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  • 8/18/2019 THE NON-STATUTORY ABATEMENT HANDBOOK.pdf

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    uide

    to

    Non-statutory Abatement

    Processes

    by

    Randy Lee and John William

    Honorable Fellows

    in

    Good Standing with the

    California Jural Societies 

    and

    John Joseph.

    Compiled in the Second month

    in

    the Year ofOur Lord

    Nineteen hundr

    ed

    and

    Ni

    nety-six

    in

    the

    Two

    hundred and Twentie th Year

    of

    the Independence

    of

    America.

    Copyright

    ©

    996 by

    The California Jural Society Press

    Second Printing 1996

    Revision 2.0

    Published and Distributed by

    The American Jural Society Press

    Canoga Park California

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    Table

    o

    ontents

    Preface and Acknowledgements...................   ...... .......   .......................... .

     

    ...... ..... ...... .... ...............

    I

    Part

    One

    Historical Background....... ....... .............. .............. ............................................... .......   ............. .... I

    Death of a Republic.............. ..... .... ................ .......... ............................   .........  ........... .............   ... I

    In tr

    oduction to Non-Statutory Abatements................... .... ......

     

    ............ ............................. ............ 7

    What Non-Sta

    tu

    tory Abatements Do ..........  .............  .  ..... ............. ......... .

     

    ............. .... .......... ......

    7

    Faith He lps

     

    ...

     

    ....................................................... .......

     

    .  ....   ....... ..................................

     

    ........ 9

    Th e Ge neral Rules. ....... .........   .......... ........... .  ................ ................. ....... ... ........................ ......

    10

    Plea Out of Bar

     

    ...... ....... .......... ..............

     

    .............

     

    ........................ .

     

    ..............

     

    ......... ..............

    10

    When

    to

    Use Abatement Processes.............................

     

    .................. ..................   ................ .......

    On Appearance .... ..... ......... ..... ..... ..  ..... ................ .........   ........   ..... ..................   .........  ....... ..... . 13

    The Rules of English.......   .... .... .................... . .............................................. ....

     

    ....... ....... ..... ...

    16

    What s in a Wo rd ....................   ........................ .......  ..... ...... ...................... .......... ................   ... 17

    Letters from the Government.... ..... ............ ......

     

    ..................... .................. .......................... 18

    Response Tactics of Im perial Powers...................... ........

     

    ............................................

     

    ......... 18

    Respons Tactics of the Private Christian Man ......................................................... ................... 20

    Misnomer....

     

    ............

     

    .....................................  ..................................................

     

    ......... ............

    21

    Ki

    tchen Sinkers.

     

    ..........

     

    .... ..... .... ......................

     

    ......

     

    .... .

     

    ................ ...

     

    ..... ..............

     

    .........

    22

    On th

    e Unifo

    rm

    Commercial Code.... ...... ... ........... .................... ...... .......... ....... ......................

     

    ...

    22

    Conflict of Laws.

     

    ..................................................... ....

     

    .................... ...... .......................... ...... .. 23

    Recognizing Defective Process ....... .................... .

     

    ........................ ......... ..... ............................... 23

    Address vs. Location...............

     

    ............ ....... ......... .......... .......... .... . ................. ..........

     

    .......

     

    24

    Serv

    e IL Don t File

    It

    ........................

     

    ..........

     

    .................

     

    .........................

     

    25

    Se rving Non-Statutory Abatement Processes.... ..... ....... ..................... ..........

     

    ................. ............. 25

    Actions Against

    Wo

    men.... .............

     

    .

     

    ..

     

    ..........

     

    .................. ..............

     

    ............ ....... ................ .

    27

    Footnotes..

     

    . ......... ......... ......... ... .. ..... ..................... ....... ................

     

    ................ ..

     

    .............. 28

    Part Two

    The General Terms

     

    .......

     

    .............

     

    .................. .............. ............ ...... .......... ............................. . 30

    Maxim s of Law in Abatements........................... .................. ................................ ·.................... .

    32

    Sample Abatement of Invalid persona designata.......... .......... ..................................................... 33

    Sample Default for Invalid persona designata..... ................................. ............ ...................... ..... 39

    Sample Abatement of the Internal Revenue Service................ .... ................ ..... ......... ................. .

    41

    Sample Abatement of Federal Tax Lien.......................... .... .............. ......... ......  .......... .............   · 47

    Samp le Abatement of Foreclosure...........

     

    ... ................. ........... ........ .

     

    .... ...............

     

    ........... ....... . 53

    Sample Abatement of Traffic Warranl... ...... .............. ..... ............. .... .... ....................... ......... ...  · 60

    Sample Abatement

    of

    Action Against a Wife or Child............ ............. ............ .............

     

    ............

    66

    Sample Abatement of Traffic Ticket...... .... ............ ........... ............ ...... ..................

     

    ..................... 72

    Educational Material from the California Jural Sociery Press

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    Preface

    With the traordinarv s

    ll

    ecess of the No n-sta tutory Abatement Package. Version 1.0. The American Jural

    Society Press has decided to Issue a fo rmal Handbook incorporating additional information and new lv formulated

    process that has been developed since the Package

    waS

    released one year ago. .

    Th us.

    The

    Non-Statutory Abatement Handbook.. Ve rsion 2 incorporates new material regarding when and

    how lO use abate ments: additions/c han ges [ abateme nt wording: the use of special fea

    tur

    es

    that oo

    th broaden the

    applica tion of. and end the reac h of. non -statutory abatements . Much

    of

    the new mate rial is used onlv under

    special c irc

    um

    stances The average len

    gt

    h of

    the proce

    ss

    may

    be c:\1e

    nd

    ed

    ap pro

    xi

    mat

    ely one page a

    nd no morc

     

    Success has also brought man y imitators out of the woodwork.. who. without pennission or a polite request  

    have merg

    ed

    Ve rsion 1.0 into their works. charge a healthy fee for it

    and

    have not even bothered to acknowledge

    those who resurrected the process and distributed it to America 

    \Ve

    ex

    pec

    t tlus pr

    act

    ice to be even

    mor

    e

    wi

    des

    pr

    ead

    wi

    th

    the

    pr

    ese

    nt

    Hanci1:x>ok

      A

    ppar

    e

    ntly.

    there

    are

    many

    out the re in the law reform move ment. who have the same ethics as those thev use the abateme nt against.

    But.

    many

    arc abbreviating the package 3nd dropping

    the

    exampl e cases  The po i

    nt

    of this is beyond

    ex

    plaining

    . Why would anvone drop the very items that are proof of the abatements success unless thev had an

    a

    lt

      rior

    motive

    ?

    (nformation has come to us that th

    ere

    are those with a vested

    int

    erest in seeing the abatements

    faiL

    and ha

    ve

    thus modified them in sub

    tl

    e. but critical wavs that have cost people their

    li

    berty

    and

    property.

    This is r

    ep

    rehenstble no maner who does it.

    Thus   we ca ution Readers to make cena in they have an original wo rk and not a doctored'

    ve

    rsion   f you have

    an

    y questions concerning the Handbook cail 8 18-347-7080.

    ACKNUWLEDGMENTS

    A

    in pr

    ev

    ious issues. there are many who have contributed to this work

    Howeve

    r

    we would like at this point to thank all those who have ca Ued us in the last year to either ask

    questio ns. or offer their personal

    ex

    periences w

    ith

    abatements thev had

    served

    This has greatly added to the

    continued development of the non-statutory abatement process

    and

    has helped us to

    acquir

    e a large amount of

    knowledge of how effective they have been.

    The reaction of public officers to abatements has generated a profile of typical responses. none

    of

    which seem

    to amount to anything more than

    an

    invitation to appear voluntarily whi

    ch

    is the best indicator of just how

    powerful the abatement process is.

    And of course. there

    are tho

    se who

    ca

    Ued to thank us. often in ways that were difficult to listen to without

    cromion  

    To

    aU of you we 

    at

    The American Jural Society Press would like to be able to say

    thank

    you. but nothing we

    ca n writ e would ever do the job right.

    Last. we are pleased that John Joseph has joined our Staff. He brings

    a

    wealth

    of

    learning and experience

    to

    our writing teams.

    and

    hi s contributions to the work wiil be found on every page.

    Thanks

    anyway. a

    nd

    God Bless .

    The Staff.

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    f

    PARTONE-

    HISTORICAL

    BACKGROUND

    With America's governments in crisis, there are many vested interests

    in

    what civil govern

    ments do.

    i f n d e e d ~

    one can call them 'civil' governments. 'Civil' sounds too much like a govern

    ment

    of

    laws, to apply the

    w o r d ~

    to what passes for civil government, today.

