 1789, Chapter 20, page 77.
Jurisdiction: In international law and according to the law of the land, agents of a foreign principal are required to file any pretended claim in the appropriate district court prior to exercising rights to that claim. The district courts have "exclusive original cognizance" of all inland seizures and this includes vessels in rem (Rule C(3)) such as trust organizations and legal names (abbreviated name. Nomen, PETITIONER NOMEN, Respondent, Paul O'Neill, John Snow etc.)
"...the United States, ... within their respective districts, as well as upon the high seas; (a) saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land,..." The First Judiciary Act; September 24, 1789; Chapter 20, page 77. The Constitution of the United States of America, Revised and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl. 1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741.

This fact of protocol - filing a claim in district court according to international law - is beyond dispute and extends into antiquity: "Meanwhile those who seized wreck ashore without a grant from the Crown did so at their peril." Select Pleas in the Court of Admiralty, Volume II, A.D. 1547-1602; Introduction - Prohibitions, Note as to the early Law of Wreck, Selden Society, p. xl, 1897. Even the IRS recognizes the protocol:
"Place for filing notice; form. Place for filing. The notice referred to in subsection (a) shall be filed -- with the clerk of the district court. In the office of the clerk of the United States district court for the judicial district in which the property subject to the lien is situated..." Title 26 U.S.C. §6323.

Respondent, acting as "City METRO officer – TITLE HERE" city of Washington, District of Columbia is agent of a foreign principal, a "foreign state" defined at Title 28 of the United States Codes §1603, and Title 22 U.S.C. §611 the Division of enforcement for the Department of revenue (for example C.R.S. §24-1-117 [Colorado]) under principal State Governor in convention with METRO organization a.k.a. Public Administrative Services Headquarters (PASHQ - signed for example by Edwin C. Johnson by John T. Bartlett; The Public Papers and Addresses of Franklin D. Roosevelt, The Year of Crisis 1933 Random House p. 21.) The Department of Revenue of course being the execution of bankruptcy proceedings against the citizens of the United States since 1933 currently formed "International Monetary Fund" and "World Bank" etc. - the State, City METRO municipal and police powers under United Nations charter law - protected by the same alleged positive law jural society (international treaty) exemptions home rule (of for example, Article VI and Article XX of the State of Colorado Constitution, “Transfer of government.”)
The district court for the District of Colorado has acquired exclusive original cognizance of this counterclaim for the United States because this is a federal question - a Constitutional matter involving a man on the land complaining about theft and kidnap - Title 18 U.S.C. §§ 661 and 1201 respectively and irregular extradition from the asylum state into the United States custody, treason - Constitution, Article III §3 and Title 18 U.S.C. §2381 by an agent of a foreign principal, creating diversity of citizenship - Title 28 U.S.C. §§1331 and 1333 respectively. The presentments (notification) are arbitrary and capricious clearly implying that if Petitioner fails to comply with the suggested terms there will be "law enforcement" actions by way of inland seizure. Speaking historically, the districts, formed in 1790 for handling the financial obligations of the United States could not come into existence until after formal expression of remedy in the 'saving to suitors' clause (1789) quoted above and codified at Title 28 U.S.C. §1333. The law is paraphrased in the Internal Revenue Codes:
"Form. The form and content of the notice referred to in subsection (a) shall be prescribed by the Secretary. Such notice shall be valid notwithstanding any other provision of law regarding the form or content of a notice of lien." Title 26 U.S.C. §6323(F)(3). emphasis added

