[Occupymendocino] all about the Common Law Grand Jury

[agnes at mcn.org]

Occupy All,
    This common Law grand jury could be used to prosecute banks or the
government for not enforcing the decision of the Schneiderman and 49
states consent decree with the banks not to use robosigning(forgery)
in foreclosure documents.
Agnes


NOTE: The following rules only apply to a republic such as the USA.
For a monarchy such as Great Britain substitute the word "baron" for
"people",
and substitute the word "subject" for "citizen".
Also, in the USA, a peer is one of the people (not citizens).
In Great Britain, a peer is one of the nobility.
This website last updated May 18, 2009.
Common Law Grand Jury

Rules

APPLICABLE LAW

The government must accept the Magna Carta as common law if pleaded as such.
Source: Confirmatio Cartarum, Article 1
www.1215.org/lawnotes/lawnotes/cartarum.htm

Basic requirements and procedures for a common law grand jury:
Source: Magna Carta, Articles 52 & 61
www.1215.org/lawnotes/lawnotes/magna.htm#52
www.1215.org/lawnotes/lawnotes/magna.htm#61

HOW CONSTITUTED

Grand jury members must be elected by the people (not citizens) of the
jurisdiction in which they are operating.

There are no rules defining a procedure for how they are elected. The
people, without the influence of government, decide for themselves how the
grand jury members are elected.

There must be 25 members.

QUALIFICATIONS

The members must be "people" of the jurisdiction and not "citizens" of the
jurisdiction.

For example, they must be "People of the United States," or "People of
California," or "People of the State of California"; not "citizen of the
United States," nor "citizen of California," nor "citizen of the State of
California."
www.1215.org/lawnotes/lawnotes/pvc.htm
http://www.1215.org/lawnotes/lawnotes/sovreign.htm

Each member must be sworn in and promise to observe all of these rules
and, so far as within his power, cause all the rules to be observed.

QUORUM

When the grand jury meets, if any are absent after being summoned, then
those present constitute a quorum.

All decisions of grand jury are decided by majority vote of members present.

If any member dies or leaves the country, or in any other way is prevented
from carrying out the grand jury's decisions, the remaining grand jurors
shall choose another to fill his place and he shall likewise be sworn in.

FINALITY OF DECISIONS

No decision of a grand jury is reviewable in any court of the government.

JURISDICTION

Any government transgression against anyone in any respect.

Any government breaking of articles of peace or security.

Any dispute regarding anyone who has been disseized or removed, by the
government without a legal sentence of his peers, from his lands, castles,
liberties or lawful right.

PROCEDURE I
Dispute Settlement

If the grand jury is informed of any dispute regarding anyone who has been
disseized or removed (by the government without a legal sentence of his
peers) from his lands, castles, liberties or lawful right, then the
dispute shall be settled by the grand jury.

PROCEDURE II
Enforcement

Four of the members must be shown that because of the government,
      A. A transgression has occurred against any one in any respect, or
      B. Some one of the articles of peace or security has been broken

The four members must show to the government the government's error.

The four members must ask the government to amend that error without delay.

If the government does not amend the error within 40 days after being
shown the error, then the four members shall refer the matter to the
remainder of the grand jury.

The grand jury may distrain and oppress the government in every way in
their power, namely, by taking the homes, lands, possessions, and any way
else they can until amends shall have been made according to the sole
judgment of the grand jury.

LIMITATION OF POWERS

The grand jury may not imprison or execute any government personnel or
their children.

PUBLIC SUPPORT

Anyone (people or citizen) who chooses to help enforce the grand jury
decision must first swear that he will obey the mandates of the grand
jury, and that with them to the extent of his power he will impose the
grand jury's decisions upon the government.

The authority to support the grand jury is pre-authorized by the government.

If anyone refuses to support a grand jury decision, the government will
force him to swear his support of the grand jury.

LIMITATIONS ON GOVERNMENT

The government is prohibited from doing anything to diminish the effect of
the grand jury.

If the government does prohibit or diminish the effectiveness of the grand
jury, it shall be vain and invalid and may not be used in any later
proceeding by the government or anyone else.

TERMINATION OF ENFORCEMENT

When all issues are settled to the satisfaction of the grand jury, things
shall return to normal as they were before. No grudges.


Reactivating the Common Law Grand Jury

A Brief Strategy Suggestion

BACKGROUND

When the colonies separated from England, King John retaliated by revoking
the charters. Technically, the colonies were without any legal authority
to operate. However, civics (the branch of political philosophy concerned
with individual rights) was generally taught and known by the people who
asserted their rights and maintained order by applying the common law. The
people united in the form of common law grand juries and continued the
functioning of government.

As the legislatures matured they slowly increased governmental power while
simultaneously reducing personal sovereign power. This was done through a
combination of passing pro-government legislation and reducing or
eliminating education about civics. Today, two and a quarter centuries
later, hardly anyone even knows the meaning of the word, "civics."

Despite the fact that the state and federal constitutions still
acknowledge the common law as the ultimate law system, people everywhere
are conditioned to believe that the statutory law and codes are the only
source of law. The only remaining common law term generally known among
the public is "common law marriage."

The common law grand jury is now dormant only because of the public
ignorance of its powers that supercede all other government entities,
including the modern statutorily defined grand jury. Awakening the grand
jury will not be graciously accepted by the government. A strategy is
needed to reintroduce this fundamental protection against tyranny and
injustice.

STEP 1 - ESTABLISH LEGITIMACY

The first step is to get public acceptance. Every dictator in history
understood the power of the people and cultivated their support either
through enticements or threats. Reactivating the grand jury concept will
go through four traditional stages: denial, ridicule, violent opposition,
then self-evident acceptance.

Theoretically, the grand jury can meet anywhere, anytime. But that is
hardly good image. One way to get public acceptance and minimize denial,
ridicule, and violent opposition, is to hold the grand jury sessions in
the public court house. The foreman could apply to a court administrator
for use of one of the rooms in the public courthouse. If it is refused,
then the court administrator should, under common law procedures, be sued
for his dereliction of duty.

The grand jury should follow normal protocol. In other words, if the grand
jury begins a process on its own, the resulting accusation is called a
presentment. If a prosecutor orginates a process, then the jury returns to
the prosecutor an indictment (also called a "true bill") on acceptance, or
a "no bill" on denial. [Note: be careful with your words. wrong words may
result in inaction! If you call the presentment an indictment, the
prosecutor may feel no obligation because he did not initiate the
process!]

STEP 2 - GAIN PUBLIC ACCEPTANCE

The second step is to start small. The grand jury could take on issues
which anyone can easily see should be prosecuted. As public acceptance
increases, the grand jury can enlarge its field of inquiry. The grand jury
should have a strong public relations program for this step.

STEP 3 - TAKE ON LARGER PROJECTS

The third step is to take on grander objectives. If the first two steps
are well executed, then this step will be the easiest. With both
legitimacy and acceptance established the grand jury can make itself felt.

See United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d
352 (1992) for a discussion of separation of powers of government and
grand jury.