    Among vested interests there are t h o s e ~ who seek to wring every benefit and privilege they

    can out

    of

    bureaucrats and politicians at

    all

    levels as

    if

    they were entitled to

    t h e m ~

    there are the

    low and lawless forms ofhumanity,,{I} that ignore the Law, Codes, Ordinances, Rules and Regu

    lations that govern these so-called persons, 14th Amendment citizens state citizens, natural per

    sons, human beings, 2} and i n d i v i d u l s ~ {3} there are self-professed Christians with no interest in

    government because they are waiting for the Lord to return next week sometime; there are

    'patriots' in the law reform movement that appear to worship the Constitution and the U.S. Flag

    more than God and h r i s t ~ there are those who want the benefits, privileges, and opportunities of

    common law and specifically deny that God has anything to do with

    a n y t h i n g ~

    and, there are the

    conspiracy types who cower in corners with others

    of

    like mind to share the newest conspiracy

    revelations.

    Those above 'believe' they may be a factor in turning the country around.

    However, there is a minority ofChristian men and women who know the Constitution is mere

    parchment. They know the real story, if not self-consciously, then in the heart, that before any

    rights listed on parchment, there must first be a will among the people to repent and pray and seek

    His face, and obey Him from whom the rights come. Then and only then, will any parchment may

    have meaning.

    They don t r e a d ~ they

    study

    the laws

    of

    God and man, and know the difference. They hold

    their allegiance to God far more dearly and precious than any allegiance to a mere flag

    or

    parch

    ment. They put their husbands, wives, children, family,

    h o m e ~

    church, and community far ahead

    of

    the Constitution, or any mere piece

    of

    parchment. On their list of priorities, parchments are

    somewhere around forty-fourth on a list of forty-six.

    This work

    is

    for those above, who've spent the time

    in

    court, paid the price behind bars,

    survived the beatings, false arrests, and harrassment. They will understand

    it >

    develop it, and use

    it as

    a tool to restore, reconstruct, and heal the land. The rest may only use it for any purpose,

    except that

    of

    God and the Crown Rights

    of

    King Jesus.

    While there is no room here for a detailed

    study{4}

    of the history

    of

    American law, a thumb

    nail

    sketch

    is

    needed,

    or

    Readers may not understand why non-statutory abatements work.

    As they read t h i s ~ many may have demand letters on their desks or the I.R.S. breathing down

    their necks and may be impatient to get to the meat.

    But:>

    if

    one does not understand the law

    sYstem now used in America, their abatement may fail Thus, we urge you to take the time to

    study it now.

    Death of a Republic

    To those digging

    in

    the bone piles of history, it becomes clearer everyday that the Republic

    that was the united States of America, died at the hands of

    A i n c o ~

    who seized power - with

    out any constitutional authority whatsoever - and set forces

    in

    motion that drove the South into a

    war it did not want, and knew it could not win. In the eruption that followed, on the killing

    grounds of Antietam, Vicksburg, Missionary Ridge, and Gettysburg, the life blood of patriots

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    flowed out o

    nt

    o the earth and into the crevices

    of

    revisionist history Long before the

    flag of

    tru

    ce

    \Vas

    raised. the

    Re pu

    bl

    ic

    ha

    d a

    lr

    e

    ad

    y died. not with a bang, but ignominiously ,

    in

    a

    w i s p ~ r no

    one

    heard amidst the ragi ng winds

    of

    war.

    When the Southern states walked out

    of

    Co

    p.gr

    ess

    in

    1860, the quorum

    to

    conduct business

    under the Constitution, was lost, The only votes Congress could

    la

    wfully take were those to set

    the time to re-convene, and vote to adjourn. The only lawful , constitutional power who could

    declare war, was

    no

    longer lawful, or

    in

    session.

    Congress abandoned the House and Senate without setting d te t reconvene . Under the

    parliamentary

    la

    w

    of

    Congress, when this happened Congress became

    sine die  

    literally,

    wi

    thout

    day, and ceased

    to

    exist as a deliberative body. It was re-convened by Executive Order and sat

    unlawfully under the direct military authority

    of A. Li

    ncoln, Commander-in-Chief. To this very

    day, Congress still exists

    by

    the military authority

    of

    the Commander-

    in

    -Chief, and not as a lawful

    Constitutional body .

    While Congress was away, Lincoln ruled by Executive

    Order

    He wrote only a handful

    of

    E.O.' s during his time in office but, they were momentous. Executive Order No. I, } the first

    ever signed

    by a President was executed April 21st, 1861, and called up 75,000 militia.

    The point is , Lincoln had no authority to issue any Executive Order, and he knew

    it.

    Thus,

    he

    commissioned a special code to 'govern' his acts under martial law. In fact, the Code merely

    justified

    his

    seizure

    of

    power.

    T

    he Lieber Instructions,

    t  }

    had the effect

    of

    extending The Laws

    of

    War and InternationallMunicipal Law beyond the boundaries

    of

    Washington, D.

    C.

    , and for the

    fir st time,

    it

    brought foreign law onto American so il. Later, the Lieber Code put the U.S. into the

    1874 Brussels Conference (two years after Washington, D.C., was incorporated), and the Hague

    Conventions

    of

    1899 and 1907.

    The Lieber Code explicitly states

    in

    Section

    [

    Article I , that:

    A place, district, or country occupied by

    an

    enemy stands,

    in

    consequence

    of the occupation, under the Mart

    ial

    law of the invading or occupying army

    whether anv proclamation declaring Martial Law, or anv public warning to

    the inhabitants, has been issued or not. Martial Law is the immediate and

    direct effect and consequence

    of

    occupation or conquest. (emphasis added)

    Lincoln imposed Martial Law on Americans without ever telling them. Americans could be

    arrested (falsely mustered), hauled into military tribunals, tried, convicted, sentenced, put

    in

    jail,

    or put to death, without ever knowing the trials were in fact, military proceedings in court martial

    against civilians. By the way,

    in

    such courts, no defendant has any Constitutional rights. The Code

    goes on to say in the same Section, Article 10, that:

    Martial Law affects chiefly the police and collection

    of

    public revenue and

    taxes, whether imposed by the expelled government or by the invader,

    and refers mainly to the support and efficiency of the army, its safety, and

    the safety

    of

    its operations.  (Emphasis added)

    [s

    it

    'coincidence' the

    IR.S

    . first flexed

    it

    s muscle about this time?

    Of

    course,

    it

    only collected

    war reparations from the conquered peoples in the South. Later, F.D. Roosevelt, went Lincoln

    o

    ne

    better when he extended the same unconstitutional acts to all the states .

    2

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    The Lieber Code then states

    in

    Section II , Article 3 I . th t

    A victorious army appropriates all public money, seizes all public mov

    able propeny until funher direction by its government, and sequesters for

    its own benefit or that of its government a

     

    the revenues of real propeny

    belonging to the hostile government or nation. The title to such real prop

    eny remains in abeyance during military occupation. and until the con

    quest is made complete. (emphasis supplied)

    Under Martial Law, one cannot gain absolute title to anything, since all propeny belongs to

    the military. The Commander-in-Chief may ,

    in his

    benevolence, x mpt

    so

    me propeny from

    taxation and seizure.

    The District of Columbia was incorporated in 1872 and, in modern Titles and Codes, we find

    that D.C. , can also be called. the United States Now, why did the federal power need a corpo

    ration? The answer

    is

    , since the republic and the united States

    of

    America no longer existed

    as

    a

    lawful, constitutional government , some entity had to take its place so the charade could continue.

    Manial Law powers cannot create a lawful republic or restore the Constitution, since only the

    people have the inherent power  to do such a thing.

    One option was a corporation, which

    is

    not lawful, and a fictio

    nal persona

    Since corpora

    tions are contrary to God's Law and common law, it follows, that eventually the new fiction must

    eliminate what it could of common law couns and process. This is made easier, i f the people

    forget. After the War ended and hostilities were declared at an end, the Lieber Code justified

    keeping manial law a secret.

    Thus, Lincoln 's successor, Andrew Johnson, giving his reasons for vetoing Reconstruction

    Acts, stated:P

    The veto of the original bill of the 2d of March was based on two

    distinct grounds, the interference of Congress

    in

    matters strictly

    appenaining to the reserved powers of the States, and the estab

    lishment of military tribunals for the trial of citizens

    in

    time of peace.

    (Emphasis supplied).

    Thus, as late as July 19, 1867, the South was still under Martial Law and only Congress knew

    It

    . f he people had known it, today 's history might have been different.

    We move forward

    to

    March, 1933 , and F.D.R.'s administration in which he began to solidify

    the power

    of

    the federal government under the cover

    of

    a national banking emergency.