The only excuse for the discretionary authority granted administrative agencies is the judicial oversight demonstrated in this invocation of an Article III court.
Law of the flag: Man is created in the image of God and to reduce a man to chattel against the national debt is an affront to God. Exodus 13:16 and Genesis 1:27.
Cause of action
CAUSE OF ACTION HERE. The subject presentment utilized for the claim was regular enough but Petitioner wishes to invoke judicial review "any other provision of law" and nullify any justification for any further such theft action - manifest in actual or threatened kidnap. The presentment(s) upon which the theft is based has been refused for cause timely (considering preparation of proper remedy) and the red ink original refusal for cause has been returned to Respondent in his copy of the counterclaim and summons. All other copies and the original counterclaim filed with the court have black ink (copy) refusals for cause on the presentment(s).
Stipulation of acceptable answer
The issue is simple. Agents of a foreign principal are required to file their complaint in the appropriate district court prior to exercising any claim against a man on the land. This is international and common law. Respondent must directly address the validity of the (telephone) certificate of search that clearly shows there have been no claims filed against "Petitioner" or any pseudonym through which Petitioner may be engaged in contract. The court clerk James R. Manspeaker (District of Colorado now replaced by Gregory Langham) obfuscated remedy by denying proper certificates so respondent and anyone else for that matter can easily research case history against Petitioner or any legal name. Respondent may call (303) 844-3433 to conduct searches and of course the Article III judge can research cases in chambers. It is however reasonable to say that if the respondent is moving on a valid claim and judgment in the district court then the respondent knows what case that this.
The United States is not a party in interest to this action. Any registered attorney responding for Respondent cannot be a citizen of the United States due to the de jure Thirteenth Amendment of the Constitution. A certified copy is attached and fully incorporated into this counterclaim. (The federal judge assigned this case is competent to adjudicate under Article III due to "inactive" status with the State Supreme Court attorney register.) Addressing the certificate of search is the only response that will be considered an answer to this counterclaim. Failure to answer will be met with default judgment for Petitioner according to the notice on the face of the summons.
Stipulation of remedy
The recourse sought is immediate exclusive original cognizance of the United States through the district court. This case is repository for evidence for injunctive relief from any future presentments and theft or kidnap actions from any foreign agents or principals. Though the theft/kidnap could be justified by notice and sophistry under the color of law of municipal structure, the proceedings have obviously been under the pretended authority of unconscionable contract and the recourse requested is proper. There is no excuse for the arbitrary and capricious attorney actions - debt action in assumpsit - that have confronted good men and women since the Banker's Holiday. Roosevelt implemented a "voluntary compliance" national debt (upon the States by Governor's Convention) but utilized the 1917 Trading with the Enemy Act to compel citizens of the United States to comply. The substitution of citizen of the United States for the German nationals on this land was against Stoehr v. Wallace, 255 U.S. 239 (1921) where the Court clearly expresses "The Trading with the Enemy Act, originally and as amended, is strictly a war measure..." - directly citing the Constitution Article I, §8, clause 11. The war on the Great Depression 1) does not count and 2) would only last the duration of the emergency if it did. Presentments will be treated as described by the following example of clerk instruction:
Petitioner
street address
Colorado Springs, Colorado.
[zip]

United States District Court Registered mail # RA XXX XXX XXX US
for the District of Colorado
901 19th Street - A105
Denver, Colorado.
[80294]

Dear clerk;

Please file this refusal for cause in the case jacket of Article III case 03-XXXX. This is evidence if this presenter claims I have obligations to perform or makes false claims against me in the future. A copy of this instruction has been sent with the original refusal for cause back to the presenter in a timely fashion.
Certificate of Mailing

My signature below expresses that I have mailed a copy of the presentment, refused for cause with the original clerk instruction to the district court and the original presentment, refused for cause in red ink and a copy of this clerk instruction has been mailed registered mail as indicated back to the presenter within a few days of presentment.

_______example________________________
Petitioner

Presenter’s name Registered mail # RA XXX XXX XXX US
Address
Anywhere, State.
[zip]

Respondent and all principals and agents are hereby properly notified. There is no governmental immunity to cover "law enforcement officers" who choose to interfere with our rights to the land and violators will be arrested by the U.S. Marshal according to Rule C of the Supplemental Rules for Certain Admiralty and Maritime Claims. Respondent and all principals and agents are left with their remedy:
COURTS OF THE UNITED STATES … 136. When a seizure has been voluntarily abandoned, it loses its validity, and no jurisdiction attaches to any court, unless there be a new seizure. 10 Wheat. 325; 1 Mason, 361. First Judiciary Act, September 24, 1789. Bouvier's Law Dictionary 1856.

