Constables
a Manual for Em-Powering Men to become effective
as the First & Most Important “Peace Officers” of the People,
By Charles Bruce, Stewart
http://www.christiancommonlaw-gov.org/
(Incomplete Rough-Drafts; Version 1.0 part-completed sometime in 1997 or 98;
Incomplete Draft Version 1.4, part-completed 11-September-1999;
Incomplete Draft Version 1.5 part-completed August 2005; feedback appreciated)
Preface:
This study of the ancient office of “Constable” is tightly focused on the “bare-bones” essentials necessary to give a basic knowledge of how to empower modern men who have the Courage to move forward in resurrecting this most important Common-Law Office. In pressurized situations, this is the first study a new Constable should read. However, for those with the time to lay a firm foundation upon which to gain a much more effective understanding of the social dynamic which is to be unfolded by this endeavor, it would be prudent to firstly read another article by this author entitled: “The “Laws of Nature & Nature’s God” aka: Fundamentals of Anglo-American Jurisprudence”. If possible, access to both of these & other relevant documents should be made at our above listed Christian-CommonLaw Internet World Wide Web Page. The hypertext links therein are calculated to provided a much more dynamic interaction with the various important definitions, all so as to more quicky, provide in-depth & fully comprehensive education.
Intro/Basics:
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Our study begins with a quote from, the Constitution of the State of Washington, Article 1 Section 32; Fundamental Principles:
A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.
In our study of our “Constables”, we need to reach back to the “Fundamentals” of County Government. We find such insight in such reputable citations as follows:
“The word county is based on the French word “conte” ... the American county defined by Webster as “the largest territorial division for local government within a state ...,” is based on the Anglo-Saxon County of England dating back to about the time of the Norman Conquest. ...
Early county governments in Oregon ... primary responsibilities were forest and farm-to-market roads, law enforcement, courts, care for the needy and tax collections.”
Oregon Blue Book’s opening paragraph on County Government (p302-1996):
To begin our study of the “Fundamentals” of “the American County” properly, we need to review other citations relevant to this “Anglo-Saxon County” Model. We find such in the opening sentences of the first chapter of the following conventionally reputable source::
"Before the Norman conquest of England in 1066, the people were the fountainhead of Justice. The Anglo-Saxon courts of those days were composed of large numbers of freemen, and the law which they administered, was that which had been handed down by oral tradition from generation to generation. In competition with these popular, non- -professional courts, the Norman King, who insisted that he was the fountainhead of justice, set up his own tribunals. The judges who presided over these royal courts were the agents or representatives of the king, not of the people; but they were professional lawyers * * * and the courts over which they presided * * * gradually all but displaced the popular, non-professional courts."
"The Anglo-Saxon tribunals had been open to all; every freeman could appeal to them for justice. But there was no corresponding right to sue in the king's courts. That was a privilege which had to be purchased by any suitor who wished to avail himself of * * * royal justice. These privileges were issued to suitors by the king's secretary or chancellor, and the document which evidenced the privilege was called an original writ.
"Common Law Pleading"; by George L. Clark; Lawyers Co-Op, 1947.
Many other citations similar to this explain how the Norman Conquest caused effective Cultural Genocide against the Christian Common-Law Anglo-Saxon/Celtic peoples. For further discussion of these points, see the accompanying article, entitled: “The Evils of the Norman Conquest”. However, for our study here on the subject of “Constables”, please just note that the Oregon Blue Book citation affirms that these “Constables” are based upon that older “Anglo/ Saxon” Model, which was composed of large numbers of “Freemen”.
When we realize that it is this same Model for our “Constables” which are specifically recognized in both the Constitutions & Statutes of Oregon & many other States, as well as by operation of Law in the remainder of the Constitutions & Statutes which govern these united States, hereunder we see why it is so important to read the accompanying document concerning the “Evils of the Norman Conquest”.
Based hereunder, we find valuable insight into those “Fundamentals” upon which the American Counties took their model for binding themselves together into duly Constituted “States”, & for thereunder insuring the “Perpetuity of Free Government” & the “Security of Individual Right”. Hereunder, we see that there were two entirely different systems in place in ancient England; & we gain insight as to why the Anglo-Saxon/Celtic Model of County Government was that chosen for the American Counties, precisely as affirmed by the Oregon Blue Book citation; & all as opposed to that model for the Centralized System of Governance under the Authoritarian Regimen of the latter Norman lineage of Kings.
The Policing System within such early English Counties was extremely efficient, as shown by Professor of History at Harvard University; Author R. Hogue; in his book “Origins of the Common Law”; Cr@ 1966, Indiana University Press; Reprint: Liberty Fund Inc. 1985. p-127: “... all Englishmen twelve years of age or older were ... members of a frankpledge group, a group of about ten men who ... assumed the duties of maintaining the peace and providing a sort of collective suretyship. ... it compelled the populace to police itself by ... the most efficient police system in Western Europe.”
Hereunder, we gain further insight into why the duly Constituted American Governmental System adopted that older English Model. This was essential for the American united States to remain “free governments”.
This author had seen references to the term “Constable” in Oregon’s Constitution & Statutes before. I remember thinking of it as but a quaint ideo-centric abnormality of the distant past, inapplicable to modern concerns. However, my attitude changed when reviewing video tapes of the presently wrongfully incarcerated great hero of the Common-Law movement, & “Chief Justice” of Justus Township Montana: LeRoy Michael, Schweitzer.
LeRoy told of an encounter with Federal Judges (in an important case involving Common-Law Courts) in which the Federal Judges asked 3 separate times, returning to the issue each time, as to: “What are the Constables going to do?”. LeRoy made it plain that these Federal Judges (who are fully aware of the epidemic corruption within the present system) were quite concerned over how the “Force” of the Common-Law Realm was going to be administered, by the “Constables”.
Further, LeRoy made specific indications that the Right of smaller communities of People to “Self-Govern” & “Self-Police” were set forth specifically in most state Constitutions under their Legislative Departments, usually under a Sub-Title called something similar to: “Special & Local Laws Prohibited.”.
I recognized this as one of the sections of Oregon’s Constitution I was familiar with, & I remembered it referring to the term “Constable” just as LeRoy stated. Hereunder, I returned enthusiastically to further studies of the few related sections of Oregon’s written Law which seemed connected to these related subjects. I found that Oregon’s Constitution at Article 4 governs the Civil Legislature of this “State of Oregon”. Sub-Section 23 is Sub-Titled: “Certain Local & Special Laws Prohibited.”. Its full context reads precisely as:
“Article 4, Legislative Department; Section 23, Certain local and special laws prohibited.
The Legislative Assembly, shall not pass special or local laws,
in any of the following enumerated cases, that is to say:
Regulating the jurisdiction, and duties of justices of the peace, and of constables;
For the punishment of Crimes, and Misdemeanors;
Regulating the practice in Courts of Justice;
Providing for changing the venue in civil, and Criminal cases;
Granting divorces; Changing the names of persons;
For laying, opening, and working on highways,
and for the election, or appointment of supervisors;
Vacating roads, Town plats, Streets, Alleys, and Public squares;
Summoning and empanneling (sic) grand, and petit jurors;
For the assessment and collection of Taxes,
for State, County, Township, or road purposes;
Providing for supporting Common schools, and for the preservation of school funds;
In relation to interest on money;
Providing for opening, and conducting the elections of State,
County, and Township officers, and designating the places of voting;
Providing for the sale of real estate, belonging to minors, or other persons laboring under legal disabilities, by executors, administrators, guardians, or trustees.”
This citation shows how the vast majority of authority & power for directing the functions of this “State of Oregon” was vested in these “Local & Special” Governing Bodies. It further shows that it was the Duties of our “Constables” or “Justices of the Peace” to Secure the Peace with regard to the operation of these “Special & Local” Jurisdictions.
For the purposes of our study of Constables here, it is efficient to boil all of this down & add some Caps for emphasis to the effect that:
“The Legislative Assembly, Shall Not Pass Special or Local Laws ... Regulating the Jurisdiction, & Duties of Justices of the Peace, & of Constables ...”
Please note that we will be referring to this most important citation frequently later. It is of pivotal importance. LeRoy states that there is similar “Special & Local Laws Prohibited” provisions in the Legislative empowerment sections of almost every State Constitution in these united States. This dynamic was a fundamental part of the “Republican” form of Government, under the doctrines of the “Supremacy of Law” & the “Rule of Law”, as guaranteed to each State in the Union, all as under the “Original Intent” of the Founders for these United “Republics”. This has not been changed (much to the frustration of those within this nation who would subvert this “Original Intent” for their own self-serving purposes). Other citations affirming that this was a vital component part of the “Constitutional Framework” within which the American States were adopted are as follows:
An important canon of construction is that constitutions must be construed with reference to common law, since, in most respects, the federal and state constitutions did not repudiate, but cherished, the established common law. ...
It has been said that without reference to this common law the language of the Federal Constitution could not be understood. This is due to the fact that this instrument and the plan of government of the United States were founded on the common law as established in England at the time of the Revolution. Therefore, it is a general rule that phrases in the Bill of Rights taken from the common law must be construed in reference to the latter. American Jurisprudence 2nd edition, Lawyers Co-Op Constitutional Law: § 114:
"The revolution (and) ... the Declaration of Independence, found the people already united .... From the crown of Great Britain, the sovereignty of their country passed to the people of it: ... "We the people of the United States, do ordain and establish this constitution."
Here we see the people acting as sovereigns of the whole country: and in the language of sovereignty, establishing a constitution by which it was their will, that the state governments should be bound, and to which constitutions should be made to conform...
It will be sufficient to observe briefly, that the sovereignties in Europe and particularly in England ... considers the prince as the sovereign, and the people his subjects; it regards his person as the object of allegiance, and excludes the idea of his being on an equal footing with a subject, either in a court of justice or elsewhere. That system contemplates him as being the fountain of honor and authority; and from his grace and grant, derives all franchises, immunities and privileges; it is easy to perceive, that such a sovereign could not be amendable to a court of justice, or subjected to judicial control and actual constraint... The same feudal ideas run through all their jurisprudence, and constantly remind us of the distinction between the prince and the subject.