    It seems American bankers were giving paper gold certificates to the people in exchange for

    gold coin at $22.00 an ounce and re-selling the gold to European bankers at $34.00 an ounce, a

    tidy 50%+ profit on each coin.

    The American people discovered what was going on and started demanding gold coin back,

    but the banks didn 't have enough reserves to meet demand. They appealed to President Hoover

    who declined to take Federal action and bail them out of trouble.

    Onto the stage comes Roosevelt. He makes a deal with the bankers to fix the problem, labels

    the conduct of the American people hoarding,  declares a bank holiday, and raises the price of

    gold to $34.00 an ounce. Problem solved, right. Well..., that depends.

    3

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    The banks re-opened and did business again. but the price Roosevelt extracted from them was

    that. thev could stav open to do business - but onlv on

    the

    President' s

    Signature

    Thus.

    anytime a President wants, he can close all banks and the Federal Reserve. as well. All he needs is:

    for

    the people to

    be li

    eve there's a national emergency . Whether real or not, the power to decide

    is

    solely within the hands

    of

    the President .

    Roosevelt extended 'emergency powers' and, in a flood

    of

    E.O.

     s

    over the next few weeks. he

    declared that; all Americans were enemies

    of

    the United States;I'1 converted all acts involving

    money to commerce that required a license to conduct business; created the tools

    for

    the licensure

    of all Americans and the registration of

    ail

    automobiles: and many others, all of which were ratified

    by Congress, without debate, n a se ries of lightning sessions, where most of those who voted on

    bi

    lls,

    never even read them.

    Solely by E.O.. Roosevelt took total control

    of

    the nation, and onlv a

    President can

    termi

    nate his own power of Executive Order. Today. Congress passes no act without the authority of

    a pre-existing E.O . Perhaps, it doesn 't matter, since Congress doesn ' t write legislation. anyway

    No

    , it's done for them. by co ntract with West Publishing

    Co,

    St. Paul, Minnesota; the same com

    pany that produces Black 's 6th_ the law dictionary.

    The imperial power is now and has been for over 130 years, using The Laws

    of

    War, Interna

    tional, and Municipal Law under the Commander-in-Chief, and these are the real

    supreme

    law

    of

    he

    land. They govern all process, its form. submissions to courts, and process used by attorneys

    in

    such courts.

    This

    is

    why peop:e

    lo

    se trying to argue Constitutional rights. Courts are

    militarv tribunals

    sitting in court martial proceedings against civilians . Constitution

    al

    or common law arguments

    are not allowed

    in such courts.

    Judges may l sten to such arguments for many reasons and even decide in one 's favor, but not

    because

    of

    any Co nstitutional or common law argument . One may make an argument or reveal

    evidence and not realize why a judge renders a 'not guilty' verdic

    t.

    Or,

    ifhe

    has coUected excellent

    revenue (war reparations) for the day, he may just release you because he likes you. But, when the

    stakes are

    hi

    gh enough, one must not delude themselves into believing that Constitutional or com

    mon law tactics will work - ever.

    We must face the fact that what we oppose today, are the same impe

    rial

    powers in

    all

    their

    arbitrary capriciousness, that have always lurked in the wings, waiting for God s People to lay

    down and go to sleep .

    A new breed

    of

    Cresars stalk the Earth, seeking whom they may devour. If we fai l to learn and

    apply the proper use

    of God ' s Law and the common law: if we fail to learn the science and art

    of

    being self-governing Christian men and women under God; if we

    fail

    to teach these things to our

    posterity; then we, like

    all

    men who sleep

    in

    ignorance, deserve nothing better than ext

    in

    ction.

    Now, comes the rude awakening

    l

    One may scream to high heaven about the courts, the IRS, the

    SA

    TF, the FBI, and rail at

    countless agencies, bureau

    s.

    departments, and other branches

    of

    imperial governments

    wi

    th charges

    of

    fraud, theft. murder, and a whole host

    of

    other crimes, but in the majority

    of

    cases, imperial

    governments merely do what the people require them to do. The imperial governments obey their

    law, but

    we do not obev the law we

    claim. We honor it with

    our

    lips and not with our action

    s.

    Thus, the Lord has said: Thou shalt not take the name

    of

    the Lord thy God in vain; for the

    Lord will not hold him guiltless that taketh His name in vain. t91And the agent on Earth to exact

    punishment for violations

    of

    this Commandment is none other than the courts

    we

    have today.

    4

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    We vio

    late this Commandment by our own acts - daily. We do those things we ought not.

    against

    God s

    Law, while demanding the benefits, privileges, and opportunities of ungodly gov

    ernments.

    Thus, the Lord has said:

    And

    thou shalt take no

    gll:t

    for the

    gill

    blindeth the wise, and

    th th

    d

    f h

    '  h ,,\IO } [ h

    perverte e wor

    s t

    e n teous. t IS we w 0 commit the fraud, theft, and other

    crimes - against God

    If we enter imperial courts they cannot judge

    us

    by

    OUR law, but

    by

    THEIR law and they

    have no option to judge or rule - otherwise, because they are under the military authority of the

    Commander-in-Chie

    fl

     

    Thus, the Lord has said: Dare any of you, having a matter against another, go

    to

    law before

    the unjust, and not before the saints

    ? { }

    [s this not a command to set up our own courts under

    Godly jural societies???

    Why, if we successfully abate a traffic ticket, does a court withdraw its Bench Warrant from

    service by officers

    in

    the field, yet, keeps

    it

    on the Docket? The question

    is

    important because

    that is,

    in

    fact , what the courts do .

    The answer is; abatements tell the court that one does not want the benefits, privileges, or

    opportunities. The court says, Fine, but we will lodge the Warrant on the Docket just in case you

    contradict yourself, and show up

    in

    our courts anywa

    y

    where the Warrant will be served and you

    will be prosecuted

    The reason why courts recognize the non-statutory abatement

    in

    the first place is because

    they recognize true Law when they see it, which

    is

    not often On this fact alone, the people could

    have stopped the imperial governments, - decades ago.

    The Law of War, International Law, Municipal Law, Emergency Powers, all of which we put

    in

    one category of Imperial Law,

    s not law

    It is arbitrary and capricious and continually contra

    dicts itself, which

    is

    why the United States Supreme Court uttered its famous dicta in Erie Rail

    road v. Thompkins. to wit: there is no stare decisis, i.e., no prior decision

    of

    any court, binds the

    present courts under imperial powers.

    Courts may vacillate from one contradictory decision after another for they have no law

    standard by which to measure what they do, and they do not hesitate to admit it. Therefore, one

    cannot accuse such courts of fraud. Deceit (legal in International Law) maybe, but not fraud.

    But, when true Law stares the court

    in

    the face, they never vacillate, and recognize it

    as

    the

    true Supreme Law, which is God s Law.

    In simple terms, i we are who we say weare, and not what they say we are, then what are

    we doing in their fictitious courts who have no jurisdiction over the man we say we are

    ???

    The imperial system

    will

    make certain that

    yo

    u strictly adhere to one law

    or

    the other. You

    must, therefore, either live your life in

    all

    you do

    by

    the law of substance, liberty, and self

    government, which is God ' s Law and the common law, or, you will live by the laws of the ficti

    tious persona, without substance or liberty, and they will govern your every move and punish all

    deviation from their arbitrary and capricious system.

    There are those

    out

    there who believe that the imperial system can be done away with, and

    replaced by some other Non-Christian system. But, the entire history of English and American law

    shouts with one voice, that such is sheer folly. Men will either be ruled by God or Imperial

    Tyrants. Choose this day whom you will serve. God

    or

    Cesar? This statement has nothing to do

    with any evangelistic motive. It ' s just a simple statement of fact .

    Thus,

    i

    one claims to be

    in

    a common law, Christian venue, yet lives under the arbitrary law,

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    , on-Chri stian svstem. one is punished for his lies. contradictions. fraud. and deceit. which is

    le al

    onlv in their couns. not ours. -

    If one claims the benej'it s

    of

    God

    's

    Law and

    Hi

    s providence a

    nd

    still asks for benefIts from

    Rome. then one deserves what one gets . Defendants who s

    it

    on the fence deserve to be split

    asunder God

    ma

    y take Hi s own time to punish evil doers. but man wants punishment now and he

    has created the couns to fulfill that demand .

    And. the system they hav.; used is really not as comp l cated as everyone seems to assume. To

    understand it. all we need do is recall something

    of

    old Roman law during the time before and after

    Chri st

    In those days . when Rome conquered a nation, the conquered peoples suffered novation

    which redefines the real man and creates a new and different man. for imperial purposes, a ticti

    tious entity called a

    persona 

    n advocate (lawyer) spoke for the

    persona

    because a fict ion ha s

    no

    mouth. voice. eyes, ear

    s.

    or brain.