Upon offense by hostile presentment after the inevitable default by Respondent (including all agents, principals and any and all offensive presentments), after fair notice by refusal for cause like the above clerk instruction a certificate of exigent circumstances will be issued pursuant to Rule C(3) Arrest Warrant and the clerk will immediately issue an arrest warrant for Respondent or named agent or principal to be taken into custody for the violations of law. Presentments of any kind from Respondent or any agent acting for the bankruptcy of the United States through the District may be considered hostile threat of seizure.
Stipulation regarding character and residential address
The use of a residential address is by right. All 'privileges' associated with postal delivery are compensated, usually prepaid in honestly won U.S. currency. Petitioner is not Pro Se and is not representing himself. The clerk shall not change the name of this suit on the docket from the name on the filing fee receipt. Petitioner retains the unalienable right to hold the district court clerk to the obligations to perform of file clerk for the United States working in the United States Courthouse. This includes the expectation that if and when this cause reaches default judgment against the Respondent, the default judgment will be filed in full cognizance of the United States and will appear on the docket as "Default judgment for the plaintiff." Petitioner is authorized by fidelity bond to file default judgment in lieu of district court action. Any such judgment will stand on the truth for validity. Any character assassination will activate Instrumentality Rule and pierce the corporate veil of the United States and all agencies. Usage of residential address is non-assumpsit and changes Petitioner's character not in the least:
The privilege against self-incrimination is neither accorded to the passive resistant, nor the person who is ignorant of his rights, nor to one indifferent thereto. It is a fighting clause. Its benefits can be retained only by sustained combat. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a belligerent claimant in person. Quote from federal judge Lee in United States v. Johnson et al. No. 11400, Middle District of Pennsylvania, 76 R. Supp. 538; 1947 U.S. Dist. LEXIS 3057, February 26, 1947. emphasis added

The highlighted bold sentence in the above quote admonishes against any clerk action that falsely brands Petitioner Pro Se - to imply that Petitioner is representing himself before the district court. Petitioner is responsible asylum state visiting his judiciary under Rule E(8). If an Article I (active attorney) “judge” is assigned this case or the Article III judge chooses to protect the fiduciary interests of the Bank and Fund, to act as an attorney under Article I, maintain silence:
“BANKRUPTCY. The state or condition of a bankrupt.
2. Bankrupt laws are an encroacbment upon the common law. The first in England was …” Bouvier’s Law Dictionary 1856.

All testimony will be without immunity - piercing the corporate veil and Instrumentality Rule. Petitioner is a man with God-given unalienable rights, one living and regenerate entity of sound mind and body.
No magistrates
No one may handle this case but an Article III judge. The nature of this cause is injunctive relief, albeit preemptive. Title 28 U.S.C. §636(b)(1)(A) cannot ensue, "...except a motion for injunctive relief..."

attachments fully incorporated:

1) Certificate of search on "Petitioner" from clerk of the district court is exempted due to falsifications by district court clerk James R. Manspeaker on such certificates. Respondent is provided with information to check for case histories
2) presentment from Respondent on or around XX/XX/XX refused for cause. The red ink original refusal is in the counterclaim served upon Respondent. The original counterclaim filed in the district court has a copy of each refusal
3) certified copy of the de jure Thirteenth Amendment to the Constitution





___________________________
street address
Colorado Springs, Colorado. [zip]
Addresses

United States District Court (303) 844-3433
for the District of Colorado
901 19th Street - A105
Denver, Colorado.
[80294]

Petitioner (719)
Street address
Colorado Springs, Colorado.
[zip]

Respondent (
Service address
Service city, State.
[service code]
SUMMONS IN A CIVIL ACTION
________________________________________________________________________
United States District Court
for the
District of Colorado
Civil Action File No.
Petitioner }
}
Plaintiff, }
} SUMMONS
v. }
}
Respondent }
}
Defendant. }

To the above named Defendant(s): Respondent; service address; service city, State; [Service code]

You are hereby summoned and required to serve upon

Petitioner
Street address
Colorado Springs, Colorado. [zip]

AND FILE WITH THE CLERK OF THE COURT
an answer to the complaint which is herewith served upon you, within 20 days of service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.