"No such ideas obtain here; at the revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects... and have none to govern but themselves; the citizens of America are equal as fellow-citizens, and as joint tenants in the sovereignty.
From the differences existing between feudal sovereignties and governments founded on compacts, it necessarily follows that their respective prerogatives must differ, Sovereignty is the right to govern; a nation or state sovereign is the person or persons in whom that resides.
In Europe, the sovereignty is generally ascribed to the prince; here it rests with the people; there the sovereign actually administers the government; here never in a single instance; our governors are the agents of the people; and at most stand in the same relation to their sovereign, in which the regents of Europe stand to their sovereigns. Their princes have personal powers, dignities and preeminence, our rulers have none but official; nor do they partake in the sovereignty otherwise, or in any other capacity, than as private citizens." "Chisholm v. Georgia”; 2 Dall. {U.S.} 419" {1793}:
The “Special & Local Laws Prohibited” Sections of the various States Constitutions allow for these Common-Law mechanisms to function precisely in that De-Centralized pattern which was acknowledged as “Higher Law” by the “Christian Rulers” under the Anglo-Saxon/ /Celtic Model, as quoted in the Encyclopedia Americana citation above.
My limited research seems to confirm that almost all States in the Union have these “Special & Local Laws Prohibited” sections. Although Oregon’s Constitution is the only one I have been able to find which specifically indicates such detailed itemizations as to include the specific term “Constable”. I believe that Texas & numerous other States with the better Constitutions may specifically mention “Constables”. Regrettably, even LeRoy Schweitzer’s home state of Montana does not mention this term.
However, Oregon’s Constitution & the others are indicators upon which “Judicial Notice” may be taken within the other states, as to what is referred to by the “Special & Local Laws Prohibited” Constitutional sections. The American Jurisprudence citation above shows that:
“constitutions must be construed with reference to common law, since, in most respects, the federal and state constitutions ... cherished, the established common law ... the plan of government of the United States were founded on the common law”.
It is Un-Reasonable for the other States to have such similar sections, & yet for it to mean something different than that which is so clearly set forth in Oregon’s Constitution. “Reason” hereunder being the well established Essence of that “moving target” called “Due Process of Law”.
But those “Special & Local” Prohibitions against the State’s Civil Government are
only a part of our supportive information. “Corpus Juris Secundum” as well as “Anderson’s on Sheriffs” both discuss how the Office of “Constable” is an integral part of the dynamic of Anglo-American Constitutional Jurisprudence. American Jurisprudence probably has a section, I have not searched that. Blacks Law Dictionary (as quoted often herein) referrers to this Office & its similar related words also. The main point here is that we have the word “Constables” clearly referred to in at least Some State Constitutional provisions, as well as in numerous Reputable Scholarly Texts.
“Constables” have an authority which is beyond the reach of, & “Foreign” to, the Civil Governments of each State & the Fedaralies. Through the 9th & 10th Amendments, our Office of Constable is insulated from the reach of Federal Authority, because the States have this amongst their “Vast Repository of General Powers” & Jurisdiction which are beyond the specifically limited & enumerated powers granted to the Federal Civil Government. The Posse Comitatus Act at Title 18 US Code, PART I, Chapter 67, § 1385, affirms similarly to the effect that:
“Use of Army and Air Force as posse comitatus: Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws, shall be fined not more than $10,000 or imprisoned not more than two years, or both.”
Our “Constable” is a the first & most important component part of the “Posse Comitatus”. Not only are Federal Agencies prohibited from interfering with these Common-Law Officers, precisely as set forth by the Posse Comitatus act, & as inferred by the 9th & 10th amendments, but our State Constitutions under the “Special & Local Laws Prohibited” Sections similarly block interference with our “Constables”.
This is all a critical component part of that “Doctrine” within this Nation as a Constitutional “Republic” of “Government under Law, as opposed to Government by Men”.
This body of “Law” is presently blessing “We the People” of America & Oregon because of that singularly more narrowly definable body of “Law” known as the “Common-Law”, most easily identifiable as flowing from England, but being practiced in various forms & at various times among the historically recognizable “Christian Nations”. Hereunder, we actually should thank Jesus Christ Himself.
Only with this form of Independence of Separate Sovereign Judicial Processes & Law Enforcement Powers, may that “Golden Mean” of True “Supremacy of Law” be maintained. To allow it to Centralize in the hands of a few “Civil Servant” bureaucrat Judges, the President or a Governor, is to allow it to Die. It is of utmost importance here to have it clear in our minds that the Office of “Constable” does Not have its flow of legitimate Lawful Authority from either the State’s Civil Government, Nor from the Federal Civil Government. It is a Sub-County level “Public-Office”; & the Lawful County exists only under Non-Civil Law, but under Common-Law; & hereunder the People Elect their Own “Constables”.
These realities are further supported by the citations which we will soon examine herein.
But hereunder, we have what is clearly an entirely independent manifestation of the Sovereignty of “We the People”, which is all recognizable from within the various State Constitutions & numerous Reputable Scholarly Texts. A quick reference to Blacks Law Dictionary & other sources provides us with a number of herein related terms, from which we may compose a workable outline, which in turn will give us the details which we need to examine & assemble, in order to gain the full picture of that dynamic which was anciently embodied within the term “Constable”. Hereunder, we may Rightfully Lay Claim to this as our Lost Heritage, & as a Rightfully Recognizable portion of “Constitutional Law”.
Further on, we will do a serious study of some specific portions of Oregon’s Criminal Statutes, which sheds most powerful light. A separate document sets forth portions of Oregon Revised Statutes (hereinafrer ORS) more fully. For our purposes in this hard copy document here, we will just use partial quotations so as to quickly & efficiently make our points. Before we get into the Statutes, we need some Law Dictionary study, which begins thusly:
Blacks Law Dictionary 5th Edition:
“Tithing Man: A constable. ... In New England, a parish officer annually elected to preserve order in the church ... and to make complaint of any dis-orderly conduct. ... In Saxon law, the head or chief of a tithing or decennary of ten families; he was to decide all lesser causes between neighbors. In modern English Law, he is the same as an under-constable or peace-officer.”
“Tithing: One of the civil divisions of England, being a portion of the greater division called a “hundred”. It was so called because ten freeholders with their families composed one. It is said that they were all knit together in one society, and bound ... for the peaceable behavior of each other. In each of these societies there was one chief or principle person, who, from his office, was called “teothing-man” now “tithing-man”.
“Constable: ... He is to preserve the public peace ... He was in general the leader of the royal armies, and had cognizance of all matters pertaining to war and arms, exercising both civil and military jurisdiction. He was also charged with the conservation of the peace of the nation.
“Constituency. The inhabitants of an electorial district.
“Constituent. He who gives authority to another to act for him. The term is used as correlative to "attorney", to denote one who constitutes another as his agent or invests the other with authority to act for him.
“Constiture. Lat(-in). To appoint, constitute, establish, ordain, or undertake. Used primarily in ancient powers of attorney, and now supplanted by the English word "constitute".
“Decanatus: A deaconry. A company of ten persons. Also a town or tithing consisting originally of ten families of freeholders. Ten tithings compose a hundred.
“Decanus: In Ecclesiastical & old European law, an officer having supervision over ten, a dean. A term applied not only to ecclesiastical, civil but to civil and military, officers. An officer among the Saxons who presided over a friborg, tithing, decannary, or association of ten inhabitants; otherwise called a “tithing man” or “borsholder”, his duties being those of an inferior judicial officer. Decanus militarius; a military officer having command of ten soldiers. In Roman law, an officer having the command of a company ... of ten soldiers.
Bovier’s Law Dictionary, 1856
CONSTABLE. An officer, who is generally elected by the people.
2. He possess power, virture officii, as a conservator of the peace at common law, and by virtue of various legislative enactments; he may therefore apprehend a supposed offender without a warrant, as treason, felony, breach of the peace,
TITHING, Eng. law. Formerly a district containing ten men with their families. In each tithing there was a tithing man whose duty it was to keep the peace, as a constable now is bound to do.
These citations show that the Jurisdiction of “Constables” is that of Ten Men, each to be a Head of a separate Household, if possible. “Constables” are Elected Directly by their 10 household “Constituency”, which is a related term. “Power of Attorney” is herein given to the “Constable” to act in the behalf of the other Nine members of his “Constituency”. Once this unit is formed, they have a “Socially-Compacted” - “Constitution”, under the Natural/Organic-Law of their Own Private “Body-Politic”. Here-under , it is no one else’s business what they do, so long as they conform to the minimal duties obligatory over them to the larger community under “the Rules of the Common-Law”, precisely as worded in the 7th Amendment to the US Constitution.
This Independent Sovereignty among their own “Body-Politic” exists whether they have made written notations as to how they are Constitutionally Organized, or not. (Please see the document “The Laws of Nature & Nature’s God ... ” for further discussion.) It is good to have things written down in order to form our “Constitution” for our “Constituents” under our “Constable”; but it is not necessary. Please note that these terms are all related, & further that this is essentially a Spiritual Boding Process, wherein: “they were all knit together in one society, and bound ... for the peaceable behavior of each other.”
Mutual “Trust” herein becomes of critical importance. It can mean life or death, especially when it comes to the ability of the Group’s Constable to preform his “Peace-Keeping” Duties, or “Community Care-Taking Functions”. He needs to be able to Command the Loyal Allegiance of his “Constituency”. Keeping the “Peace” by him for the entire group is hereunder Protected by the Law within the various States & of this entire Nation. And though such an officer should be chosen based upon his ability to discern prudently how to deal with potentially violent situations, there should be absolutely no wavier in obedience to his directives from those under his authority, unless the Nuremberg principle clearly comes into play wherein the higher powers of God’s Holy Spirit under Good “Conscience” & Reason” clearly “Dictates” that he is seeking to accomplish some act which is fundamentally Un-Conscionable, & therefore should Not be Obeyed.
Such occurrences should be extremely rare. When they do happen, there should be a soon upcoming proceeding for the ostracism from the group of either the Constable or the person so refusing to obey his commands; for such events clearly imports a grave breach of the “Social- Compact” by one or the other of them.