    [n

    modem America, a new twist was added to the novation scheme. suretyship,

    in

    which the

    re al man stands as surety f

    or

    the fictional persona each time he vol

    untarily

    applies for. or uses

    some benefit. privilege,

    or

    opportunity from the imperial, federal power.

    Thu s. God has said. ~ t f e that is surety

    fo

    r a stranger shall smart for it: and he that hateth

    surdyship

    is

    sure.  I'' '

    Afier all is said and done. everyone seems to want to know how its a ll going to tum out. But,

    God has said: Therefore take no thought for the morrow. for the morrow shall take thought for

    the things of itse

    lf.

    Sufficient unto the day

    is

    the evil thereof. ,1131

    -

    We know that victory

    is

    assured to God 's People, and based on the analogy

    of

    Scripture, we

    know that when Israel was returned to the land after Babylon, that Ezra

    's

    first task was to re

    lorm the lawful civil power. This is our mandate under God 's Law, to re-form the lawful civil

    power and since the exist

    in

    g forms

    of

    Martial Law government cannot do this, the people mu st.

    Thus, as a companion volume to this book, we urge you to study The American Jural Soci

    ety Handbook   l I Co nsider how you will join us, in righting the law once given unto the saints.

    Our duty and responsibility to God, our wives, husbands, children, and our posterity demand it.

    Thu s, the Lord has said: If my people, which are called

    by

    my name, shall humble them

    se lves. and pray, and seek my face, and tum from their wicked ways; then willI hear from heaven

    and will lorgive their sin, and will heal their land  1151

    Note

    carefully , the Lord does not c ll

    upon imperial governments to repent, but on the people who are called by His name that are

    currently the slaves

    of

    the imperial governments .

    t is

    ~ who are wrong, not imperial powers

    And i f we

    will

    love the Lord Our God with ll Our hearts, and with ll Our Souls and with ll

    Our Minds.

    we

    will

    find the crown

    of

    victory at the end

    of

    the race .

    And

    they that shall be

    of

    thee,

    shall build the old waste places:

    thou

    shalt raise

    up

    the foundations of

    many generations:

    and thou shalt be called,

    The repairer of the breach,

    The

    restorer of the

    paths

    to dwell in . ,1

    16

    1

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    rNTRODUCTION TO NON-ST ATUTORY ABATEMENTS

    The no

    n-

    statutory abatement package

    is

    now Version 2.0 and

    in

    a book form and ha s a great

    manv additions rangi ng ITom small and relative

    ly

    insignificant ones, to major ones that embody

    some very important new research, largely motivated by feed back ITom those who

    ha

    ve called

    and offered it. And. we have added another researcher to our staff, John Joseph, who has made

    very important contributions to the work.

    All

    publications

    of

    The American Jural Society Press have but one goal. To compel the impe

    rial

    federal. state. county, and city governments, their agents (tax collectors and banks), an d

    as

    signs - to keep the law. [

    ft

    hey do this, they will leave us alone and let us get on with our lives.

    Contrary to the media and the press , we are not here to overthrow an y civil power, for very

    simple reasons.

    While we seek

    to

    be self-governing men under God, we also realize that governments exi st

    to keep the low an d

    la

    wless forms

    of

    humanity

    ITom

    doing violence to everyone, including

    themselves. Thus as lawless as the current governments are, without them there would be total

    anarchy.

    The real problem, of course, has nothing to do with law, but religion, as Washington said

    in

    his

    Farewell Address to the nation. One's god dictates the kind

    of

    law one implements and also

    controls the application and development of that law over time. Given enough time, all Non

    Christian systems of law self-destruct in a fit of tyranny.

    Thus, we seek to restore the vitality and enforcement of God  s Law for ll men in

    all

    ages .

    This means, of course, a fu ll restoration of common law which is simply the collected traditions

    of Christians learning to apply God  s Law to their everyday problems.

    There are some ,

    of

    course, who will disagree with this obvious Christian agenda, but that

    is

    their problem, not ours. After many years

    of

    study in the origins of common law, we have no

    doubt of its Christian roots.

    For

    us, the common law is simply God s Law extended and applied

    by Christians throughout the history

    of

    England and America, and it will be Christian men and

    women, who will extend and apply it today, to provide the Godly system that

    will

    once again, put

    the church on the march.

    The Non-Statutory Abatement Handbook and The American Jural Society Handbook are, for

    us, the first two steps in the process of restoring true law and reconstructing the Christian system.

    [n a few weeks, further publications will be offered to attempt a few more steps on a very long

    road back,

    ITo

    m the Dark Age

    of

    Humanism which has claimed more victims than Europe' s Black

    Death.

    The American Jural Society Handbook,

    ITom

    modest beginnings, has sparked a new interest

    in local self-government across the nation. And, because it provides a mechanism for restoring

    lawful civil government at the local

    le

    vel, it has also

    gi

    ven the people hope.

    The

    Non-Statutory Abatement Handbook, is the first

    in

    a series of tools

    in

    the arsenal of

    lawful weapons that can be used to retard the advance

    of

    Imperial powers by pietahls simulators 

    until jural societies can be established lawfully, and create their own Courts of Common Law.

    Uf position on restoring the people 's liberties and reconstructing the land is : law is better

    than blood - one law for alL 

    What Non Statutory Abatements

    Do

    Non-statutory abatements respond to the vast majority

    of

    imperial powers paperwork -

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    head on W11en used and served properly they have been ve ry successful at slOpping imperial

    S

    UIl

    S -

    before they get started.

    Abatements have the force and effect of an indictment and/or a civil case

    or

    suit.

    .-\

    batements, when the defendant does not answer, and with Default properly written and

    served. become Res Judie

    .:

    a. i.e . final judgment has been made.

    Abatement s. when properly served with d

    ef

    ault, constitute a public reco

    rd of

    wrong doing.

    a

    nd

    as such can be used as the basis for action by the abating plaintiff (the one who files the

    abatement ) in further actions against imperials powers fiduci aries (agents, bureaucrats. judges.

    etc.. ) - in their

    persona

    l.

    not

    public.

    capacity.

    Abatements turn those who

    fil

    e imperial process against us.

    fr

    om plaintiffs. to defendant   s

    Abatements are low

    in

    cost to create and serve. and by ending an opponents case quicklv.

    lower dramat

    ic

    a

    lly.

    the cost

    of

    maintaining and defend

    in

    g aga

    in

    st impe

    rial

    powers suit

    s.

    .-\batements discussed. here

    in.

    have been filed a

    ll

    ov

    er

    America, and have been used success

    fu

    ll

    y against

    - Federal District Court

    s,

    - [nternal Revenue Service.

    - Bureau

    of

    Land Management,

    - Depallment

    of

    the Intetior,

    - State Tax-ing Entities.

    - County Agencies, Bureaus. Departments,

    - And, countless others.

    - Banks and Loan Companies

    The sample abatements listed after the text are based on more than one year   s experience and

    thousands of act ions served.

    in

    virtually every state in the union , in all types of courts, juri s

    di

    c

    tions. and venues.

    M

    or

    e importantly, research on the further development of the abatements has not o

    nl

    y con

    ti nued, but intensified, with a marked increase in the number of genuinely committed men and

    women working on perfecting them.

    E ve

    ry

    word , clause, phrase, and sentence

    in

    the samp

    le

    abatements has been gone over with

    a ne-t

    oo

    thed comb, and i there was any doubt about using a specific word, etc ,

    it

    was re

    searched and rep laced.

    The capitalization of nouns, appellations, and names. has been checked and re-checked.

    The Maxims

    of Law

    used

    in

    the sample abatement have been carefu lly selected from Bou

    vier

     s

    Dictionary

    of

    Law (1856), and

    Broom

      s Maxims (1845).

    The point of exp laining the care that has been taken

    in

    compiling the samp

    le ab

    atements is:

    to caution Readers. that any changes made

    in

    abatements herein, adding words and sentences to

    existing text, etc

    .

    is

    dangerous, and may likely result

    in

    a document that

    is

    worthless.

    The American Jural Society Press, its authors and s

    taff

    , accepts no responsibility for anyone,

    who makes any changes in the sample abatements. They are as complete as they can be, keeping

    in

    mind the importance

    of

    brevity/ and conciseness, that

    is

    so important in all lawful instruments.

    Replacing the text of the appellation

    of

    demandant. name

    of

    the defendant, demandant  s loca

    tio n fo r a defendant to respond to (if he can), and defendant  s address, should be all the changes

    8

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    ••

    necessary.

    n

    most cases.