Gregory Langham - Clerk


_________________________________
Deputy Clerk

(Seal of Court)

Date:

Clerk, U.S. District Court for the District of Colorado; 901 19th Street - A105; Denver, Colorado 80294

NOTE: This summons is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure
In the United States District Court
for the District of Colorado


Re: _________ before judge ____________________ (inactive)

Default judgment

Respondent has failed to assert any claim to Petitioner by proving the certificate of search in the district court to be faulty or fraudulent within the twenty days stipulated. As stipulated on the summons properly formed and served;
You are hereby summoned and required to serve upon plaintiff, whose address is: Petitioner; street address; Colorado Springs, Colorado. [zip] AND FILE WITH THE CLERK OF THE COURT an answer to the complaint which is herewith served upon you, within twenty 20 days of service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.

default judgment is hereby entered and the injunctive relief sought in the counterclaim is awarded to Petitioner. Respondent is by law to forfeit seizure upon Petitioner's property and person. If Respondent fails to do so, a certificate of exigent circumstances will issue calling for Respondent's arrest in the cognizance of the State Department and Speaker of the House.
The round-date and certificate of mailing testify that certified copies of this default judgment were posted as follows:

United States District Court Registered mail # RA XXX XXX XXX US
for the District of Colorado
901 19th Street - A105
Denver, Colorado.
[80294]

Respondent Registered mail # RA XXX XXX XXX US
Service address
Service City, State.
[service code]

David Merrill

[I feel it myopic to offer any traditional services for hire to the Ecclesia. The "critical mass" I presume allows that you can incorporate this material into your own current experience and it will work. This material is for curing remedy, and the function of that is to improve identity and relationship in all aspects of our lives, specially with God and each other in Christ.]


Your case is for one primary purpose – to establish an evidence repository for refusals for cause on future presentments. Therefore stay focused on your court which has, at worst, concurrent jurisdiction with the federal judiciary. The moment the federal judge says anything in favor of the defendant(s) this is recusal and full authority is conveyed to the state – which in light of the 1933 bankruptcy, is you#. The authority is in the man or woman who publishes opinions, rulings and judgments on the county level through the county clerk and the U.S. Courthouse serves conduit for information and notices to the foreign agents in admiralty.

There are three major steps:

filing. The agents of a foreign principal have been making false claims because they (if you require it) are required to file their claim in the appropriate district court prior to exercising any such claim against a man or woman in this land. Therefore you are filing a counterclaim albeit an original action in the district court. If the clerk is confused, explain that it is because there has been no action in the district court that you have right to make a counterclaim. [Note: a $30 miscellaneous case jacket will accomplish the objective – evidence repository – but the suitor will forfeit the published default judgment and its ability to convince bankers, employers and credit reporting agencies that the presenter is proceeding on a false claim; garnishments, levys etc.]
service. At filing you will receive the summons(es) with authorization of the United States seal. Take this to a professional private process server. The United States Marshal or local sheriff can also handle this but not if you are suing a prominent official (like the Sheriff or City Manager). A private professional process server is preferred. If you are pressed for the fee, anyone over 18 uninterested in the case who can provide a notarized affidavit of service will do. But look for experience, “Are you a qualified agent of the defendant, qualified to receive process?” Someone who will get names and provide detailed descriptions on the affidavit.
default judgment. After 21 days the issue is ripe for default judgment. There is a bill of exchange on file with Richard Grasso NYSE since August 13, 2001 for all the money in the world to back your judgment by fidelity bond (secured confidence.) However, it is preferable to simply rely on the truth – that the defendant never filed in the appropriate district court prior to exercising a claim. Compared to the truth, the bill is only ink on paper; a representation of the Bible’s original estate belonging to the rightful heirs. Nobody has challenged the bill to date but confidence in the truth goes a lot further and requires no citing the bill.