Please note the clear reference, especially from the “Tithing” & “Deacnus” definitions to “Ecclesiastical” Law & Officers, aka: the Church. This form of “Law” is Spiritual, Natural, Organic, Vigilant. Hereunder, these smaller “Body-Politics” move as a single life form, like a heard of Alaskan Musk Oxen forming the circle to protect the young from the wolves. As an ant farm, a school of fish, or a flock of birds, moving in flight through the wind as a single recognizable entity, bound together by their mutual spiritual collective-consciousness. All this as a single military unit, to keep the “Infidels” at bay. The term “Malitia Christie” is referenced in web page material focusing on English Celtic history as “Soldiers of Christ”. Such seems applicable here, especially when the Evils of the later Norman Conquest is properly calculated.
Our “Constable” is the Head of a “Township”, Village, Neighborhood, Parish, or Deaconry ; with the words “Town” & “Tithing” being both related to the word “Ten”. Similarly related is the word “Deacon” under the Latin based metric numerical system for the word “Deca” as in “Deca-Liter” for measuring liquids. The “Constable” is not only a Executive/ /Military/Policing Officer, he is also an “inferior Judicial Officer”. Mr Schweitzer has made reference to “Three Judge Panels” as instruments having great authority in Common-Law, & it seems from my memory that he was referring to these “Three Judge Panels” being the Tribunals which exercised Judicial Process at the Ten Household Township level, as this is the lowest level of “Political-Subdivision” of the “State Sovereignty” within our Common-Law.
We have clear Biblical support giving our Constable complete Judicial & Executive authority on the smaller all matters. All controversies are appealable on up to the Fifty or Hundred Courts, for Jury Trial. Our Constable is supported though if the Appellant is doing “Frivolous” Appeals, because the Jury being bound by “Dictates of Conscience” will surely punish additionally for the audacity of one who willfully refuses to acknowledge true merits manifesting from the Constables Judgements. Those controversies in which the Constable has any Reasonable Doubt as to how “Godly Justice” should be Administered, should be passed voluntarily by him on up to the higher courts, without even anyone requesting such. It is part of his Duty as a Spiritually Sensitive Leader of his “Constituency”.
Our Biblical Citations read that “On the word of 2 or 3, a matter shall be decided.” Hereunder, when a Constable acts as Judge or “Justice of the Peace”, his decision may be given added support by the “Sworn to be True” Testimony of any 1 or 2 other “Good & Lawful Men”. This would help to break into the “Full Faith & Credit” aka: “Comity” recognition needs from all other Courts & Peace-Officers in the Land. Such is the “Law of the Land”; aka: the Common-Law. Hereunder, our Constable’s “Political-Subdivision” of the Sovereignty of the State is deserving of this all powerful “Comity” aka: “Full Faith & Credit” as mentioned in the 11th Amendment to the US Constitution, & Full Recognition in the other Courts which operate under the authority of this “State of Oregon”, & the other States, & the Fedaralies. Process from the Constables Township Court &/or “Three Judge Panel” is certainly worthy of equally as much “Good Faith” as any Civil Judge, who is but a mere “Civil-Servant”, under Legal Disability by way of his Employment under Civil Law. Our Constable is suffering from no such Legal Disability, but is rather exercising the Sovereignty directly.
And actually, considering how his Arrest Powers as a Statutorily Recognizable “Peace Officer” allow him to Arrest anyone when he has “Probable Cause” to believe that a Crime has been committed; hereunder, the Judicial Power becomes almost a moot point. Hereunder, “Judicial Power” becomes an “after the fact” concern. Hereunder, “Judicial Power” becomes a “clean-up” mechanism for “Crimes Committed”, & if our “Constable” (or any other statutorily recognizable “Peace Officer”) can be proven to have acted in “Bad-Faith” by Not having an actual “Probable Cause” for a “Reasonable Man” to believe that a Crime was Committed, then that “Peace Officer” will go to Jail.
Thus, “Judicial Process” is not even statutorily obligatory or technically needed until well after the arrest, as shown in the statutes further herein.
However, when this Power of “Instant Arrests” presents situations in which the wrongdoer undertakes to “Resist Arrest” with “Force”, hereunder this author believes that such additional “Breaches of the Peace” so as to complete the Arrest (then & there) are Only “Justifiable” by our “Constable” when he is capable of presenting to a “Jury” of “Reasonable” & “Good & Lawful” Men that the Arrested Man was posing a “Clear & Present Danger” such as did amount to a “Breach of the Peace” of the Community. Hereunder, our Constable should always travel with a Deputy, or other “Good & Lawful Man”, so that “Upon the Testimony of Two or Three, a thing shall be Established.”
In those rare cases in which our Constable is alone & there is no preservable evidence of the observed wrongdoers clear & present danger to society, our Constable should strive to find some such evidence, & that being exhausted to no benefit; our Constable must make a decision to allow the danger to continue, or to “use such force as is necessary” to cause the danger to the community from the wrongdoer to come to an end.
Hereunder, our “Constable” must rely upon his own “Good Reputation” in the Community; for if the alleged wrongdoer is brought onto the Court as a Dead Man, & the alleged wrongdoer has also been a “Good & Lawful Man” of “Good Reputation”, hereunder we have a very socially traumatic situation.
However, such should be very rare, as Men of “Good Reputation”, within the old Common-Law Neighborhood Self-Policing systems as among “Christian Nations” very rarely engaged in such activities, & any wrongdoer which our Constable may so encounter, would most likely be a transient with no “Reputation” in the community. Hereunder, “Reputation” among the community was of great personal importance in such “Christian Nations”. Thereunder, whatever momentary lusts may be served by a man indulging in some form of wrongful behavior was not of sufficient benefit to him to endanger his possible loss of standing in the community.
That this spiritual dynamic be true is affirmed by Professor Hogue from Harvard University in the above citation wherein he affirmed that this precise system of Policing was the “the Most Efficient Police System in Western Europe”.
“Arrest” by our Constable upon another man of “Good Reputation” & of “Good & Lawful Character” should result in the Immediate Imprisonment of the wrongdoer, or (as referred to in ORS) in the placement of the wrongdoer in the “Correctional Facility” from which our arresting Constable is predisposed towards entrusting the care & keeping of such wrongdoers as the duties of his office obligates him to have at his ready employ. Imprisonment should be accomplished as soon as possible, so that accusations against our Constable of such wrongdoing as is routinely done by municipal policemen may be minimized.
Immediately after the securing of the wrongdoer (who otherwise has “Good Reputation”) in the Constables “Correctional Facility”, the Constable should take it upon himself to contact the wrongdoers “Community of Interest”, or at minimum, give the wrongdoer a phone so htat he can do the contacting himself.
Our Constable should carry with him at all times a Form Letter similar to that which is in accompaniment hereto entitled “Due Course & Process of Law for Arrested “Persons”
which sets forth
***********************************************
If a potential “Resisting of Arrest” Situation is Encountered, our “Constable” should immediately mentally flash upon how he is going to explain his actions before a Jury. If the opposing man is of “Good & Lawful Character” & “Good Reputation” among the community, then our Constable should
be able to see that he may destroy the
additional charges may be brouhgt against him
has serious reservations about pushing this envelope of direct Arrest under modern DeFacto Criminal Regimens though. Quo Warranto Convictions by Common-law Jury should first be obtained, & even then feelers should be put out so that this doesn’t blow up in our faces, & so as to avoid causing net increases in “Peace” Disturbances.
To quickly fill in some important background to our picture of the historical dynamic reflected within the word “Constable”, the ancient Anglo-Saxon-Celtic-Nordic European communities were almost all divided into these ten & hundred groupings as mentioned herein.
Lesserly mentioned, but also present herein, were the Fifties & the Thousands.
With this in mind, we may reach back to our most ancient bedrock historical documentation in the Old Testament (aka: “Torah”) of the Bible to examine Exodus 18:21 & 25.
Hereunder, Moses & his father-in-law Jethro refer twice to “Rulers of thousands ... hundreds ... fifties, & ... tens”. Deuteronomy 1: 15 uses the same numerical terminology but referring “Captains” instead of “Rulers”. These Biblical verses all indicate that both Military & Judicial powers were embodied within even the lower levels of the offices.
It is clear that this precise same numerical arrangement of tens, fifties, hundreds & thousands organizational structuring was anciently practiced under ancient Israel’s Mosaic Law, & that this was the precisely same hierarchal governmental organizational model used by these Northern European Races. Of further great significance is the fact theat the Number Twelve also plays such an important part in both Ancient Mosaic Israelite Law & as well as that for these Northern European Races. Our modern Juries are derived directly from the Number Twelve, & this is held to be basically Sacred, thought many haven’t the slightest clue as to why. Remember that the Tribes of Israel were divided into Twelve divisions. Though direct references seem thin, It surely would not seem far fetched for Moses to have sought the council of the leaders of each of the Twelve Tribes before moving on many subjects. Hereunder, we would have precisely that same process of actual decision making by Moses as practiced by the Northern European Races.
How can this exact same pattern have been used by Moses, as well as the Northern European Races? May well informed & Honorable men consider this to be mere Coincidence? Hardly. Though documentation for the tens & thousands groupings has not been made known to this author, Christ Jesus is shown to have organized his followers along this Mosaic Model at Mark 6:40 as he “sat them down buy ranks, by hundreds & fifties”. The total number indicated at that scripture was Five Thousand, & Luke 9:14 backs this up by showing that the “five thousand” were organized into “fifties”.
It is again a suspiciously dark mystery as to why documentation on this important point is so thin, however in light of the well known fact that Christ Jesus was very big on organizing the decision-making leadership/governing bodies among His “Christian Nations” by Twelve Apostles, & that this cross-confirms connections to both the Mosaic Model as well as to that of the Northern European Races, hereunder we have “Probable Cause” as “Reasonable Men” to “Form the Belief” that Christ Jesus establishes the link between the older Mosaic-Israelite Governing structure, & the otherwise unexplainably substantially similar Governing Structures of the Northern European Races. Remembering that Christ’s followers were thrown to the lions, & that multitudes of books were burned & such; perhaps we are fortunate to have this much. Web pages devoted to preserving Celtic History in England have more fully set forth linkages between these Governmental Models. This entire aspect is delved into in much greater detail in our accompanying document “The Laws of Nature & Nature’s God”.
