Common Law Embassy

Understanding Common Law

What is Common Law?

Common law is the legal tradition developed through court decisions, customs, and judicial precedents rather than legislative statutes. It recognizes fundamental rights and freedoms inherent to all people, based on natural justice and fairness. Common law has its roots in ancient principles of equity and natural law, establishing that certain rights exist independently of government authority.

Key Principles of Common Law

• Natural rights and freedoms - Rights that exist inherently, not granted by government
• Trial by jury of peers - The right to be judged by fellow citizens, not government officials
• Presumption of innocence - You are innocent until proven guilty beyond reasonable doubt
• Right to face your accuser - The ability to confront and question those who make claims against you
• No harm, no crime (corpus delicti) - A crime requires actual harm or injury to person or property
• Due process and fair hearing - Proper procedures must be followed before rights can be affected
• Protection of property rights - Your property belongs to you and cannot be taken without just compensation
• Freedom of conscience and belief - The right to think, believe, and speak freely
• Habeas Corpus - Protection against unlawful detention and imprisonment
• Right to travel - Freedom of movement without unreasonable restriction

Your Rights Under Common Law

Common law acknowledges your inherent sovereignty and fundamental freedoms. These include freedom of movement, right to property, freedom of conscience, and the right to contract freely with others. Under common law, the individual is sovereign and government exists to serve and protect the people, not to control them.

Under common law, you have the right to:

• Live free from harm and coercion
• Own and use property without interference
• Travel freely without restriction or permission
• Enter into contracts voluntarily
• Be judged by a jury of your peers
• Face your accusers in open court
• Be presumed innocent until proven guilty
• Refuse consent to unjust actions
• Practice your chosen profession or trade
• Privacy in your personal affairs and papers
• Protection from unreasonable searches and seizures
• Remain silent and not incriminate yourself

Common Law vs Statute Law

Common law differs fundamentally from statute law in its origin and authority. Common law is based on natural rights and judicial precedent, while statute law consists of rules created by legislative bodies. Common law recognizes rights that exist independently of government authority, whereas statutes are government-created regulations.

The Common Law Court System

Traditional common law courts operate on different principles than modern statutory courts:

• Jury as Judge of Law and Fact - The jury has the power to judge both the facts of the case and whether the law itself is just
• Jury Nullification - Juries can refuse to convict if they believe the law is unjust or wrongly applied
• Independent Grand Jury - Citizens have the power to investigate and indict through grand juries
• Equity and Fairness - Decisions are based on what is fair and just, not merely what is written in statute

Natural Law and Inalienable Rights

Common law is rooted in the concept of natural law - the idea that certain laws are inherent in human nature and can be understood through reason. These natural laws give rise to inalienable rights, which include:

• The right to life and self-preservation
• The right to liberty and freedom from slavery
• The right to pursue happiness and self-fulfillment
• The right to defend yourself and your property
• The right to fair compensation for your labor
• The right to associate freely with others

The Role of Consent in Common Law

A fundamental principle of common law is that legitimate authority requires consent. No one can be bound by rules, contracts, or jurisdictions to which they have not consented. This principle of consent extends to:

• Contractual obligations - You cannot be bound by contracts you did not knowingly and voluntarily enter
• Jurisdiction - Courts must establish that you have consented to their jurisdiction
• Governance - Legitimate government authority derives from the consent of the governed

Maxims of Common Law

Common law is guided by time-tested legal maxims that express fundamental principles of justice:

• "Let right be done" - Justice should always be the primary goal
• "No one ought to be a judge in his own cause" - Conflicts of interest invalidate judgment
• "He who comes into equity must come with clean hands" - Those seeking justice must act justly themselves
• "Ignorance of fact excuses; ignorance of law does not excuse" - Yet under common law, you cannot be bound by laws you didn't know existed
• "Silence gives consent" - But only when you have a duty to speak
• "An agreement of parties makes the law of contracts" - Contracts are binding when freely entered

How We Can Help

The Common Law Embassy provides education, documentation, and advocacy to help you understand and exercise your common law rights effectively. We offer guidance on:

• Understanding your fundamental rights and how to assert them
• Proper documentation of your common law status
• Dealing with government agencies while preserving your rights
• Court proceedings and due process requirements
• Contract law and ensuring agreements are truly voluntary
• Protection of your property and assets from unlawful seizure
• Establishing your status as a creditor and secured party
• Understanding jurisdiction and when you must comply

Learn More

We encourage everyone to educate themselves about common law principles. Knowledge is power, and understanding your rights is the first step toward protecting them. Contact us to learn more about our educational programs, workshops, and resources. We offer individual consultations, group seminars, and comprehensive documentation to help you establish your common law standing.