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Foundation Principles for Free Men

Introduction

These foundation principles are principles first of Biblical law, then as secular law, because, in general, all secular law either emulates, or is a counterfeit of, Biblical law.

1. The Principle of Master and Slave: The Master Does not Serve His Slave

"A student is not above his teacher, nor a servant above his master." Matthew 10:24 NIV.

"The logical deduction from the precedents hitherto established is that, until by its own action it surrenders its authority ... the state's power is paramount over any of its subordinate arms of government. If state control is to be given up to any subservient municipality, the initiative must come from the legislative department of the state, and not from the lawmaking power of the locality. The creature cannot control the creator." Cole v. Seaside, 80 Or. 73, 84, quoted in La Grande v Municipal Court, 120 Or at 112.

"... He was not engaged in duties which, as a servant, he owed his master." Sievers v. U.S., 194 F. Supp. 906, 611-612.

The principle is self-evident. "So God created man in his own image, in the image of God he created him; male and female he created them." Genesis 1:27 NIV. God is the creator, man is the servant. When the state creates a corporation, the corporation is a person subject to the state; the state is the creator, the person is the servant. See also Man or Human.

2. The Principle of Hierarchy: A Man Cannot Serve Two Masters

"No one can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve both God and Money." Matthew 6:24 NIV.

The descending order of Authority in America is: God (the Creator), Man, State Constitution, State, Federal Constitution, Federal Government, Corporations, Persons.

For example, when a government incorporates a "church", the church is subject to the government; it has made the government its god. Government is established primarily to regulate commerce. That fact is not apparent unless one carefully reads the Constitutions of the 50 states or the Constitution for the united States of America. Further, a close look at the statutes of the 50 states will further reveal that the statutes are, with the exception of crimes classified as mala in se, directly related to regulation of commerce. Some states statutes are more obvious than others regarding this; Oregon makes it clear, as inspection of the Table of Titles to Oregon Revised Statutes reveals. Notice the amount of statutes under the heading "Political Code." All of the political code deals with regulating commerce, and such statutes are classified as mala prohibita, because they do not deal with criminal matters, rather dealing with violation of grants of permission to engage in commercial activites under license, such as land use violations, motor vehicle violations, etc. See ORS 183.310(4) (later reclassified to ORS 183.310(5)).

Matthew 6:24 and Luke 16:13 state that one cannot serve both God and money. Commerce is the worship of money, the worship of money is idol worship, and commerce is the religion otherwise known as Capitalism. See also Capitalist and Capitalistic.

Author Peter Kershaw has written Sanctuary of Silence, which is an excellent book on the subject of Church bodies abdicating their "separation of church and state" status to become "non-profit religious organizations" subject to government. These "non-profit" religious organizations cannot serve two masters, and there are many court cases, such as the Bob Jones University cases, to prove that, once a church has become subject to government pursuant to "non-profit" status, the government does in fact control the religious organization.

3. The Principle of the King's Rights: The Creator is Sovereign

"O Sovereign LORD, you are God! Your words are trustworthy, and you have promised these good things to your servant. Now be pleased to bless the house of your servant, that it may continue forever in your sight; for you, O Sovereign LORD, have spoken, and with your blessing the house of your servant will be blessed forever." 2 Samuel 7:28-29 NIV.

The "Sovereign LORD" terminology occurs some 303 times in 294 verses in the Bible. The implication of the term is clear; there is only one Sovereign in the universe, and Man is His creation and servant.

"People of a state are entitled to all rights which formerly belonged to the king by his prerogative." Lansing vs Smith, 21 D. 89. This "prerogative" amounts to the "rights reserved unto ourselves" which was stated as "We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights."

"The United States government is a foreign corporation with respect to a state." In re Merriam, 36 NE 505, affirmed 163 US 625. The federal government is not the sovereign for ones who are not United States citizens. The government is the sovereign to corporations or persons it creates. One who is in a position of being the servant cannot question the demands of the master. The government possesses what is called "sovereign immunity" in relation to those it creates. See also article on sovereign immunity.