However for our study here, it should now be clear to the student that these smaller forms of self-governing & self-policing “body-politics” were incorporated into early American & Oregon Jurisprudence. They were all patterned after that process previously used in England because England had preserved a more Pure Form of Israelite based Christianity than any other nation on the Planet, especially in comparison with Rome. This is all well recognized in Magna Carta, in which Christianity plays such an important part. These most ancient concepts of Godly Natural “Law” have been preserved within in our modern Anglo-American Jurisprudence by way of specific recognition within the “Special & Local” exemptions from Civil Jurisdictional Molestations in the various State Constitutions. Why? Because as stated in:
<<Chisolm v Georgia? I think No. We Cut & Pasted over to the Natural Law Document here, & must hereafter constrain to a tighter & blessedly shorter subject matter focus.>>
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The main point here is twofold. First: We have bedrock solid authority in “Law” for forming ourselves into Ten-Man-Units, & Electing our own “Constables”. Second: We have clear authority “In Law” under “Justification” for going to work by Arresting those who commit clearly recognizable “Breaches of the Peace” aka: “Criminal Behavior”.
Also of great importance, we must recognize that this system for self-policing & self-governing at the Ten-Man “Township” & “Constable” level is very fragile.
The Civil War, WW-1 & the early American economic depressions has seriously traumatized our collective body-politic memory of these early systems of self-governing. For all practical purposes it is Extinct in modern America. But that has been the case on previous occasions also, & it has bounced back before. Hopefully it will do as again. Though we who hold to these ideals are absolutely spiritually & physically exhausted by the stressful nature of our environments which are caused by our strict adherence to this idealistic belief system, our basis in “Law” has the power of Nuclear Atomic Bombs. Our position in “Law” could not be stronger. It has been purposefully obscured from us by those same forces whose mindless Lawless goyum drones wore Red Coats during the Revolutionary War. We have the technology. We can re-build the “Body-Politic”. Our voices may be week & frail, but we know whereof we speak. Great thanks to our Ancestors, & Glory to God. We proceed.
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How “Private Persons” may “Justifiably” Use “Physical-Force”as recognized
under Statutes such as Oregon Revised Statutes (ORS):
To start here, & before we examine our Constables empowerment Statutes, we need to first examine those statutes within ORS which proclaim that the Civil Government of the modern “State of Oregon” recognizes that it is Lawful (upon proper circumstances) for “Private Persons” to use Force against other persons, when the first person Reasonably believes the second person to be involved in the commission of a “Crime”.
And actually, each reader needs to take another step back & to do an inventory of his State’ Statutes to how many of the basic Common-Law Crimes have been properly Statutized. There are not that many Common-Law Crimes. They are the same basic acts everywhere on the planet. Each must involve a actual Body Harmed, “Corpus-Delecti”, “Breach of the Peace”; & a “Culpable Mental State” reflecting a “Mens-Rea” Knowing & Willful Intent to Harm a Person.
These are well settled “Maxims of Law” as derived from eons of Jury Trails among “Reasonable Men” within “Christian Nations”. The “Laws of Nature & Nature’s God” document explains these things much more fully.
This author is convinced that Oregon’s Civil Government has statutized every Common-Law Crime. They are usually considered as “Felonies”; frequently “Class A” (especially when threats of Deadly Force are involved). Hereunder, 20 Years in Prison is Statutorily authorized.
So, from here we recognize that Our State’s Civil Government recognizes that these Common-Law “Breaches of the Peace” are Crimes, usually Felonies. This is a very important foundational point to remember. It greatly empowers both Us as Individuals & our Constables as our “Peace Officers” to move against those epidemically Corrupt “Civil-Servants” when they commit their routine “Felony Crimes”. Hereunder they “Justify” Arrest actions both by us as “Private Persons”, when we so move in “Good Faith” so as to effect these Arrests, as well as by our “Constables”.
Our first statutes to examine hereunder are defensive in nature, They are ORS 161.190, 161.195, 161.200:
JUSTIFICATION:
161.190 Justification as a defense.
In any prosecution for an offense, justification, as defined in ORS 161.195 to 161.275, is a defense.
161.195 "Justification" described.
(1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions. ...
161.200 Choice of evils.
(1) ... conduct which would otherwise constitute an offense is justifiable & not criminal when
(a) That conduct is necessary as an emergency measure to avoid an imminent public or private injury; and
(b) The threatened injury is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.
The term “Public Servant” (as used in 161.195) is not defined this chapter 161, however it is defined in the neighboring chapter 162.005 (2), & thereunder both our “Constable” & we as Individuals fit in nicely.
Under these statutory citations, we see that we have great latitude for arguing that our use of Force is “Justifiable”. All of these Citations between 161.190 through 161.275 are under this header of “Justification”. “Justice” has herein been Statutorily “Established” in this “State of Oregon”, precisely as is Required from the Legislature under the Preamble to Oregon’s Constitution. The essence of the Common-Law among “Christian Nations” has herein been given basically all of the Statutory empowerment that it needs . We can live with this. This is a “Level Playing Field”. From within such Statutes as these, we can do battle against those Forces of Evil which have waged relentless war against the Forces of Good since before the time that Christ Jesus was Nailed to the Cross (or stake).
Please note ORS 161.195 which plainly states that
“...conduct which would otherwise constitute an offense is justifiable & not criminal when it is required or authorized by law...”
This together with the entire body of the “Choice of Evils” Statutory quotation as given above (in ORS 161.200) plainly provides a Statutory Loophole wide enough to drive a Freightliner Truck through. This is as it should be, so as to allow “We the People” to escape their Private Municipal “Malum Prohibitum” overlay from ORS 131.205 which otherwise entraps the populace from within their “ABOVE the land & water with respect to which the State of Oregon has Legislative Jurisdiction.” Please review another document entitled “Resistence to ORS 131.205- “ABOVE” Jurisdiction”, for needed background on this dynamic.
Many among the Legislative Assembly together with their Lawyer-Council seem to have become aware that there is essentially a “Private War” going on between the International Banking Military Industrial Complex” & their Oregon State Bar Association (on the one side), as posed against “We the People” of this “State of Oregon”, & our “General” & “Public” Laws. They know that these Evil “Powers that Be” are committing Inter-National, Inter-Sovereign Crimes against the Sovereign People who “Constitute” the “Body-Politic” of this “State of Oregon”. They had to provide for us this nice fat wide doorway out from under the Bad Faith, Criminal ORS 131.205 Private “ABOVE” Jurisdictional overlay. “Treason” would most certainly be properly chargeable otherwise.
This “Justification” hereunder provides us with “Justification” for refusing to obey Any of their Statutory “Malum Prohibitum” Legislation. Precisely as stated in ORS 131.190:
“In any prosecution for an offense, justification ... is a defense.”
Hereunder, Land Use Requirements, Zoning Regulations, Gun Control regulations, Traffic Licensing requirements, Profession Licensing requirements, Compulsory School Attendance, Marijuana & other Drug Prohibitions; All of this “conduct which would otherwise constitute an offense” is “Authorized by Law...” , that is If We Say it Is so: “Authorized by Law”.
If no one moves into the present vacuum to “Speak-Law” through the “Juris-Diction” of Our True, “State of Oregon”, then the bad guys win by default. However, if We as “Private Persons” or our ‘Constables” move to effect Arrests in manners which are otherwise Un-Statutory, such actions are plainly recognizable hereunder as being “justifiable & not criminal”.
These statutes hereunder authorize any among “We the People” to virtually Ignore & to Hold as NOTHING the vast majority of Oregon Revised Statutes. Most other states probably have substantially similar provisions. These Fundamentals cannot be emphasized strongly enough. We have the Statutory Authority to use the Civil Courts to convert this State of Oregon to a Christian Common-Law “Malum in Se” Libertarian Republic. Both the Constitution itself & these Statutes re-affirm upon each other in support of this proposition that Each of “We the People” are Lawfully Authorized to proceed in this vein of Liberty under Law, to effect “Arrests” if “Justifiable”; Immediately & Forthwith.
With our Foundational Under-Standing of “Justification” hereunder solidified in the firm knowledge that we may do basically any act which does not “Breach the Peace”, our study may now proceed to the Statutory recognition that Each of “We the People” as Individuals have the “Inherent” Power to may Make “ARRESTS” within this “State of Oregon”. Article 1 Section 1 of Oregon’s Constitution affirms that “All Power is Inherent in the People”. These Statutes are merely evidence that the Legislature has Conformed their Statutory Enactments to accommodate that which is Obligatory upon them by way of their position as Oath-Bound, Pay-Check-Taking, Public-Treasury-Draining, Civil-Servants. They “Owe” this as a “Duty” to Each of “We the People” who “Constitute” the “Body-Politic” of this “State of Oregon”.
An accompanying document citing relevant statutes to this study set forth other statutes which delve into other areas where “Private Persons” are also statutorily recognizably authorized to administer Force, such as in self-defense. We will not delve into those details here, but if time allows, a good student of these matters will review those statutes also. It really is of highest priority to become intimately familiar with these particular statutes. They work together closely, they become fibers in a fabric, which all pull together to move the Law under which all “Civil-Servants” are “Duty-Bound”. We may Arrest any such Civil-Servants who step beyond their Statutorily authorized parameters. Let us back up to review another citation from outside of Oregon’s Statutes, to provide more background support for these most controversial propositions.
“an unconstitutional law is void, the general principles follow that it ... creates no office, bestows no ... authority to anyone, affords no protection, and justifies no acts . . .”
Sixteenth American Jurisprudence, Second Section, 547; & Page 177 (?).