    We know, that

    in

    spite ofwarrtings, thousands will make

    all

    sorts

    of

    , frivolous, unnecessarv

    a

    nd

    harmful changes

    in th

    e samples,

    the

    vast

    majority of

    which w

    ill

    compromise the abatemen

    effectiveness We strongly caution the Reader against doing so.

    Faith Helps.

    The old adage that faint heart

    ne

     er won fair maid, can be re-worded as lack offai th

    ca

    cut

    yo

    ur own throat

    in

    law 

    Recently a man back east, filed a non-statutory abatement to stop a foreclosure , one of th

    first such abatements we had ever done. The abatement was successful and stopped the bank

    fo

    reclosure

    fo

    r six months.

    Then, the bank began sending nasty letters to him

    ,

    making threats, etc . Instead of sticking

    the abatement, he got involved

    in

    the Warrant game, and sure enough, shamed his abatement.

    In the end, the banks got what they wanted and the foreclosure was re-opened by the Wa

    rants. w

    hi

    ch o

    nl

    y made matters worse. The man's pos ition now, is worse than before, because

    wanted a quick and dirty way to end it all. It

     s

    sad that he never stopped to ask whether or not th

    Warrants were the Christian thing to do .

    Faith

    in

    God ' s Law and comm on law, kept the

    wolf

    from the door in this man' s case. Wa

    rants did not just re-open the door to foreclosure,

    it smashed the door

    utterly.

    What is so shocking is, men and women

    of

    otherwise good will, are getting involved

    in

    a ve

    dangerous game that is utte

    rl

    y contrary to God ' s Law and the common law, and they still

    c

    themselves Christians and patriots.

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    The

    General Rules

    Non-statutory abatements take their name from the fact that the process exists and can

    be

    used

    - not because

    of

    any statute passed by some legislature - but

    by

    virtue of its customary

    usage arising out of common law. The authority for its use, therefore, does not require any

    legislature's stamp

    of

    approval.

    f our courts were under law, non-statutory abatements would have the effect of

    overthrowing an action caused

    Iby

    the defendant's pleading some matter

    of

    fact tending to

    impeach the correctness

    of

    the wIjt or declaration., which defeats the action for the present, but

    does not debar the plaintiff from recommencing it

    in

    a better

    way.,,{17}

    The only fact therefore,

    argued

    in

    an abatement are the facts of defects in plaintiff's initial process, that is, the very first

    pie e ofpaperwork sent to a defendant.

    Thus,

    in

    lawful society (not ~ n e r The Laws of War), non-statutory abatements suspend a

    suit until a plaintiff can correct errors

    in his

    original process. f errors are corrected

    in

    a response

    to the abatement, plaintiff's suit continues. This

    is

    why a non-statutory abatement is called a

    dilatory plea because it acts to delay proceedings

    of

    a plaintiff's suit, but does not prevent the

    plaintiff from correcting his errors and re-filing his suit.

    , Marks

    in

    abatements are statements to note., or mark errors in a plaintiff's process so that

    a plaintiff can bring a correct, or better action against defendant. But, when proper non-statutory

    abatenlents are issued against imperial powers, they have the effect

    of

    process

    in

    equity

    or

    chancery practice and suspend all proceedings in a suit, from the want of proper parties capable

    of proceeding therein. { 18}

    The 'want

    of

    proper parties' comes about, because the abatement

    is

    filed by one who asserts

    his rights appertaining to a h r i s t i ~ against those who are in another jurisdiction, and thus have

    no standing to respond to the abatement.

    Parties under emergency powers, The Law

    of

    War, International and Municipal Law, have

    no standing at Law and thus cannot answer non-statutory abatements. They recognize the

    existence and power ofcommon lavy, but can do nothing about

    it.

    The reason being; it is the duty

    of the military power to preserve the common law and any answer to a common law action, by

    martial powers courts tends to destroy common law.

    The Rule is; those under The Law of War, International and Municipal law cannot answer

    processes at Law.

    Plea Out of Bar.

    A plea

    in

    abatement

    is NOT

    a plea IN bar, but OUT

    of

    bar. That is, a court cannot hear and

    judge matters that have not yet come under a court 's authority. For cases to come under court

    authority, all preliminary matters (errors

    in

    the original process) must have been resolved,

    or

    the

    plaintiff has failed to properly bring his case to the court.

    Indeed, there is no case and hence, no court can hear anything. The case exists

    in

    the first

    place, because someone (plaintiff) serves a written action on someone else. Thus, courts are

    created by the paperwork.

    Thus, plaintiff cannot put a case IN bar, unless his process complies with court rules, the first

    of which

    is,

    plaintiff's process must have no errors in it. Errors constitute defective process and

    are sufficient cause for a respondent to issue an abatement.

    Since abatements are pleas out 0 £ bar, courts cannot hear argument on a case, unless some

    act of the respondant, brings him IN bar and makes him a defendant, i.e., by making some fonn

    10

    ••

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    of appearance; by entering a motion; asking the court questions; etc

    .

    This is why one never

    argues

    the merit or

    lack

    of

    merit

    in

    plaintiffs

    complaint.

    nor

    challenges jurisdiction.-;-;;-;;-;;

    abatement.

    Such arguments compromise the abatement and render

    it

    s force and effect -

    null

    and

    void.

    Why?

    Because, such argument joins respondent to plaint i

    ffs

    action and converts respondent to a

    defendant

    persona) [n

    effect, respondent admits there is a cause

    of

    action, indicts

    s l t ~ and

    converts his abateme

    nt

    to a demurrer and concedes jurisdiction.

    Given the current state

    of

    courts, (military tribunals) , a defendant who thinks

    he

    knows the

    law is then angered by what appears to be gross violations of law and often attacks the

    coun

    , the

    judge, makes threats. liens a judge or dis trict attorney, or commits some o ther act that does noth

    ing more than compound

    his

    previous errors. The temptation to respond

    in

    a rage and give the

    co

    un

    what-for  

    is

    strong.

    [n

    this case, we make one recommendation -

    don t

    do it, - you 

    ll

    be n

    viI/eli/liS.

    Stick

    to

    the abatement process outlined herein, and control yo ur emotions. The voice

    of

    God

    and the spirit of cool deliberation wi ll win for you. Anything else

    wi

    ll have severe repercussions

    The Rule is, non-statutory abatements are pleas out

    of

    bar and grant

    no

    jurisdiction to a

    co

    un

    .

    When

    to Use Abatement Processes.

    There are certain situations where an abatement is not used, and some Rule is needed that will

    show the Reader when an abatement

    wi ll

    lie, and when not. Use

    of

    an abatement

    in

    nations under

    imperial law, is different from when a nation is at peace, internally or externally, with respect to

    the United States. And, while abatements are a major form

    of

    process, they have limits on their

    use.

    Thus.

    if

    one uses a benefit, privilege,

    or

    opportunity,

    not

    allowed

    in

    common law. i.e., one

    that requires a license. and a case is broUght

    by

    imperial powers for vio lations of such benefits,

    privileges,

    or

    opportunities the abatement

    is

    generall

    y,

    not applicab

    le

    .

    But, if one is engaged

    in

    doing that which is allowed

    in

    common law, i.e., exercising a right

    common to

    all

    , but which has been converted to a benefit, privilege,

    or

    opportunity, by statute,

    then the abatement will

    li

    e.

    The arrest of lib

    erty

    of

    movement on common ways consistent with the customs and usage

     s

    in

    a state, is an example

    of

    trespass, against liberties held

    in

    common by the people. Such,

    is

    a

    criminal act against the people

    in

    general, and against the private Christian,

    in

    particular. Abate

    ments are very effective

    in

    such cases.

    Much

    is

    made

    of

    the

    so-called

    right

    to

    travel,

    but

    such

    is really a privilege in com

    merce and

    has

    nothing to

    do with common

    law, i.e., lex

    non scripta

    Thus,

    wording

    in the

    previous

    paragraph is

    deliberately

    chosen as

    the

    basis

    of

    a

    mark

    in

    an abatement. (Hint

    -

    Hint) We

    do

    not use the idea of travel or driving in any common law abatement process.

    But, i one is engaged in doing that which is allowed

    in

    common law, i.e , exercising a right

    common to all, but which has been converted to a benefit, privilege,

    or

    opportunity, by statute,

    then the abatement will lie.

    The arrest

    of

    liberty

    of

    mo vement on common ways consistent with the customs and usage s

    in

    a state,

    is

    an example

    of

    trespass, against liberties held

    in

    common

    by

    the people. Such,

    is

    a

    criminal act against the people

    in general, and against the private Christian,

    in

    particular. Abate

    ments are very effective

    in

    such cases.