4. The Principle of Value: The Real Always Has a Counterfeit

For every good thing that God has created, man has made a counterfeit. Evolution is a counterfeit of creation, Federal Reserve Notes (paper with no intrisic value) are a counterfeit of money (Dollar weights of gold and silver with intrinsic value), the income tax is a counterfeit tithe, the government is a counterfeit church, ad infinitum. When you are able to identify the real, the counterfeit becomes obvious. The real thing is valuable, the counterfeit is not. In general, statutes, which look like law, are written as though law, and which the State applies as law, are counterfeits of real law. The real law may be found in the Decalog, specifically in the sixth through the ninth Commandments as they apply to Man's relationship to Man. All statutory law is derived from these four commandments. However, the statutory law applies to commercial matters; i.e., how one business relates to another business. Commercial statutory "law" may be easily identified when specific words are understood; these words are "penal" and "political." Notice that in the Oregon Revised Statutes Table of Titles, the sections of statutes denominated as "Penal Code" and "Political Code." This table does not identify any "Criminal Code," although ORS 161.010 is the specific section which may be cited as the "Criminal Code" and which is a subset of the "Penal Code." Inspection of 161.010 reveals that the ORS sections it references — with only one or two exceptions — define acts which are explicitly known to be criminal; they are mala in se. The ORS sections in the Penal Code or the Political Code which are not referenced by 161.010 define acts which are not mala in se rather being mala prohibita. This difference reveals that the Oregon Legislature — or at least those who write the legislation acted upon by the Legislature — clearly know the distinction between those acts which are criminal (the real law) and those which are merely politically incorrect (the counterfeit law).

5. The Principle of Acknowledgment: State Your King's Name

"Moses said to God, "Suppose I go to the Israelites and say to them, 'The God of your fathers has sent me to you,' and they ask me, 'What is his name?' Then what shall I tell them?" God said to Moses, "I AM WHO I AM. This is what you are to say to the Israelites: 'I AM has sent me to you.'" God also said to Moses, "Say to the Israelites, 'The LORD, the God of your fathers–the God of Abraham, the God of Isaac and the God of Jacob–has sent me to you.' This is my name forever, the name by which I am to be remembered from generation to generation.'" Exodus 3:13-15 NIV

The solution is to know and to state who your master is.

"My Colors and Authority is the California Bear Flag with the Gold Star. My Law is My Family Bible. And my Status is shown by the Seal of the People. I am who I say I am, not who the U.S. Attorney says I am." At that point, the judge called the next case. From the official court transcript, US v (name obliterated), USDC, Central Dist of Cal, CV-94 (number obliterated), Monday, March 21, 1994, 1:30 pm, page 4.

In a traffic case in California, the judge dismissed the case because the "defendant" indicated that God was his King and not the state, and proved it by submitting a baptismal certificate.

Court cases bear the name of the court where the case was brought; they state their name. In a matter where the government brings an action against a party, the suit states the name of the plaintiff, such as "STATE OF OREGON, Plaintiff" or "UNITED STATES, Plaintiff." The government is the king in matters where it has jurisdiction, in personam or in rem. If the government does not have jurisdiction, it is not the king. The matter of the king's jurisdiction is important in issues of "separation of church and state."

6. The Principle of Jurisdiction: Law of the Land or Law of the Sea

All law comes under either common law (the so-called common law takes many forms so must be defined — herein "common law" is the Decalog and the Constitutional principles in America derived therefrom), known as law of the land (allodial), or under commercial statutes, known as law of the sea (feudal), a.k.a. equity, maritime, admiralty, administrative, municipal, etc. The jurisdictions are mutually exclusive. That is why the Federal Bill of Rights, Article VII, does not establish common law, but merely acknowledges that it exists. The Constitution for the united States of America is "the law of the land" because the people reserved their common law rights to own their property in allodium.

Government permission is always commercial. For example, ORS 183.310(5) states that "license" is any form of "registration" or "permit" to engage in a commercial activity. Commerce is the law of the sea applied to the surface of the land; the user owns only the surface rights, but never owns the land. Evidence of ownership is vested in the one who receives the taxes.

This may also be applied to other property titles. For example, vehicle ownership is vested in the one who issued the "Certificate of Title"; the state is certifying they own the title and the person named thereon may use the state's property so long as they obey the statutes which apply to the property.

7. The Principle of Mixture: Iron and Clay Don't Mix

Remember the story in Daniel about the statute with feet of iron and clay? Common law and commercial law don't mix. Either you are in common law or you are in commercial law. The hardest part of learning for those of us who have gone before was to learn where the fence was built between common law and commercial law. Common law actions and processes are non-statutory; commercial actions are statutory. The simple way to keep them straight is to measure violations against the last six commandments. Those six commandments are the foundation for all common law in America. And when deciding who your master is, remember the first four.