Hereunder, we see that the modern epidemic of Corrupt & Malfeasant “Civil-Servants” are standing unprotected. When they mis-construe “Law” under the guise of “Judicial Activism” or whatever their latest Babylonian Fork-Tongue Excuse is, they do so a their Own Peril, because, as in the above Am-Jur Cite, their empty word-laws “Affords No protections” to them, when an accountability comes knocking. Remember, this all dovetails with our previous ORS 161.190 - 161.200 Foundational study on “Justification”. Just because the accountability happens to be coming forth from a “Private-Person” making an Arrest upon the Corrupt “Civil-Servant”, this does not (by itself) Constitute any “Justification” for interfering with that “Private- Person” effectively carrying out his proposed Arrest. More Specifically:
ORS 161.200: “Conduct ... is Justifiable ... when ... the conduct is Necessary to avoid an imminent Public Injury ...”
It is a “Public-Injury” for Corrupt & Malfeasant Civil-Servants to perpetuate Un-Conscionable In-Justice over “We the People” of this “State of Oregon”. It is a “Public-Injury” for such “Infidels” as these, to be allowed to continue with their rampant plunder of the populace of Oregon. Any “Private-Person” who sees a “Civil-Servant” committing such “Public-Injury” Crimes as these in the presence of the “Private-Person”, should (by all means) take the Law into his own hands, & effect an Arrest there & then; just as is herein Statutorily Recognizably as being Lawful.
In fact, it is Only through precisely such Vigilant Enforcement of “Justice” as this that “We the People” of Oregon may achieve the noble “End that Justice be Established (or Maintained), Order Maintained, & Liberty Perpetuated...”. This is precisely as set forth in the Preamble of Oregon’s Constitution. Without such Vigilant Enforcement of these Common-Law Statutes of this “State of Oregon” by Any among “We the People” (as is so precisely set forth within the Statutes herein referred to) then these noble words in the Preamble to our State’s Constitution (as well as those similar within the Federal Constitution) are but empty platitudes to tickle the ears of soul-lost Slaves who daydream of better days of Liberty under Law.
Here-under, we review first the power of Individual “Private-Persons” to make “Arrests”.
“ORS: 133.220 Who may make arrest.
An arrest may be effected by
(1) A peace officer under a warrant;
(2) A peace officer without a warrant;
(3) A private person; or
(4) A federal officer.”
“133.225 Arrest by a private person.
“A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer. ... In order to make the arrest a private person may use physical force as is justifiable ...”
“161.255 Use of physical force by private person making citizen's arrest.
(1) Except as provided in subsection (2) of this section, a private person acting on the person's own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225.
(2) A private person acting under the circumstances prescribed in subsection (1) of this section is justified in using deadly physical force only when the person reasonably believes it necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force.”
“161.205 Use of physical force generally.
The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances ...
(5) A person may use physical force upon another person in selfdefense or in defending a third person, in defending property, in making an arrest or in preventing an escape, ...”
Hereunder, Oregon Statutes states at ORS-133.220 & 225 that Any “Private Person” may make an “Arrest”. If individual “Private Persons” may exercise these “Arrest” Powers by Statutorily Recognizable Right, as shown herein, then surely our Elected “Constables”, who are Statutorily Recognizable as “Peace-Officers” may exercise them. Please review other Statutes nearby these citations to get the fuller picture. These are but the key points. Oregon’s Statutes affirm these realities to be true. Other States are probably similar.
After such study please find great reason to take heart. We find clear statutory authority herein for any among us to use Physical Force “In Law” against those Criminals who routinely Abuse their Official Positions within the Civil Government against us. This may sound to be lunacy, for it effectively affirms that any among “We the People” may actually contemplate Arresting: Governors, Legislators, Supreme Court & Circuit Court Judges, & such; when we see them do something which We Know is “Statutorily Recognizable” as being a “Criminal Act”. But Oregon is blessed not only with very good Statutes, but our Constitution is one of the best in the Nation. Our “Bill of Rights” is right up front there at Article 1, & in Section 1 thereunder it affirms that:
“... All power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.”
Theses powerful statutes which allow for Individual “Private Persons” to make Arrest are clearly in pursuit of this herein set forth larger Constitutional “Right”; & hereunder, the significant point commonly conceived within the movement to effect a return to Constitutional Government to the effect that the Statutory Codifications are the Enemy of “We the People”, is not necessarily correct. Rather these Statutory Codifications provide us with direct affirmations which may be used in Circuit Courts & elsewhere, to the effect that these Arrest Powers are Lawful for “We the People” as Individual “Private Persons” to Exercise. This is just as the Great Christian Common-Law Leader LeRoy Schweitzwer has spoken:
“We cite the Code to show that we are not under the Code.”
However, at this point the question quickly shifts, away from:
“Do we have the Right to Arrest Corrupt Public Officials?”, & over to:
“So How may we effect an Arrest of Public Officials without getting the stuffing beat out of us by other Corrupt-Public-Officials who routinely seem to back-up the first group?”
Good question. We have an answer, in which our “Constables” are a significant part.
However, we need to first make clear trail-markers here for those who come in behind us (posterity) now that we have intellectually passed a significant threshold if intellectual disorientation, & of which we wish to secure for these others the clarity of vision which we herein now are finally blessed to posses. This is a major blessing to have it statutorily recognized by the Civil Government of the “State of Oregon” (& many other states) that “Private Persons” have the Right to make an Arrest whenever they see any kind of a Crime being committed. This affirms that this very powerful element of the “Sovereignty” IS in the Hands of Each of “We the People”. We need to stop for a moment & give Thanks to that “Almighty God” who is referred to in Oregon’s Constitution at Article 1 Section 2 as the source of that “Natural Right to worship Almighty God according to the Dictates of their Own Consciences.” May this kind of information soon become available to all young men at about the 4th grade. Amen.
This blessed breakthrough being duly noted as background for our “Big Picture” of how the Offices of the “Constables” are to be viewed in modern America, we proceed on to examine more precisely how each “Private Person” is empowered greatly by entering into
a Ten-Household “Social-Compact” for the purpose of providing for their own “Peace, Safety & Happiness by way of electing their own “Constable”.
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How “Constables” may “Justifiably” the use of “Physical-Force”
as recognized under Statutes such as Oregon Revised Statutes (ORS):
We now have established the needed background to basically under-stand why it is so important to organize our “Justifiable” Law-Enforcement & “Peace-Keeping” Efforts behind our “Constables”. As we begin our examination of more “Peace Officer” Statutes, we come to the realization that these “Peace-Officer” empowerment Statutes are essentially almost direct copies from what individual “Private-Persons” are Recognized Statutorily as being Lawfully empowered to do. This is most refreshing, as it re-affirms our hoped for ability to lend teeth to the (herein repeated) great opening statement in Article 1 Section 1 of Oregon’s Constitution:
“... All power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.”
These are Not Empty Words. The Constitutional Mandates weave a fabric which has been respected within Oregon Revised Statutes.
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As mentioned elsewhere, this shows plainly that this Office of “Constable” was “Originally Intended” to be a manifestation of the “Sovereignty” of this “State of Oregon”. Other states are similar. Our “Constables” & our “Justices of the Peace” were Originally Intended to be beyond the reach of Federal & State Civil Governments. Why? Because they have the Elected “Confidence” of their “Duly Constituted” “Constituency”, & under which they have “Consented to be Governed”. That’s good enough. These terms seem to be related. They have been given such authority “By Law”, as recognizable under Traditional Constitutional “Common-Law”.
Before we get into our study of the Statutes, we need to examine one further “Constable” empowerment section of Oregon’s Constitution. After the ‘Supplanting” of Oregon’s Seventh Article governing it’s Duly Constituted Judicial Department, & thus effectively destroying the doctrine of the “Separation of Powers” within all Civil Trial Level & Appellate Level Courts,
sub-section 2b was therein incorporated in order to allow for some semblance of “Good Faith”. These events happened in 1910, & they reach back to our Article 4 Section 23 “Power of the People” section, as mentioned above. It reads:
“Section 2b. Inferior courts may be affected in certain respects by special or local laws. Notwithstanding the provisions of section 23, Article IV of this Constitution, laws creating courts inferior to the Supreme Court or prescribing and defining the jurisdiction
of such courts or the manner in which such jurisdiction may be exercised, may be made applicable:
(1) To all judicial districts or other subdivisions of this state; or
(2) To designated classes of judicial districts or other subdivisions; or
(3) To particular judicial districts or other subdivisions.”
This shows that our Article 4 Section 23 “Constables” Jurisdiction is basically Exempted from the “Supplanted” “ABOVE” Jurisdiction of their Private Civil Courts, because they are “NOTWITHSTANDING” to the recognizable protections inherent upon our “Constables” as an “Inferior Judicial Officer” within Article 4 Section 23. This is very powerful & current recognition of these powers herein being discussed still remaining in the people, as of 1910. Nothing to this author’s knowledge since then has proposed to alter this arrangement within universally recognizable “Law”.
Hereunder, we proceed to our first examination of Oregon Revised Statutes (ORS), & herein we firstly see how our “Constables” are Statutorily Recognizable to be “Peace Officers”; & this with all the Statutory Authority attached thereto; as follows:
“Title 14, Chapter 131; Procedures in Criminal Matters; General Provisions:
133.005 Definitions for ORS 131.655 and certain provisions of ORS 133.005 to 133.381 and 133.410 to 133.450. As used in ORS 131.655 and 133.005 to 133.381 and 133.410 to 133.450, unless the context requires otherwise: ...
(3) "Peace officer" means a member of the Oregon State Police or a sheriff, constable, marshal, municipal police officer, investigator of a district attorney's office if the investigator is or has been certified as a peace officer in this or any other state, or an investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon. ... ”
“Title 16 Crimes and Punishments; 161.015 General definitions:
As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise: ...
(4) "Peace officer" means a sheriff, constable, marshal, municipal police officer, member of the Oregon State Police, investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney's office and such other persons as may be designated by law.”
We may boil all of this down to a more simple citation to the effect that:
Both ORS 161.015 (4) & ORS 133.005 (3) provides that:
““Peace officer” means ... constable... .”