    11

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    Much is made of

    the

    s o - c ~ J l e d right to travel,' but such is really a privilege in

    commerce and bas nothing to do with common Jaw, i.e.,

    lex non scripta.

    Thus, wording in

    the previous paragraph

    is

    deliberately chosen as

    ~ h e

    basis

    of

    a

    mark

    in an abatement.

    (Hint - Hint) We do not use the idea

    of travel or

    'driving' in any common law abatement

    process.

    The phrase above, trespass ~ i n s t liberties held

    in

    common by the people, replaces any

    reference to travel or driving

    in

    an abatement. Such wording defines a crime and a misdemeanor,

    in most states. (See the remarks on spelling the word 'state'

    in

    discussion

    of

    The Rules of English

    Grammer, below.)

    In

    contrast to the above, consider a situation where one works,

    is

    mustered into, or employed

    by

    imperial powers, i.e., effectively connected in a trade or business with the United States.

    First. the law says

    it is

    a privilege to work for civil governments. {19}

    Second,

    all

    privileges granted

    by

    civil government are taxable. (cite from jj

    {20}

    Thus,

    it

    is likely that non-statutory abatements

    will

    not lie against process issued

    by

    imperial

    governments to seize wages and salaries paid by them, unless the entity who files the process to

    s e i z e ~

    is

    utterly incompetent. Then abatement may work, but its use may be in vain.

    Differences between the persona created by imperial governments, and a private Christian

    man, a 'e important and determine when the abatement will lie and when not. State granted,

    imperial privileges, via the license (a token

    of

    the persona) differ from prerogatives held by a

    king i.e., a private Christian man. All private Christian men have the prerogatives Uussus and

    immunitas) of the King.

    {21}

    A maxim

    of

    law

    i s ~

    Domus sua cuique est tutissimum Refugium, or ''Every man's house is his

    castle. ,{22} Registered churches in a 501(c)3 and Living Trusts, are both statutory and thus,

    cannot resist s e i z u r e s ~ and abatements will not lie. Other examples are: private employment

    contracts

    v.

    independent

    contractor{23};

    employees

    of

    Departments

    of

    Motor Vehicles; and, others

    ~ p r i v i l e g e d to be a fiduciary (agent, trustee, actor, representative)

    of

    an Imperial power, are

    subject and the abatement will not lie

    Scripture has something

    to

    say on these points. ''Render therefore, unto Cresar the things

    which are Cresar's; and unto God t h ~ things that are God' s. ,{24} These verses apply, especially to

    the resurrected, Roman Imperial Law, that now rules current governments.

    It also relates to the money question, n that, Federal Reserve Notes are fictitious debt

    instruments created by imperial governments with no value or substance, while dollars specie

    (silver), have value and substance, and are lawful, civil, and Godly. f Cresar permits issuance

    of

    F.R.N. 's, he

    has

    jurisdiction (imperium) over their use.

    But,

    i f

    private Christian men

    de81

    only

    n

    dollars specie, Cresar is dead - long live Christ Our

    King. Currently, Imperial powers do not want to open the money issue in any court.

    The Rule is, Imperial privileges created can also be abolished, destroyed, or taxed, by their

    Imperial creator.

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    On

    ppeara

    nce

     

    There

    is

    much discussion in the movement on the tvpe of appearance one can make in court

    wi thout granting jurisdiction The consensus

    is.

    by special appearance only. But. do such appear.

    ances accomp

    li

    sh the des ired result·)

    An appearance is any act or proceeding by which a defendant places him self before the court.

    in order to part icipate in an action. Personal jurisdicti on or power to render a judgment in per

    sonam may be acquired either by persona l service

    of

    summons or by appearance If a defendant

    or his attorney does

    any

    act with reference to the defense of the action, he is held to submit

    himself to the authority of the court and all defects in service of process are thereby

    cured

    '

    ''' i(emphasi s added) .

    The modem law does not seek to compel appearance. but if the defendant is

    properlY

    served and neglects to appear and plead. the court will render judgment against him for default

    of

    appearance . I.nasmuch as the default constitutes an admission

    of

    the cause

    of

    action set forth

    in

    the declaration. a

    ll

    that the plaintiff has to prove

    is

    hi

    s damages I 1 Special appearances are only

    fo r the purpose of delertnining whether a court has jurisdiction or not . But. where a court or. its

    principal. has a monev interest in a case. the court always decides in its

    ow

    n favor

    Motions to courts grant jurisdict ion

    to

    hear the motion, with the same result

    as

    a special

    appean

    nce .

    If one appears and answers ' here ' when his name is called. he grants jurisdiction to a court

    over a persona. not o v ~ a private Christian man. Saying ' here

    .'

    means. the Christian man is

    present and ready to defend a perso

    na.

    The Christian man has waived all the rights of

    hi

    s persona

    and the Christian ' s right

    to

    abate the process.

    The problem is. the Christian pays the fine and does the time, not a persona. because the

    Christian. as surety. applied for the benefit, privilege, or opportunity that created a persona.

    The Christian has the 'benefit of discussion '

    in

    the court concerning a persona but no prerog

    ative to use his own law, (Scripture and conunon law), because he waived his rights when he

    answered lor a persona without first. correcting plaint

    iff

    s process by abatement. The Christian

    appeared and perfected the errors in plaintiff's process. which

    is

    always defective against the man .

    but not against the persona. From that point on only the law of the persona can be used .

    The

    'be

    nefit of discussion,'

    is: A

    proceeding, at the instance of a surety,

    by

    which the credi

    tor

    is

    obliged to exhaust the property of the principal debtor, towards the satisfaction of the debt

    before having recourse to the surety; and this right

    of

    the surety

    is

    termed the ' benefit

    of

    discus

    sion.

    ,1271

    Note: one has the ' benefit' of discussion, not the ' right' of discussion which can never

    exist under the Laws ofWar .

    An important,

    out

    of

    print

    work

    gives an excellent discussion

    of

    the related

    co

    ncept

    of

    p

    ledge. ,1 1I}

    Never, never, confuse the difference between the Christ ian and a persona . They are never the

    same and neither can use the law of the other, because both are bound by the law of their respec

    tive creators . Christians have a relationship to

    God

    thru Covenant created by Christ's sacrifice and

    resurrection. When a man 1becomes a Christian., his Christian appellation is written in the Lamb 's

    Book

    of Life which is a private Christian name known only to God . The Covenant requlfes the

    Christian to abide by Go d 's Law, not the man-made law of the imperial persona .

    The law of persona clouds a Christian's relationship to God and interferes

    wi

    th his duty to

    obey God. Imperial powers create a persona to give an appearance of legal process to justifY

    trespass on the Christian 's liberties, through the imposition of a persona create by novanoll

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    Because the Christian and a persolla are under different laws there is an immediate conflict

    of

    laws. that are mutually exclusive ultimates, i.e. each, mutually excludes the other. This is the

    ul timate conflict

    of

    laws.

    To illustrate by analogy. God looks at the Christian through Christ and sees one whose sins

    are 'white as snow ' An imperial powers judge looks through the Codes at the persona and sees

    one who is as black as the pit, because he is blinded to the existence of the Christian man who

    even ifhe could see

    him

    , could not hear his testimony.

    The law

    of persona is

    never

    la

    w, because directly contrary to God ' s Law and common law.

    It is based on the Law of War, and is spawned by the god

    of

    war (Mars), while the Law

    of

    God

    is based on Himself and is the Law

    of

    Peace and Safety. Thus. the maxim: The Law

    of

    God and

    the Law

    of

    the Land are

    all

    one; and both preserve and favor the common good

    of

    the land   {29}

    By

    way

    of

    contrast, the maxims of the Law

    of

    War are clearly opposed to all true law.

    Silent leges inter armas; the laws are silent amidst arms .

     3

    }Thus, under the laws

    of

    war _

    real law, common law, and Constitutional law are si lent. They have no voice, no force, or effect,

    unless the imperial powers feel the need to use them at their option.

    In 1628. a Petition of Right by Sir Edward Coke

    l3l

    }

    was issued against Charles I that stopped

    martial law

    in

    England. The relevant passage in the Petition is :

    And also sundry grievous offenders by colour thereof, claiming an exemption,

    have escaped the punishments due to them by the laws

    and statutes

    of this your

    realm, by reason

    that

    divers

    of

    your officers and ministers

    of

    justice have unjustly

    refused, or

    forborne

    to proceed ~ i n s t such offenders according to the same laws

    and

    statutes,

    upon pretence that the

    said offenders were punishable by martial law,

    and

    by authority of such commissions as aforesaid, which commissions, and

    all

    other of like nature, are wholly and directly contrary to the said laws and statutes

    of this your realm:

    There are many in the law reform movement who object, if not openly, then in the heart, each

    ti me

    we raise so-called religious arguments in Jural Societies, in abatements, or other processes.