Following and during the ripening of your judgment, you must be careful to understand that all mail material, including the envelopes are suits. Do not open anything from the defendant or district court (including no return address) that is to any other name than the name on the summons. Mark it “Return to Sender. Not residing here.” Mark over the address, name and bar codes so the material will not show up again.
If letters from your case have been altered to upper case or they have attached your family’s name to yours – any alterations are character assassination! Do not open the material. A favorite attorney trick is to not lick the flap and instead use a little transparent tape. This way, the attorney may try to assert that you had the opportunity to read the material before returning it – thus you have received notice. If this poor sealing happens, whoever saw the poor seal first should sign a short statement on the back of the envelope “Arrived at XXXX street unsealed and taped. Returned unopened and unread.” Sign in front of a notary public and get the notary seal on the back of the envelope. Copy the letter and take it with the copy to the post office. As you return the letter have the clerk round-date your copy for evidence you physically returned the matter to the sender. You may put a $.90 cent stamp on your copy and have the postal clerk cancel the stamp(s). This is certificate of mailing affixed so that you cannot lose the traditional paper slip.
If anybody ever sends you letters with no return address the best advice is to treat it as above. Do not mark the letter at all but take a copy to the post office and have the clerk (certificate of mailing) put .90 stamp on your copy only and cancel with the rounddate. Now you have evidence you returned it unopened. The inspector has authority to open the letter and either put the return address on it for the sender or return it to the sender.
A useful model is that each time you reach in your mailbox you are grabbing a handful of suits against you. At first try studying your mailbox contents for at least ten minutes before opening anything. It is much easier to decline or refuse with the suit on the envelope than the material within. Understanding this trade for intelligence is utmost in curing remedy permanently. The intelligence is sometimes worth $25 (registered mail back to the presenter and into your evidence repository). Sometimes the $25 is more than the intel is worth. Once you open the suit you have appeared for the entity on the envelope. If the spelling on the envelope is not your full true name in upper and lower case like on the summons and it is obviously related to the case do not open it. It is character assassination. If you open it you are appearing. A Radio Shack catalog is a suit, albeit relatively benign. A utility bill is also a suit – settle out of court by paying the amount (if regular) and the constructive trust is that the utilities will be provided for another month… Get it? Examine the suits while they are simplest, on the outside of the envelope. Every law suit starts with notice (service) so keep your eyes open. Don’t feel obligated to open somebody else’s mail. Defeat that conditioning and staying out of prison is easy.
You are to take responsibility for being an honest merchant marine inland with your affairs in order. The affairs of the United States are handled in admiralty, thus all the gold fringes. However once you establish your character is inland, above the high-tide mark, you have the law of the land on your side and in the cognizance of the U.S. through the district court. Welcome to We the People.

Edited by - David Merrill on 08 Jan 2004 22:06:23
Go to Top of Page

David Merrill
Advanced Member

USA
1147 Posts

Posted - 02 Jan 2004 :  16:54:17  Show Profile
Civil Cover Sheet - I did not include this with the counterclaim because it is a .JPEG image. This form is required at filing in the district court:

1) "Plaintiff" true name v. "Defendant" legal name [Diversity of Citizenship]
2) Strike through the "County of residence" and leave blank. Men and women do not reside, we live and sojourn.
3) Strike through "ATTORNEYS (FIRM NAME, ADDRESS...)" and put your mailing address and phone number in this box (C).
4) Basis of Jurisdiction: Check both 3. Federal Question and 4. Diversity.
5) Citizenship of Principal Parties: For "PTF" strike through "Citizen of Another State" and write above it; "Denizen of organic state" and check the "PTF" box. By "Foreign Nation" write "U.N. Charter law" and check the "DEF" box.
6) In Nature of Suit check under Torts; Marine.
7) For Origin, check "Original Proceeding" but write in "Counterclaim on false claim"
8) Cause of Action: write "Counterclaim upon false claim; Diversity of Citizenship 28 U.S.C. §§1331, 1333.
9)Requested in complaint - "Demand $" write "Injunctive relief"
10)On the date line strike out "SIGNATURE OF ATTORNEY OF RECORD" and write the date followed by, "Clerk, make no changes. (True name) is not pro se. Do not sign the Civil Cover Sheet.