This necessity for Our being able to articulate a linkage between Our “Constables” & the Statutorily Recognizable “Peace Officers” is of great importance. Hereunder, Our “Constables” have this Statutorily Recognizable Ability to basically “step into the shoes” of any Statutorily Recognizable “Peace Officer”. The fact that these “Peace Officers” have great Statutory Authority to move within this “State of Oregon”, & that we need to “Lay Claim” to this “Right” to Self-Police & Self-Govern is further supported by the following most important Statute.
133.033 Peace officer; community caretaking functions.
(1) Except as otherwise expressly prohibited by law, any peace officer of this state, as defined in ORS 133.005, is authorized to perform community caretaking functions.
(2) As used in this section, "community caretaking functions" means any lawful acts that are inherent in the duty of the peace officer to serve and protect the public. "Community caretaking functions" includes, but is not limited to:
(a) The right to enter or remain upon the premises of another if it reasonably appears to be necessary to:
(A) Prevent serious harm to any person or property;
(B) Render aid to injured or ill persons; or
(C) Locate missing persons.
(b) The right to stop or redirect traffic or aid motorists or other persons when such action reasonably appears to be necessary to:
(A) Prevent serious harm to any person or property;
(B) Render aid to injured or ill persons; or
(C) Locate missing persons.
(3) Nothing contained in this section shall be construed to limit the authority of a peace officer that is inherent in the office or that is granted by any other provision of law.
Hereunder, we see that each “Community” has its own “Peace Officer” who is in turn “authorized to preform community caretaking functions.”
Aside form our “Constables”, those who will so Descend from that “ABOVE” Jurisdiction are itemized at ORS ORS 161.015 (4) & ORS 133.005 (3) to be such as a :
“municipal police officer, member of the Oregon State Police, investigator of the ... the Department of Justice or investigator of a district attorney's office and such other persons as may be designated by law.”
Hereunder, some very important concepts become clear.
Most of the herein readers will probably recognize that these latter Statutorily Recognizable “Peace Officers” are falling seriously short in their track record for “Keeping the Peace”. (Actually that pretty well goes for most Sheriffs also, & most Marshals similarly. “Marshals” are presently a strange duck to this author, & will not be discussed, even tho mentioned in these statutes. But other than this ...)
It appears that these “Peace Officers” wear “Two Hats”; aka: they carry Two separate Bodies of Law with them at all times, & where-under they are to perform Two separate codifications of “Duties”. Hereunder, they are supposedly authorized to perform two different forms of “Community Care-taking Functions”. Under their “Municipal Hat” they are authorized to perform “Malum Proihibitum” acts, & to essentially “Breach the Peace”, all so as to “Take” for the Municipal war-chest-treasury. Hereunder, they were to be Limited by Constitutionally Secured Lines of Demarcation upon their Powers, but because of epidemic levels of supposed “Emergency Legislation”, they have been given color of lawful authority to overstep such.
However, under their “Peace Officers” Hat & “Duties”, they are to prioritize prohibitions against “Breaches of the Peace”. Those with functional Reasoning Capabilities will immediately recognize a most serious “Conflict of Interest” between these “Two Hats” which these supposed “Peace Officers” do wear.
This author sees no reconciliation between the two systems of “Law” & the separate “Duties” of each hereunder. As explained in the document entitled “The Evils of Municipal Law”, there are dictionary definitions which show that the “Municipal” Body of Law & the “Hat” & “Duties” assigned thereunder are Irreconcilable with “Natural Law”, aka/: the Laws of God; aka: the “Common-Law”; aka “Due Course & Process of Law”.
These dictionaries specifically state that such “Municipal” aka: “Civil” Law is “Opposed to Natural Law.” If we are to seek harmony within those scientifically recognizable forces which stir the affairs of men, we must seek to arrange our decision-making processes so as to facilitate “Conscionable” & “Reasonable” resolutions to those conflicts which seem to invariably seem to manifest themselves among us. This is a command of “Natural Law”; aka: the “Law of Reason”.
“Conscience” & “Reason” are Not a Concern from within the Municipal or Civil Law.
Hereunder, these “Peace Officers” who seek to “Keep the Peace” by way of “Breaching the Peace”, have bought a “Bill of Goods”, aka: a “Pack of Lies” from those forked-tongued well dressed lawyers who preach this policy of aggressive militarism over the People to such officers. Hereunder, these “Peace Officers” who persist in this policy of misusing their position as a “Peace Officer” so as to gain entry & Trust into the Community & then to misuse that entry
& Trust so as to “Breach the Peace” for their Conscience-less Infidel Masters, these supposed “Peace Officers” are acting beyond the scope of their duly constituted authorities, & hereunder they may be held fully accountable for such under Criminal Law.
In the above ORS Citation listing various “Peace Officers”, & besides “Constables”; “Sheriffs” were the only other “Peace Officers” therein mentioned, & they truly are “Common-Law Officers” Elected by the People, (theoretically, as notwithstanding the propositions contained in such books as “Vote-Scam”). In Oregon any-way, the Sheriff’s truly can be used to some degree to hold at bay that minority of “Civil-Servants” who conspire as an International Criminal-Syndicate of Malum-Prohibitum Infidels.
But hereunder; we can see how: If we don’t Elect our own “Constable” as our own “Peace-Officer” to preform our Own “Community Care-Taking Functions” for us; then that small but powerful minority of “Civil-Servants” who have formed themselves into this Criminal-Syndicate of Psychopaths & who have had their Reasoning Capabilities & their Conscience effectively Lobotomized from their skulls, Will Preform our “Community Care-taking Functions” for us. These will be quite happily met by those Non-Christian Infidels who will govern with heavy hand from the Malum-Prohibitum Jurisdiction of Civil-Municipal Law, & to reduce “We the People” to Slaves. These Criminals will mis-use the Authority from the Constitutionally Limited Legislative Civil Jurisdictional Power of the ORS 131.205 -131.215 “ABOVE” State Government to Descend upon us & wreck havoc & bloodshed & plunder.
Their excuse hereunder is that “Peace” must be “Kept”; & if “We the People” are too stupid to “Keep the Peace” by ourselves, then they will step into the vacuum so as to provide “Peace” for us. The concern that they do their work from Outside of the Constitutional “State” & by way of entirely Lawless Force, is all but a mere technicality to them. So long as we appear incapable of assuming our position as a “Sovereign” entity-State among the Community of “Christian Nations” by guaranteeing to that International Community that we will hold our own members accountable by Judicial “Due Process of Law” for “Keeping the Peace”, then hereunder we have no standing in “Law” to contest how they accomplish their “Peace-Keeping” work among us, & we will be subjected to this outside authoritarian force. (See the accompanying article entitled “The Evils of Municipal Government” for further discussion.)
When we learn to “Speak-Law” by using our various State Statutory Citations accurately (along with the Constitutions, Bible & other powerful helps), we hereby become immensely Em-Powered to Sway the Minds & Hearts of the People who are even remotely open to “Reasoning” upon these matters of “Law”, & with whom we must interact in our pursuit thereof. This is all of Critical Importance because all of this study is leading up to our making the Point as readily understandable as humanly possible that: “We the People” as Individuals & small groups are under “Necessity” of “Duty” before God to use the “Force of the State” & the “Power of the County” & of our other “Special & Local” “Political Subdivisions” of the Sovereignty of YHWH
so as to effect “Arrests” of those who Violate His Laws by “Breaching the Peace”. And our “Constables” are especially so burdened with this Necessary “Duty” before God. Sorry, “It’s the Law”. This is “Law of the Land” as “Originally Constitutionally Intended” within the “General” & “Public” Laws of the American Republican form of Government
This is all affirmed at many places throughout ORS , as will be further shown herein, & other States Statutory enactments are similarly Constitutionally Bound.
As shown thus far here & later, the Statutes give great latitude so as to effect “Arrests” by what the present amalgamated Civil Government of the “State of Oregon” Recognizes as “Peace Officers”. Not one person in a thousand knows that “Private Persons” have the “Natural Right” under the Doctrine of the “Supremacy of Law” within this Constitutional Republic to Directly-Democratically Elect Our Own “Constables” as our Own Supreme “Peace Officers”. If anyone from another jurisdiction has a complaint against us, they are to take it to our Constable, who is Bound to the larger community to produce us at trial. Our “Constable” will call our Jury from Our Own Venue Township/Tithing-Group. Hereunder, there is no longer any reason for “Warrants” to issue against any of us. We may rest soundly in the knowledge that we will not be rousted out of bed in the middle of the night buy some swat-team which has some “Malum Prohibitum” (or even “Malum in Se”) based “Warrant”, as all should come through our “Constable”. Our Constable” is our self-selected & Spiritually Trusted Leader in this Spiritual Battle for Godly Justice under Our Own Personal self-selected Church-State Relationship groups. Our Spirituality is more advanced than that of the Civil Realm of Civil-Servants. Their Spiritual sense of Justice is spiraling downwards, because of the base nature of that body of “Law” under which they function. Our Spiritual sense of Justice, on the other hand (no thanks to them) is spiraling upwards. We are the True “Peace-Keepers”. We proceed in the Name of the “Prince of Peace” within this “Christian Nation”.
The epidemic ignorance concerning these realities has afflicted many Statutory Law Enforcement Personnel, even within the upper echelons, as well as probably even some Judges themselves. Such will not change until smaller groups of “We the People” marshal this information to the fore.
Hereunder, those who are habitually oppressing us, should “Blink”, especially if they are half-way honorable men. We need to be able to make them “Blink” like this. This thwarts their spiritual resolve to move forward in making their Lawless “Malum Prohibitum” based Arrests. Hereunder, they should go scurrying to their superiors to secretively ask them what the heck to do in these situations. And actually we should save them the trip by confronting the Superiors immediately whenever any conflict develops. Our “Constable” should be on the phone to them immediately, call being recorded for evidence in possible later Judicial Process .
Common-Law Basis:
But; We now have Statutory Recognition that We may “Select & Elect” from among Our Own Ranks of Our Own smaller Groups of trusted peers, Any Man who by Our “Consent to be Governed” thereunder, & Our “Vote of Confidence” in him as “Constable”. We may here-under Em-Power him as Statutorily Recognizable “Peace-Officer”to “Get in their Faces” by effecting Arrests of Corrupt Regimen Conspirators, all with clearly recognizable Statutory Law behind him; & of which he may then share the power, rewards, & benefits of with Us as His Self-Governing & Common-Law Sovereign Community.