    Such men must reckon with the clear and unequivocal facts

    of

    God' s Law and common law and,

    if they deny God, must learn

    to

    live with a dead persona, and rest content with the Imperial

    Heaven they have now. Only by asserting the Crown Rights

    of

    King Jesus, can we or any other

    people, have any defense against imperial powers.

    The bottom line is, one cannot claim a king's prerogatives or sovereignty, without being an

    heir or son

    of

    the true King

    of

    Kings, Christ Jesus. The Spirit Itself beareth witness with our

    spirit, that we are

    the

    children

    of

    God

    : And

    if

    children, then heirs; heirs

    of

    God and joint-heirs with

    Chri t

    ·

    132

    1

    S ..

    Perhaps now, we see why imperial powers create the fictitious

    r

    sona,

    with fictitious alter

    egos, i.e., persons, individuals, human beings, natural persons, etc.,1 33

    1

    because they have no

    power over Christians whose law is God's Law and common law. Their power extends only to

    what they create, the

    persona,

    not to a Christian.

    God's Law and man

    's

    law are opposed at every point in Creation. God

    is

    no respecter

    of

    persons I3oI

    l

    but

    man is , and his law reflects it, as seen above. Man knows he has no right to domin

    ion over other men, but he nevertheless seeks

    to

    gain it, by creating the fictional

    persona,

    known

    only by the

    nom de glierreP 1

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    The

    Christian

    man

    cannot control

    what imperial

    military powers

    of

    the State do

    with his

    name. But, he can control the way he responds to a persona s nom de gue e. The spelling makes

    all

    the difference between the real, substantiv e Christian

    m a n ~

    and the fictitious vacuum that is a

    persona,

    which,

    so long

    as

    it exists,

    is

    the

    means

    whereby the Christian's

    life,

    liberty and property

    are raped, plundered, and pillaged,

    by

    lawless, greedy, little men.

    We

    now know why

    names on

    Court Dockets (from which one's

    name is

    read) and names on

    imperial process are spelled

    in all

    capital letters,

    and why

    such

    names

    are called a nom de guerre

    (name of war), which are specific evidence of the existence of a fictitious persona. Arguing

    jurisdiction

    is

    ajail accompli and utterly irrelevant when one has already answered as surety for

    a persona

    One may think this is'£Taud,' but, all names are spelled this way on all imperial process and

    on the Docket sheet posted outside the door of courts - where all the world can see it. If one fails

    to note that his name is not spelled according to the Rules ofEnglish, that the true Christian name

    is not on the process., they have no one to

    blame

    but themselves. A

    name

    spelled in any way other

    than

    in

    the proper Christian form

    is

    an error.

    The

    persona

    has

    no

    power to answer defective imperial process. It

    has no hands

    to write a

    response and no voice, because, as the creation of an imperial power it is

    an

    absolute fiction,

    created ex nihilo, out of nothing. And, there is nothing that can qualify as a contract to tell

    you

    when and how the persona

    is

    created,

    it

    is

    always assumed.

    The

    maxim of

    law

    is:

    ''Fictions arise

    from

    the

    law, and

    not law

    from fictions.,,{36}

    But, i he

    Christian fails to 'appear' or answer the process, the courts

    will

    issue default judgment against the

    persona,

    anyway.

    Thus,

    i

    a Christian wants to stay out

    of ail

    and keep his liberty and property,

    he had better respond to the process and inform the court

    of

    the errors that are always there.

    With abatements, one responds without 'appearing' and process

    is not perfected on a

    per-

    sona,

    until the court issues a Warrant. The Christian man, however,

    is

    severed from the

    person

    by the abatement,

    which is the only response that answers imperial process and stops default

    judgment against the Christian man,

    provided he has not traversed his case

    by

    writing some

    thing stupid in the a b a t e ~ e n t

    (like UCC codes).

    This

    is the

    reason why, technically, Non

    Christians cannot use non-statutory abatements.

    This may be difficult for some to swallow, but in more than two hundred years of Supreme

    Court decisions from the Runkle case (1799) to the present, which state, the laws

    of

    the nation

    presuppose Christianity - upon which they depend. Non-statutory abatements are therefore, a

    specifically Christian remedy. .

    When

    a Non-Christian asks whether they

    may

    use Christian premises in an abatement,

    we

    must reply, No

    man

    warring for God should be troubled by secular business.

    ,{37}

    To continue, once an abatement is served, one

    must not

    ppe r until plaintiff answers the

    abatement - lawfully. Such an appearance \Vill

    set aside the abatement

    nd gr nt

    jurisdiction

    to the court over the

    persona.

    It's nerve-racking when one serves an abatement against imperial powers

    and

    one's court

    date passes without his making an appearance. But, trust

    in

    God., the abatement

    will

    not be an-

    swered properly and

    will

    go to default. Then, one

    SelVes

    default against plaintiff

    and

    the matter

    becomes Res Judicata, i.e.,

    final judgment h s been made. Imperial process goes to default for the

    same reasons that the imperial court

    will

    grant default judgment i one fails to appear and answer

    an imperial plaintiff's

    p r o c e ~ s

    (See, ''Response Tactics, beloW).

    The truth is,

    no

    real man, Christian or otherwise, belongs

    in

    imperial powers courts. These

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    courts

    may

    distinguish, but we must not.

    As the Scripture says: One law shall be to

    him

    that home born, and unto the stranger. that

    sojoumeth among you.

    ,

    1  1 -

    The Rule

    is

    : The presence of the body cures the error in the name.

    The Rules

    of

    English

    A major problem created by imperial schools, posing

    as

    ' public schools

    ,

    that directly impacts

    on one's understanding

    oflaw

    is, the failure to teach The Rules ofEnglish Grammar. For example,

    what words are capitalized and when. This difference alone has major significance

    in

    law. But,

    imperial schools are o

    nl

    y half the problem.

    The American people abuse the English language

    as

    if

    it

    were a right. n law, this

    is

    deadly,

    because it can put a defendant or plaintiff in jail without ever knowing why. We strongly recom

    mend to Readers that they buy and study a handbook on The Rules of

    English Grammar, and

    make it part of their life 's work to put these Rules into effect - daily. We recommend the older

    wo rks on Grammar,

    fo

    r obvious reasons.

    Nouns name persons, places,

    or

    things. General nouns denoting a class of persons, places,

    or

    things, are never capitalized . If we mean a specific person, place,

    or

    thing, onlv the first

    letter

    is capitalized. Thus, the noun ' state ,(

    J9

    1 and 'State,

    "'1

    are different words denoting two entirely

    different things. The former (state)

    is

    general and used at law, while the latter (State)

    is

    specific

    and denotes a created entity, i.e., a fictional

    res 

    i.e

    .,

    a thing.

    In today' s courts, per:;ons, places. things, and entire court processes, are often written in all

    capital letters , a clear violation of The Rules of English, which must violate the common law

    as

    we ll.

    But, this

    is

    done to

    full

    y infohn defendants and plaintiffs of the type of court that

    will

    hear a

    case. It says, clearly, that a court

    is

    sitting to hear matters

    in

    controversy -

    b e t w e e n p e r s o n ~

    a

    res and e r s o n ~ and thereby full disclosure is given to all .

    Today' s courts cannot deal with real people, places, and things, i.e., substance, because,

    being bound by imperial law, such courts can only deal with fictional

    p e r s o n ~

    Thus,

    all

    parties

    agree to be named, and do appear by, fictitious names, spelled in all capital letters, i.e., a nom e

    u rre (war name)

    An

    example

    of

    a war name is, JOHN DAVID SMITH. n common law, the Christian name is

    spelled John David Smith. Because

    all

    corporations are also fictions

    of

    law, their names are

    spelled in all capitals as well. Thus, if I.B.M. is a party to an action, its name is written; INTER

    NATIONAL BUSINESS MACHINES, INC. on the court ' s Docket and n

    all

    process.

    Initials or abbreviations

    ofa

    name, are no name at all,  and their use creates another fictition.

    Government documents commonly make no provision in their forms for one to write out his

    middle name. This is a deliberate form

    of

    entrapment. This

    is

    the practice on

    all

    I.R.S. forms that

    only allow space for a middle initial.

    One styles any plaintiff in process from an emergency powers court in all capitals, or initials,

    such

    as

    THE INTERNAL REVENUE SERVICE,

    or

    the UNITED STATES OF AMERICA.