8. The Principle of Adjudication: Common Law Prevails

"Common law of England as it existed at time of American revolution, so far as it was general and not local in nature, was adopted as part of Organic Law of Oregon when State was admitted into union. U.S.F.&G. Co. v. Bramwell, 108 Or. 261, 217 P. 332, 32 A.L.R. 829; ... I mention the fact that the common law is applicable, both in California and Oregon, ..." Sievers v. U.S., 194 F.Supp. 608, 611.

"The Code is 'complimentary' to the common law which remains in force except where displaced by the Code (North Carolina Nat. Bank v. McCarley & Co. 34 NC App 689, 239 SE2d 583, 23 UCCRS 455)." Anderson's UCC, Notes, 1-103:6. Common Law.

"A statute should be construed in harmony with the common law unless there is a clear legislative intent to abrogate the common law (United Bank v. Mesa N.O. Nelson Co., 121 Ariz 438, 590 P2d 1384, 25 UCCRS 1113)."

The Oregon Legislature has also reserved the common law rights (in compliance with the directives of the Constitution of Oregon) to the people, as natural rights are to prevail when "interpreting" a statute. See ORS 174.030.

It should be mentioned here that there is no legislative authority in America to abrogate the common law. In fact, all statutory law is nothing more than a complex written representation of the basics of common law, and which statutory law is usually written in a manner to make the reader think the law applies to him when it usually does not. This method of writing is called "word of art."

"It is hereby ordered that this cause of action is hereby dismissed for lack of jurisdiction since the subject matter has previously been adjudicated and Res Judicata does apply and bars the action." Belo v Johnston, Dist Ct of Dallas Cty, Texas, 95-07735, Order of Dismissal, 08/19/95.

9. The Principle of Due Process: Invalid Process is Void

"What is initially void is ever void and life may not be breathed into it by lapse of time. ... An instrument that is void ab initio is comparable to a blank piece of paper ..." City of Los Angeles v. Morgan, 234 P.2d 319, 322, 323.

Process means a paper prepared in a judicial proceeding. Due process simply means that a Man is entitled to have notice by judicial papers prepared in proper form, and that they must bear the seal of a judicial officer and the seal of a court of competent jurisdiction.

It has become common practice for many federal and state agencies — especially the "tax" agencies — to bypass the due process requirement evidenced by a court proceding resulting in a judgment and order and proceed directly to issuing Summonses or Liens or Levies or Garnishments, etc. Such action is classified as "Simulating a legal process" and, in Oregon, is a felony crime. Nevertheless, many agents ignore that their action is a crime and proceed with malice to the damage of countless people.

Common law courts are judicial; in order for their process to be valid, they must conform to due process. Commercial courts are not judicial; it is impossible for them to prepare process in proper form because they have no judicial capacity. See Constitution of Oregon, Article VII amended. What this means is that any process from the "courts" in Oregon are nothing more than invoices or requests, they do not meet the requirements of due process, they are void ab initio, and they may be dealt with by common law proceedings. See also the article on Courts which are not Courts.

10. The Principle of Use: It is the Use that Determines the Status

"Under UCC 9-109 there is a real distinction between goods purchased for personal use and those purchased for business use. The two are mutually exclusive and the principle use to which the property is put should be considered as determinative." Talcott v. Gee, 72 Cal Rptr 168, reviewed at 5 UCC Reporting Service, 1028, 1029.

"In determining whether or not a motor boat was included in the expression household effects, Matter of Wilburn's Will, supra [139 Misc. 5, 247 N.Y.S. 592], stated the test to be "whether the articles are or are not used in or by the household, or for the benefit or comfort of the family. It is the use to which a thing is put that is the determining factor." Applying that test we find the undisputed facts to be that the yacht was used for the entertainment and enjoyment of testator, his wife, friends and household and was never used for commercial or business purposes. The motor vehicles also were used for the pleasure and convenience of testator, his wife and other members of his family and for his friends and his household. In re Bloomingdale's Estate, 142 N.Y.S.2d 781, 785.