Hereunder, we have a Statutory Recognition & Affirmation which empowers our “Constable” to do seemingly anything which any other Executive Department Officer within the State’s Civil Government may do. The above ORS Cites refer also to Oregon State Police, Sheriffs, Marshals, municipal police officers, district attorney office & department of justice investigators, as all having the statutorily recognizable status of “Peace Officers”. Most provisions within ORS which relate to empowerment of Police in any form, almost all of these with few exceptions seem to use this specific term “Peace Officer”. Hereunder, we have great recognition that our “Constable” seemingly has all of the authority of any cop in this “State of Oregon”.
Please note the caveat within ORS 133.033 to the effect that:
(1) Except as otherwise expressly prohibited by law, any peace officer of this state, as defined in ORS 133.005, is authorized to perform community caretaking functions.
Hereunder, we find statutory evidence that If our “Constables” become so popular that every person in this State is under the “Care-taking” of a “Constable”, that then the various State & Municipal City Police can basically be put out of business, ie: shut down. Once everyone in the State is so protected, then the “Community Care-taking Functions” of the Municipal Police Officers are “Expressly Prohibited by Law” from acting upon those who have not “Consented to be Governed” within their Private DeFacto Municipal Babylonian “Care-Taking Community”.
They obscure these powerful concepts well. The following section thereform backs this all up.
(3) Nothing contained in this section shall be construed to limit the authority of a peace officer that is inherent in the office or that is granted by any other provision of law.
See, this all reaches back to our Oregon Blue Book citation which is further explained in our related document “The Laws of Nature & Nature’s God”. Quickly, that citation is as follows:
Opening paragraph on County Government (p302-v-1996):
“the American county defined by Webster as “the largest territorial division for local government within a state ...,” is based on the Anglo-Saxon County of England dating back to about the time of the Norman Conquest....
Early county governments in Oregon ... primary responsibilities were ... roads, law enforcement, courts, care for the needy and tax collections.”
Our “Constable” is a Sub-County Office, usually “Local” in Nature or even “Special” in the cases of Churches or Labor Unions, Business Associations or other non-geographically sensitive groupings. This subsection 3 of 133.005 as shown above here clearly indicates a reference back to this older set of Laws. Constitutional Affirmations of these realities are affirmed by way of such case-law citations as:
United States F. & G. Co. v. Bramwell; 217 Pac. 332. 1923:
“Common Law - Adopted as Part of Laws of Oregon.
The common law of England ... as it existed at the time of the American Revolution as far as it was general and not incompatible with the nature of our political institutions, or in conflict with the Constitution and laws of the United States or of Oregon has been adopted as part of the law of the state, in view of Article 1 Section 2, of the Organic Law of the Civil Government of Oregon, Adopted July 26, 1845, and of Constitution of 1857, Article 18 Section 7.
Further, Article 1 Section 33 of Oregon’s Constitution provides that :
“This enumeration of rights, and privileges shall not be construed to impair or deny others retained by the people.”
This last is basically the equivalent of the Ninth & Tenth Amendments to the US Constitution. Most States have similar provisions, & they should be sought out & archived for ready reference. The number of similar references back to these ancient principles of Law upon which Oregon’s Office of “Constable” draws its Traditional Em-Power-ment are overflowingly plentiful. Our basis in “Law” for exercising these Rights cannot be denied by competent persons who seek to maintain Honor.
Provisions in other states are probably a bit weaker, but not much. It is a part of the Republican form of Government guaranteed to each State. Each person needs to research similar constitutional & statutory provisions for their own states to find similar em-power-ment.
Those who edit & compose the Civil Statutes, have hired Lawyer-Attorneys to go over this entire process of legislative enactment. Hereunder, they have dovetailed their Civil Realm nicely with our sovereign Common-Law Realm, so that breaches of Constitutional Intent are minimized as far as possible. It is right there to see.
To again quote the great LeRoy Schweitzer:
“The reason we quote the Code, is to show that we are not under the Code.” “The defactos admit it in their own Code.” “They know God’s Law & the Bible better than does the average so-called Christian.” We proceed.
Upon review of ORS-133.225 & others, it is clear that Individual Persons may Arrest when they observe Criminal Behavior which has been committed directly in their presence.
However, those of us concerned for Social Justice Issues know from experience the Contempt with which such assertions of Justice commonly receive. Hereunder, the Epidemic Criminal Conspiracy (ECC) routinely resorts to direct slander & indirect inferences that such Justice- Seekers are but Lunatics, Lawless-Anarchists, or some similar slanderous slime-move to do a slick-willy out of accountability for their Criminal Conduct.
However, when our “Constable” receives Empowerment from nine other Men or more (as each are Heads of Households, & by way of their “Consenting to be Governed” by him, & “Vote of Confidence” in him) as upon the “Public Record” at General Assembly Election; hereunder, there appears to be a multitude of significant benefits bestowed upon our “Constable” by way of his Status within the Civil Realm as a “Peace Officer”, all as recognized within ORS, as set forth in the accompanying document.
Hereunder, it is plain that very very wide latitude is given to our Constable to make Arrests, & otherwise to Administer “the Force of the State” & the “Power of the County” aka: “Posse Comitatus”. This is only so long though as our Constable believes in “Good Faith” & upon well founded “REASON”, that his Arrest is Lawfully in pursuit of Natural Conscionable Justice, as traditionally defined within Common-Law. Hereunder, all of those “Breaches of the Peace” which are committed by way of Arrest under the so called “Judicial Activism” of the De-Facto Judges & their Nuremberg Pavlovian Dog Obedient Drone Executive Personnel of their Extra-Constitutional Private Emergency Malum-Prohibitum “Biforctaed” Jurisdiction; all these may be retaliated against, by way of Counter-Arrests; when it is strategic to so do. Discretion is called for here, as we most certainly don’t want these mechanisms blowing up in out faces, & causing a net increase in “Breaches of the Peace”.
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Strategy:
Our Constables Arrest-making Strategy may follow different pathways. In view of the Spiritual Nature of this Battle for Social-Justice, & the Epidemic modern Lack of Familiarity with the heretofore explained rock solid “Basis in Law” for our Constable to pursue these “Remedies”to violations of “Public Justice”, it is this authors humble opinion that sending out to habitual or suspected Criminals who claim Lawful entitlement to Public-Offices, should be given good advance notice of what “We the People” are bringing to the fore in our efforts to stop their notorious “Peace Breeching”. It seems to this author that the ancient “Writ of Mandamus” is just about the most effective method available for achieving this end. It’s rock solid history in American Jurisprudence is “derived” from way back in the ancient English “King’s Bench” Courts. Mansfield said:
“It was introduced to prevent disorder from a failure of justice & defect of police. Therefore it ought to be used upon all occasions when the law has established no specific remedy, and where in justice and good government there ought to be one.”
Mandamus seems to overlap Habeas Corpus in many areas, and in view of the broad reaching & comprehensive nature of Mandamus, it should be used when there is any doubt as to a more appropriate Remedy. Statutory Mandamus Provisions such as ORS 30.510 seem to reflect this allocation of Remedial Duties. “Habeas-Corpus” is the remedy of choice for wrongful imprisonment, as the monumental volume of case-law in support of Habeas-Corpus for providing “Lawful Remedy” for this specific & epidemic wrong cannot be matched by Mandamus or any other form of remedy known to Law.
Hereunder, the use of either Mandamus or Habeas Corpus should be thought of and perhaps even sub-titled as a “Constructive Notice” to any Criminal Public-Servant (who is about to re-commit one of their routine Crimes) that if he proceeds thereunder (or fails to proceed as the Law herein is informing him to proceed, as is his Duty) that he will (may) be Arrested for such Crime by the Demandant’s Constable (“committed in his presence” words could be added for more discretion). This would all be as is statutorily recognized as being Lawful at ORS 133.220, 133.235, 133.310, 133.315, 161.235, 161.239, 161-245; & all this in his statutorily recognizable capacity as a “Peace Officer”.
Here-under, it is this authors humble opinion that we should give (to those who may oppose us) lots of warning as to what we are moving forward with in our community. This is all so as to allow for those who may be inclined towards supporting this Lawful Process to have plenty of time to mentally “Reason” upon the essential principles of the “Good Conscience” basis in “Law” which are centrally pivotal to this entire “Common-Law” process. Multiple contacts & generous time allowances before moving forward so as to effect Arrests will make it clear that we have exhausted our ability to bring these “Due Course of Law” Processes for the Administration of the Force of the State & the “Power of the County”. Hereunder, all undecided fence sitters will have plenty of time to warm up to the idea of Truly “Lawful Government”.
Hereunder, we may push the envelope so as to give notice nicely. We may send out Pre-emptive letters to the County Sheriff, County Commissioners &/or local Chief of Police, &/or any others who may possibly oppose us with Lawless Force. Actually, County Commissioners seems to be the best. We need to basically Demand (Mandamus probably) that they Admit or Deny that “We the People” have these powers to Elect our own Statutorily Recognizable Peace Officers. And If they so Deny, set forth their “Basis in Law” for such Denial in a Timely Manner. Model Mandamus Demand forthcoming soon. Letter Rogitory may be preferable. That would be less confrontational. But such documents as this to the local defacto executive personnel should lay the ground-work nicely.
And yet it is well settled that they do not deal with “Theoretical” Cases. If we want an opinion of “Law” from them, we have been repeatedly told that there needs to be an “actual controversy” before the Court. Hereunder, we could set the stage by bringing a Quo Warranto action against some corrupt Officer as in ORS 30.510; & we could accompany this with a properly made out Criminal Complaint, as spelled out in ORS 133.007 & 133.015.