Edited by - David Merrill on 02 Jan 2004 17:28:21
Go to Top of Page

David Merrill
Advanced Member

USA
1147 Posts

Posted - 03 Jan 2004 :  11:41:07  Show Profile
"Quit externalizing your problems, projecting responsibility upon "them" who are involved with some elaborate conspiracy. Conversely, stop looking to the bereft and bankrupt for approval and authority to run your court."

I presume True North knows I am speaking in general. The advice deserves to be expounded upon.

Once in that position of priest and king, we are constantly hammered by the world to relinquish the power we once gave to the world. Our own sovereignty. The Craziness (symptomatic psychotomimetic delirium) of the UCC Redemptionists is the amount of time, effort and money they spend trying to ‘redeem’ what they laid claim to by law with their itty-bitty inked up feet years ago. That “Strawman” is already your property. I threw the first research somebody gave me in the garbage can years ago. But I thought to myself, “Just watch. This is going to catch on anyway.” I counseled with the wrong man and he told me that it was not my place to speak out against the Strawman Redemption so I just let it go until lately when the victims started calling.

Now that is a fact. The loan signor is the creditor…. Fact # 1.

We are priests and kings. In a wonderful place; somebody pointed out the Hebrew roots to the word America means People; with Eyes (to see); and be Priests. I hope I remember that correct. I have a timeline that clearly shows the oblation, the cleansing of the (sanctuary) from the time of MENE, MENE, TEKEL, UPHARSIN = 2,520 gerahs = 7 x 360 to be at the 2300 year mark; Daniel 8:14 at exactly 1776. The Treaty at Fort Stanwix was 1784, eight “days” later when the Iroquois League, ignorant of the extent of North America, granted all lands west of an eastern seaboard river to the United States. Eight days is circumcision. Suppose this land is the transplant vineyard Jesus spoke of in Matthew 21:43? Certainly the fulfillment of the Abrahamic Covenant to bring Christianity, the Gospels, to the entire world [Remember the 1040 Window?] came out of America. So let’s take this sovereignty given such wonderful lip service by the Founding Fathers seriously - for whatever reason.

We are priests and kings…. Fact # 2.

Given these facts, we need to stop trying to find acceptance and authority from the world. The world will predictably view the request as an appearance and motion for the world to give up the authority we have given it in our ignorance and perpetuate the illusion the world has authority at all. We color authority into the world by ignorantly handing it over, mostly by not understanding process.

A notice of lien is a notice. It is not acted upon for at least three days (the UCC). This provides the man or woman time to handle the notice properly. Standard procedure is to call the “creditor” and work out payments so that the same presenter of the notice will also publish a release of lien. The bank president in the graphic letter Admin provided a download link to herein says the suitor, determined by the bank’s counsel, handled the notice (an IRS summons for records) properly. See? There is another way to handle the notice and keep it from being treated like an actual lien. Avoidance by absolute right, a properly executed refusal for cause, in theory will always keep any and all notices from taking on the color and force of law.


Regards,

David Merrill.

I have executed about five successful Non-Statutory Abatements. The effectiveness was in one sentence, "Therefore your papers are returned timely to you refused for cause without recourse to me." The Religious ministry and history, all that other verbiage, is fluff.

Edited by - David Merrill on 03 Jan 2004 11:52:15
Go to Top of Page
Page: of 10 Previous Topic Topic Next Topic  
Previous Page | Next Page
 New Topic  Topic Locked
 Printer Friendly
Jump To:
ECCLESIASTIC COMMONWEALTH COMMUNITY © 2003-2020 Ecclesiastic Commonwealth Community Go To Top Of Page
This page was generated in 0.17 seconds. Snitz Forums 2000