The government presumes all use of items is commercial. They do this for two reasons. First, government has jurisdiction only over commercial matters, so, in order to have jurisdicion, they act on the presumption that what everyone does and has is commercial in nature. Second, because most people do not realize that much of what they do or have is not commerial in nature, they do not rebut the presumption of commercial status (i.e., the party is not in a commercial capacity, therefore the government has no jurisdiction in the matter), but rather acquiese to the government's claims. Failure to rebut is a waiver of any jurisdictional argument, so the party is reduced to arguing over administrative rules.

11. The Principle of Intent: It is Intent that Establishes the Law

Your intent determines your standing. As expressed in the Bible: "Man looks on outward appearance, God looks on the heart." It is a well-settled principle of statutory construction that the legislative intent constitutes the statutory meaning. In Oregon, ORS 174.020 specifies that legislative intent is to be pursued if possible.

12. The Principle of Words: Words Mean What They Say

"I tell you the truth, until heaven and earth disappear, not the smallest letter, not the least stroke of a pen, will by any means disappear from the Law until everything is accomplished." Matthew 5:18 NIV.

Words are either private (common law) or commercial. See the table comparing terms, Real or Counterfeit.  The government, as a commercial entity, does not deal in common law matters; they have no jurisdiction in common law. Therefore, the government uses and teaches only commercial words because their jurisdiction lies in commerce. Public schools are government schools; accredited "church" schools are government schools. Government schools teach commercial words, not common law words. Learning common law words is like learning a new language because the words have fallen into disuse, and common usage has induced most Americans to believe words mean something different than what they actually mean at law. The words "drive" and "person" are prominent examples; both are commercial, with "travel" and "man" being common law words. Oregon says the law means what it says, and cannot be added to or taken away from. See ORS 174.010.

13. The Principle of Battle: Are We at War or at Peace

""Their houses will be turned over to others, together with their fields and their wives, when I stretch out my hand against those who live in the land," declares the LORD. "From the least to the greatest, all are greedy for gain; prophets and priests alike, all practice deceit. They dress the wound of my people as though it were not serious. 'Peace, peace,' they say, when there is no peace. Are they ashamed of their loathsome conduct? No, they have no shame at all; they do not even know how to blush. So they will fall among the fallen; they will be brought down when I punish them," says the LORD." Jeremiah 6:12-15 NIV

What if they held a war, and nobody came? The question is not rhetorical. However, the more correct question is: What if nobody knew there was a war? When a country is at war, it does those things which are consistent with war, and it's actions include battle plans. If the enemy is not aware there is a war, they are unable to prepare battle plans to counter the attack. Americans in Hawaii were not prepared for Japan's attack upon Pearl Harbor; they were unable to effectively counter the "surprise attack" because no one informed them Japan was, or was intending to be, at war with America. Roosevelt clearly knew it was going to happen and allowed it to happen; this is not the forum to argue that issue.

The United States government, subsequent to a contract with the Federal Reserve, went bankrupt about 1919. The Federal Reserve foreclosed on the government in bankruptcy, and the trustees for the receiver in bankruptcy, one of whom was Franklin D. Roosevelt, declared the country to be in a state of emergency. HR 4604, May 12, 1933. FDR, among other actions, reinstituted the Emergency War Powers Act and instituted the Trading With the Enemy Act, which made the citizens out to be the enemy. Since 1933, America has been under the War Powers Act; in order to maintain the state of emergency needed to continue the War Powers Act, we have inherited government programs such as the War on Poverty, the War on Drugs, the War on Crime, the Korean War, the War in Viet Nam, and two Wars in Iraq, among others. Richard Nixon knew of this state of war, yet preached "peace in our time."

Another deceitful act perpetrated upon the people of America during this time was that, after the National Prohibition Act was repealed, Title III of that Act was "extended to and made applicable to [PuertoRico and] the Virgin Islands, from and after August 27, 1935." This action was explicitly related to the Internal Revenue Code of 1939 and the Internal Revenue Code of 1954. See 48 USC 1402. Although this "law" applies only to Puerto Rico and the Virgin Islands, the Internal Revenue Service [IRS] (a pseudonym for the Bureau of Alcohol, Tobacco and Firearms [BATF, now BATFE]) has been using this "law" to terrorize Americans in the 50 states into "paying their taxes" and making war on them if they don't "voluntarity" file 1040 returns. To clarify, the "Personal Income Tax" applies only to Federal, State, and Local government employees and contractors. There is nothing wrong with the tax laws; the wrong is that the revenue agencies maliciously and forcefully extort billions from millions of people that are not within the scope of the revenue laws.

