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 Posted: Thu Aug 15th, 2013 11:19 pm
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Joe Kelley
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[7] Blacks 2nd Edition (1910) (pg 964) defines “public” to mean “pertaining to a state, nation or whole community; proceeding from, relating to, or affecting the whole body of people or an entire community. Open to all; notorious. Common to all or many; general; open to common use”; and

[8] The word “public” is supposed to be derived from the Latin word publicus, which is both circular in meaning “publicus means public” and self serving “of or belonging to the people, state or community”.  However, the Latin roots of pube(s) (age of majority, young adult) and liceo (to be for sale, to have a price/value) indicate the 16th Century CE word public to have an original etymology more akin to “community commerce”; and


Private


[9] Dictionarium Britannicum (1736) defines “private” to mean “retired, concealed (secret)” from the Latin privatus which (unsurprisingly) also possesses a circular definition meaning “privatus means private”. However, the true etymology of this 16th Century word is a little easier to decipher with privo meaning “to deprive, rob, steal, take away” and –atus being a Latin suffix equivalent to –ed in English meaning privatus properly means literally “deprivation, robbing, stealing, seizure”; and
Public = Liberty
Private = Legal Crime


Article I Section 8

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;


Returning to the source from Frank's work:



[26] The right to appoint an attorney is well established in English and Western-Roman Law with the Statute of Merton (1235), considered to be the first English statute, stating “Every freeman that oweth suit to the county, tithing, hundred, or wapentake, or to a court baron, may make an attorney to do those suits for him, 20 H.3. Stat. Merton c.10.  It was not until the reign of George II and 2 Geo.2. c.23 in 1729 that the role of Attorney and Solicitor was enclosed across the realm to a system of indenture with existing members of the Inns Court, also known as “The Temple” and “Temple Bar”; and
The time period 1235 coincides with the Trial by Jury Essay from Lysander Spooner:

Trial by Jury


FOR more than six hundred years - that is, since Magna Carta, in 1215 - there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws.
Back to Frank's work:


(i) Is the court acting as a public forum or a private meeting of a private business or association? If the court is private, who is responsible and under what authority did this responsible person nominate a matter of public interest relating to a public statute to be heard in a private court? And

(ii) Is the judge or magistrate to hear the matter a duly sworn public official or a privateer? If they are a duly sworn official, can a record of the lodgment of their oath be produced prior to proceeding. If they are a privateer, can a record of their warrant or letter of marque be produced and under what authority such letter was granted for this matter?

(iii) If the court is private and the court officers are privateers, what is the insurance, underwriting, bonds or guarantees to ensure that the court and its officials uphold the public law, any fiduciary obligations, act in good faith and swear to speak the whole truth?

(iv) Is there, or is there planned to be one or more bonds issued for this matter? By whom? Under what authority? For what amount? For whose benefit? And Why?

(v) As the matter is in relation to one or more specific statutes relating to one or more legal persons, please provide a summary of the evidence and brief as to what is considered proof and the courts claim of jurisdiction?

(vi) What is the exact form of law and procedure by which the court will conduct any and all hearings and resolution of the matter? Is this public procedure and practice or private? Where is a copy of these procedures listed? If private, by what authority is private procedure used to resolve a public matter?

Note the mention of insurance or bonding.


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 Posted: Wed Aug 21st, 2013 03:56 pm
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Joe Kelley
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Following is a usage of the word private that appears not to be the same definition as the earlier usage of the same word.


Canon 5578 All systems of claim of Sovereign Terrain are predicated on the truth that no man or woman can “own” the physical earth, water or air, except the Divine Creator. Instead, fictional elements created by men and women may be “added” within, below or on top of the earth, water or air and therefore claimed as private property. Thus Sovereign Terrain depends on claims of fictions.

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