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Making our first Arrest:
Establishing “Probable Cause”:
As our newly elected Constable seeks to establish his authority in Law to make Arrests within the community, this author believes that he should lay his groundwork well so as to minimize the possibility that his actions will not backfire on him. “Probable Cause to believe that a Crime has been Committed” is a classical phrase within the modern & ancient Law Enforcement Community. This phrase must be satisfied before a “Warrant” of “Arrest” may Lawfully issue. The term “Warrant” is related to the term “War” & it rests upon a presumption that the person against whom it is directed has entered into an effective “State of War” as against the rest of the Socially Compacted Community in whose name the “Warrant” is to issue.
Within the modern militaristic heartless loveless cold mechanical police-state which emanates from that minority of powerful Infidels in control of the various Civil Governmental structures of America, it seems that a mere single persons statement (when it is accompanied by the properly placed words “Sworn & Subscribed”) is sufficient to establish that pre-requisite “Probable Cause” so as to authorize “Magistrates” to issue to executive personnel “Arrest Warrants”. Hereunder the “Prison Growth Industry” continues its growth at noteworthy speed, all so as to satisfy the agenda of quota of blood & carnage for those who directly or indirectly profit from this “Spoils” system .
But Common-Law as practiced among “Christian Nations” seems to require a higher standard. The “single witness” system for establishing a line of demarcation over which the Force of the State may be administered so as to effectively destroy a small (or possibly great) portion of the Life of an otherwise “Innocent until Proven Guilty” member of the community, this seems to Conscience & Reason to be woefully inadequate support for such life-destroying presumptions to issue. Hereunder we harken back to Biblical admonitions that “Upon the testimony of Two Witnesses a thing shall be Established”. In fact Two Witnesses is the minimum required in ORS 162.115 to establish “Perjury”. Hereunder, it seems plain that it would be in good form for our Constable to set the stage for his first Arrest by having the readily made out “Sworn & Subscribed” “Criminal Complaints” of Two Witnesses. Possibly having a group of people confront the particular officer, in a public meeting or something, & waving the therein or previously completed “Sworn Criminal Complaints” before all witnesses as the announcement is made to all that such-&-so is hereby placed under “Arrest”
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Specific Penalties for Resisting Arrest by a “Peace Officer” are set forth at 162.315. Hereunder, it is good for our Constable to just remember what-ever Crime the potentially Criminal Civil-Servant has been observed by the Constable (or is “Reasonably Believed” under “Probable Cause”Guidelines) to have been committed, just place it on the back-burner for the rest of the Arrest process here. They may Not “Resist Arrest”.
“Resisting Arrest” hereunder is the first additional Crime which a suspected Criminal Civil Servant will possibly commit, in addition to whatever the first Crime was which originally prompted the Arrest. “Resisting Arrest” hereunder is by itself a “Class A Misdemeanor”, under which 1 year in jail is authorized.
Please note that “Resisting Arrest” is a mere momentary Resistance, for which this zero tolerance is statutorily encouraged. If the Resistence should result in a full “Escape” from the Custody of our Constable (as the Arresting Peace Officer) then that is a much bigger offence, as will be explained later.
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See, the Justice of this whole process is based upon the “Collective Conscience” of the entire “Community” of “Good & Lawful” People, all under Traditional “Due Course & Process of Law” as traditionally recognizable from English Common-Law. Hereunder, they Self-Govern together under “Law” through their own “Politically-Subdivided” Court systems. The exercise of this Correct Judicial Process & Power is an element of International Sovereignty. Hereunder, “Conscience” & “Reason” Rule, as these are but the Will of God, & Nothing Inter-mediates between God & the men composing the Body of that Court.
Under this system, our Constable of each Ten heads of Households exercises his power
under surety-bond of non-monetary “Good Faith” from the other nine members of his tithing group. If he acts irresponsibly, the other nine men are also responsible for his misbehavior. Hereunder, & within such small groups, the dynamic is nurtured wherein the “Town Council” meets to discuss everything which the “Town Constable” has done or is contemplating doing. Hereunder, it is this authors opinion that frequent “Votes of Confidence” should be taken in the leadership of the Constable, perhaps at every meeting, weekly at minimum or so. In this manner, when the Constable acts, he is truly reflecting the collective thoughts of the Township. Here-under, if he acts so as to actually & unjustifiably cause a “Breach of the Peace”, then the whole Township is responsible for making recompense to the damaged party. This provides great slowness & deliberation before the Force of the community is administered. Waco massacres are minimized. This is all good.
This same process of social-bonding for the “Good-Behavior” of the others continues on up in hierarchal manner so that any possible mis-behavior at the lower levels are supervised & controlled by the “High Constables” from within the Fifties, or the Hundreds. And each of these “High Constables” is subject to the Mosaic & Saxon Modeled Thousand-Court with their extra-“High Constable” or “Under-Sheriff”; & then on up to the County Court with the Sheriff.
But this is all only so long as each self-governing structure has not been infected by “Hostile Takeover” from “Infidels”, as is the epidemic situation in County & Township governments toady, especially under “Municipal” formats such as under the falsely named “Home Rule Charters” .
But of specially potentially powerful note here, all persons in the presence of our Peace Officer - Constable who are “Commanded” by the Peace Officer to “Assist in effecting an authorized arrest or preventing ... a Crime”, & who “Unreasonably Refuses or Fails to (so) assist”, is guilty of a “Violation”, as defined at ORS 161.565, & 161.575, for which the offender may be fined.
Hereunder, our Constable has authority to “Command” all others in any situation, including a “Courtroom”, to Assist him in making his Arrest.
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If anyone should even threaten to use violence or physical force to break our Constable’s Arrest, hereunder such person is automatically guilty of “Obstruction of Justice” or Statutorily referred to as “Hindering Prosecution, as at ORS 162.325. This is a “Class C Felony” by it self, where-under the offender can get 5 years in the can. This should be able to be used against Judges right in the Courtroom. A properly elected Constable may notify a Judge right in the Courtroom that he is “Under Arrest”, for any of the numerous “Judicial Activism” Crimes which they routinely commit against innocent people. “Hindering Prosecution” & “Obstruction of Justice” under ORS 162.325 of a properly filed “Quo Waranto” under ORS 30.510 would be ideal. Remember, It is Un-Lawful for Anyone to “Resist Arrest” from Our “Constable” as a “Peace-Officer”.
A really easy one to get them on is “Abuse of Public Office” aka: “Official Misconduct” under ORS 162.414. This is merely a “Class A Misdemeanor”, but it provides good basis for making the arrest, & it can get them up to a year in jail.
“Escape” is codified at ORS 162.145 through 162.165. Definitions under 162.135 show that “Any place used for the confinement of persons charged with or convicted of a crime” is a “Correctional Facility”. Anyone who even attempts to accomplis an “Escape” from such “Correctional Facility” is Guilty of “Escape” in the first degree, which is a “Class B Felony” which can get the offender 10 years in jail.
The only way to break all of this, as in the humble opinion of this author, is if they argue that the term “Constable” is somehow not authorized & empowered by the direct election from 10 private head of household people. However, documentation on that blessedly cold hard reality is rock solid, going back at least to Magna Carta, the Norman Conquest, & even with a bit of work to Moses as shown herein. It seems hereunder that we have lock-down on this process. It needs to be pursued.
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However, the exercise of the power codified within these citations are so Powerful, that their being exercised by “Private-Persons” without the authority of Our “Constable” as a Statutorily Recognizable “Peace Officer”, would most likely blow up in our faces. Our “Constable”further needs people behind him who can argue these forms of Common-Law. A “Common-Law Court” functioning as a “Court of Justice” & with a “Justice of the Peace” as under Article 4 Section 23 of Oregon’s Constitution is ideal. This has most often been basically a Hundred Court, comprised of 10 Constables “Tithing Groups”. But argument can be made that the older “Fifties” would do fine. A good 12 man Jury can be assembled thereunder, though the Hundred Courts were most popular in England.
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Other Relevant Documents; Study Herein Needed.
There is a previously mentioned separate document entitled:
“Resistence to ORS 131.205- “ABOVE” Jurisdiction”.
This document discusses two important statutory sections, one of which this author believes to be a very powerful yet dangerous Statute for our Constable. This briefly reads:
“161.260 Use of physical force in resisting arrest prohibited.
A person may not use physical force to resist an arrest by a peace officer who is known or reasonably appears to be a peace officer, whether the arrest is lawful or unlawful.”
This along with the general discussion concerning the “ABOVE” Jurisdiction are Important & involved discussions & thereunder are separated out for the twofold reason of both keeping this document to a manageable length & to a simplified format.
Another separate document entitled “The Evils of the Municipal Form of Government”, also sheds great light in this Spiritual Battle & which should be studied as time allows.
And again, the “Laws of Nature & Nature’s God” document is of pivotal foundational importance.
Also Document: “Starting a Constables Township/Tithing Group.”
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>From Oregon Laws 1845-1863; S 352:
“A peace officer is a sheriff of a county or constable of a precinct or marshal or policeman of a town, and a warrant of arrest must be directed to and executed by such officer. For this purpose, a marshal or policeman is to be deemed a constable.”
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Last minute notes, 1999: This all needs to be heavily connected with “Quo Warranto” under ORS 30.510. Essay on that soon also, but it is pretty self explanatory when the statute is read, especially with the ccl web page links to Madden v Crawford which speaks on the Quo. This needs to be out asap. Please disseminate amongst militia people & other gun rights people extensively, especially in & near Oregon.
Addition; 2005; Mandamus is now seen to be inferior to the preferred use of “Quo Warranto”. Mandamus, like Habeas-Corpus, makes demands that civil servants do their duties. How-ever, the process invoked through those Writs have No “Teeth”. “Quo Warranto” Has “Teeth”. This is true because Quo Warranto Allows Common People to Directly Prosecute “Criminal Complaints” in the Civil & Common-Law Courts of this State & Nation. Of course, all the defactos (who are speaking on the matter) deny this, but they refuse to cite any “Basis In Law” for their position, & they act as nervous as a psychopath, & we have done our research; & we know they are lying. Documents are now composed explaining these concepts in great detail.
Charles Bruce, Stewart
Sandy Oregon
charles@christiancommonlaw-gov.org
http://christiancommonlaw-gov.org/
http://usa.christiancommonlaw-gov.org/
http://christiancommonlaw-gov.org/GeneralAssembly/