Unfortunately, the vast majority of Americans are unaware of the "war" and are therefore unable to respond appropriately. The only lawful venues outside this "war" are the common law or Cannon Law for those within Church jurisdiction.

14. The Principle of Study: Don't Take My Word For It

Those of us who have spent many years learning about Biblical law, the common law, and the counterfeit statutes government has perpetrated upon us, have experienced many occasions where material presented was inaccurate. In some cases, it appears the inaccuracy was due to deliberate misrepresentation, in others it was due to poor research, and in others it was due to typing mistakes.

In order to help you start checking what you receive, first measure it by the above principles. If you learn the above principles thoroughly, you will be able to quickly discern whether material is probably accurate. You can then confirm by doing your own Biblical study (better to start with the Bible and learn it well), then by going to law dictionaries and other law sources to check the words and phrases, and by looking up the quoted cites to confirm that the conclusion conforms with what the case says.

A list of starting points follows:

Bible: My opinion is that no version is completely accurate. I use eight to ten different versions, plus an interlinear and Strong's. I also ask questions of people from Eastern countries about particular phrases; the Bible was written by people who lived in Eastern cultures, and Western minds do not always understand the idioms used. I have found their answers help me undestand Biblical idioms much better than what I have learned from Western teachers.

Law Dictionaries: Use earlier versions of Ballantine's, Black's or Bouvier's. Later versions have become more and more corrupted with commercialism.

Other Word References: Words and Phrases [W&P], American Jurisprudence [AmJur] and American Jurisprudence 2nd [AmJur2d], Corpus Juris [CJ] and Corpus Juris Secundum [CJS].

Court Cases: Court cases are cited by name of parties, book (volume number and series), starting page, and page where cite is found. For example, Dooley v US, 21 S.Ct. 762, 763 means:

Plaintiff: Dooley
Defendant: United States
Book: Volume 21 of Supreme Court Reporter
Page: Case starts on page 762, cite quoted is on page 763.

The hardest part is to learn all the various series of cases published. Generally they are:
United States Federal Supplement [F.Supp.]
Federal Reporter [F.]
Supreme Court Reporter [S.Ct.]
Lawyer's Edition [L.Ed.]
United States Supreme Court [U.S.]

States are either under the state name:
Oregon Supreme Court [Or.]

Or in regional series:
Northwest Reporter [NW]

Many of these series will have so many volumes in the series that they start a new series:
Federal Reporter is now in three series: [F.], [F.2d], and [F.3d].

Statutes and Regulations: Statutes and Regulations are found in state or federal books.
Federal United States Code [U.S.C.] or [USC]

The USC are published in two different sets by two publishers:
United States Code Service [U.S.C.S.] or [USCS]
United States Code Annotated [U.S.C.A.] or [USCA]

The statutes do not stand alone; Congress authorizes Federal departments and agencies to promulgate regulations to particularize the general scope of the statutes.
Code of Federal Regulations [C.F.R.] or [CFR]

All regulations and other Federal decisions and procedures are published in the Federal Register and Congressional minutes are published in Senate or House procedings.
Federal Register [FR]

Examples of state statue publications.
State Oregon Revised Statutes [ORS]
Oregon Administrative Rules [OAR]
Revised Code of Washington [RCW]
 Etc.for other states

Original Legislation: Original legislation is published in books which reflect the acts of the legislature for that session.
Federal Public Laws [P.L.] or [PL]
Statutes at Large [Stat.]
State of Oregon Laws [O.L.] or [OL]

Court Rules: Although they are not judicial in nature, the administrative hearing units publish books of their "court" rules, which are used for cases brought into those "courts".
Federal Federal Rules of Civil Procedure [FRCivP] or [FRCP]
Federal Rules of Criminal Procedure [FRCrimP]
State of Oregon Rules of Civil Procedure [ORCP]
State of Washington Rules of Civil Procedure [WRCP]

A Final Contrast: Will the Real Declaration of Independence Please Stand Up —

They submit those semantics to be vicariously taught,
that all persons are incorporated with equal civil rights,
that they are granted by their Incorporator
with changing revokable privileges.

 OR —

We hold these truths to be self evident,
that all men are created equal,
that they are endowed by their Creator
with certain unalienable Rights, ...

So Be It
Bruce Craig, Director and Pastor

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All Rights Reserved
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