    Spell out

    all

    numerals

    or

    numbers

    in

    abatements, i.e. , The Year

    of

    Our Lord and Saviour

    Jesus Christ, Nineteen hundred and Ninety-six. Numbers are fictions in numerical form and have

    no substance. n common law it is best to spell all numbers in their word equivalents.

    Next,

    is

    the use of parenthesis, brackets, curly braces, and boxes. All information contained

    therein is classed

    as

    ; extraneous, explanatory, and interpolated matter, with no force and effect

    in law .,, 4

    1

    Thus, if you must use a ZIP Code, put brackets around

    it

    to deflect its force and effect

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    in

    law.

    The point of this di scussion is, any name not correctly and fully spelled out is a misnomer .

    litera

      y

    mis-named . and

    is

    a solid plea

    in

    abatement.

    In

    most non-statutory abatements there is

    so me reference to the misnomer.

    When rai sing

    mi

    snomer. however. state only the facts that lead a court to conclude a

    mis-

    nomer

    ha

    s been used . Let the court come to its own conclusion.

    Do not s

    pe

    c

    ifi

    ca

    ll

    y allege '

    mi

    snomer '

    in

    the abatement.

    Thus. one can say ; My appellation

    is

    (insert your correctly spelled full name in upper and

    lower case) My name

    is

    not (

    in

    sert the incorrectly spelled name on the process) . This

    is

    sufficient

    to establish that a misnomer has been used and is

    all

    one needs to say .(See sample abatements at

    the end)

    If your name

    is

    a single letter and not a

    full

    name. make sure you DO NOT PUT A PERIOD

    after the single letter name, because it says that one

    of

    y

    our

    names

    is

    abbreviated and

    is

    thus a

    fictitious

    persona 

    To save yourself the pains of being mis-interpreted, one might want to adopt a

    fully spelled name to replace a single letter name, hopefully one with more letters than one can

    type on its paperwork.

    You may

    us

    e periods after each line

    of

    your postal location (avoid using the commercial word

    address) . Then, each line of one ' s postal location

    is

    a self-contained entity. Do not use commas to

    string together names and addresses.

    English

    is

    important to understand because

    it

    speaks directly to ' mis-joinder' and ' non

    joinder ' issues. One cannot be mis-joined and is thus not joined

    in

    the action. No joinder. no case.

    The above

    is

    only a summary of the relationship of English usage and the law.

    The Rule is; Know the English language and use it like a weapon

    in

    law.

    What s

    n

    a Word?

    If one makes a careful study

    of

    the way in which imperial powers word their paperwork,

    letters, and process, one wi ll find a very deceitful use

    of

    certain words and phrases,

    all of

    which

    are designed to compel one to make a 'voluntary appearance. ' And, since

    all

    appearances are

    voluntary, the words must carry the maximum impact, yet not cross over the line so as to violate

    the Rules

    of

    Imperial Process. Thus, one may see phrases such as You must appear at . blah,

    blah, blah, at such a date and time, blah, blah, blah.

    Has this sentence violated the Imperial Rules

    of

    Process?

    Answer: No.

    The reason: In

    Law

    , ' must' means ' may.' What's really being said

    is

    , We invite you to

    appear . because your appearance must be voluntary. Such phrases are designed to strike lear

    into the heart

    of

    a defendant and provoke a knee-jerk reaction that means the defendant loses

    l

    Other words and phrases using the same kind

    of

    deceit are: Notice ,  ''Notice to Ap

    pear

    , ''N

    otice

    of

    LienlLevy, 

    ''N

    otice to Remove,  ''Notice

    of

    Warrant,  ' 'Notice

    of

    Trespass, 

    Order to Show Cause

    ,

    Order and Demand,  and

    IT

    IS SO ORDERED. From what we have

    all

    learned from above, we now know that the phrase

    IT IS SO

    ORDERED, because written

    in

    all

    caps, is unintelligible

    in

    English, and

    is

    thus abatable.

    When

    in

    doubt, get an old dictionary oflaw .

    \

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    Letters from the Government. I

    t is

    common for

    all

    branches

    of

    government to send letters to people they are setting

    up

    for

    persecution. The purpose

    of

    letters

    is

    not to infonn

    ~ : U ,

    but to inform them

    as

    to how much you

    know

    Law

    People nonnally respond to letters with more letters. But, letters, as such. have no force and

    effect in

    law

    Thus, when you respond to a letter with another letter, this tells whoever sent you

    the letter that you know nothing I about law and that you can probably be pressured to roll over

    and

    pay without any further trouble on the government's part. The letter is, therefore, merely a

    device used by governments to collect revenues, without the bother

    of

    issuing process and going

    to court.

    The problem is, this tactic joins one to an action without them knowing

    it

    The I.R.S. uses this tactic, very effectively. Threatening letters making outrageous demands

    for taxes you probably

    don t

    owe, are typical. Your knee-jerk reaction is, respond with a letter

    asking

    all

    kinds

    of

    questions that the LR

    S

    could not care less about. The point

    of

    the outrageous

    letter and demands is, to provoke a response from you, get you to appear,

    or

    make a call to the

    I.R.S., in which they will apply pore heat to force one to roll over. The I.R.S. doesn't care

    whether you've properly paid "ydur fair share," they want more. The object is, compel you to

    submit to an

    increase in your voluntary assessments, rather than fight them. The letters are thus,

    a c t i ~ using fear and i n t i m i d t i o ~ and they exploit your ignorance

    of

    Law.

    Remember, also, most I.R.S. agents are sub-contractors and work on commissions from

    h

    · I

    property

    t

    ey

    seIZe

    Often, the news media blasts you with stories of how the very wealthy are put in jail by the

    I.R.S.

    or

    have to pay huge fines anti penalties for not filing or filing in error.

    But, it doesn t matter who ~ n s you a letter: do not respond

    with

    another letter

    Respond with lawful process, i.e.,

    n

    abatement. Their letter may have no force and effect in law,

    but the abatement

    will

    Usually, they just go away and you

    will

    hear no more.

    The Rule is, respond to all letters from any government agency with lawful process.

    I

    Response Tactics of Imperial Powen.

    Since, under InternationallMunicipal Law, "deceit" is legal, {42}

    one

    must expect that all

    federal, state, county, city, and local imperial government officers and agents will use it to get

    what they want, which is,

    to

    compel the private Christian man to answer for the person and

    "voluntarily comply." .

    Tactics used by imperial powers to get 'voluntary compliance,' would be a joke

    if

    the end

    result was not so vicious. They will lie, cheat, destroy evidence, and create evidence where

    it

    never existed. Thus, there is

    a

    wide

    r i e t y

    of

    tactics

    of

    response, used by all government officers

    and agents to try

    to

    get someone who has served a non-statutory abatement, to respond in such a

    way as to nullify or circumvent the effect of the abatement. The idea is, they cannot set aside the

    abatement. They must deceive you, the abator, to do something that

    will

    by your response, have

    the same effect. Then, they will re-issue a demand, bench warrant, or whatever, and proceed

    as

    i

    the abatement never existed, in the first place.

    In the examples

    of

    Response Tactics that follow, we assume that some branch

    of

    government

    sends you something.

    t

    could be a letter from the I.R.S., a Notice to Appear on a traffic ticket, a

    demand from the local Fire Department

    to

    cut your grass, a building code violation, or almost

    anything else.

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    .-\nd. we assume you have properlv responded to such fOnTIS of communication

    bv

    serv

    ing

    an

    abatement and when the government agent did not respond.

    Y U

    served. after the l p s ~ of ten day s

    Inot counting Sundays and holidays) a Default aga

    in

    st them. .

    t

    Example One '

    .. Sheriff Deputy shows up at your house with a warrant in his hand . Of course. the warrant

    will not be a genuine warrant with affidavit attached , court seaL or a judge' s signature in

    real

    ink

    The Deputy will call you to the doo r and after a few remarks, will say so mething like th e

    fol

    lowing. J-Ji . I'm here to talk to John Smith.  Jo

    hn

    Smith comes to the door and the Deputv

    says. In regard to the abatement you served, the judge

    wi

    ll agree to drop the Warrant, ifvou drop

    th e ab atement, and you won ' t hear from us, again.  

    There is onl y one possible response to this - NOI

    One may frame their words more diplomatically, but the general idea is, refuse

    Th.is

    is

    the mildest and least confrontat ional type

    of

    compe llin g vo luntary appearance  

    :v1o

    Si

    officers walk rather softly after they have been served an abatement.

    Example Two.

    Same scenari o. same situation. same Deputy. This time says, ·'L h. th