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> Open Letter To John Wilson From Kenn D'oudney, Democracy Defined
Fremen Bryan
post Oct 2 2008, 12:12 PM
Post #1


"The Sleeper must awaken"
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Subject: Re: OPEN LETTER to John Wilson from Kenn d'Oudney, DEMOCRACY DEFINED.

G'day Kenn and Astra,
Perhaps you would consider these thoughts relative to the term "law of the LAND".
There is much parroting and trumpeting by multitudes of pundits who know nought of the subjects of which they parrot and trumpet.
They confuse the LAW of MAN with the LAW of the LAND.
They are not the one and the same, .....oh yes, surely they SHOULD be but the state of this world clearly indicates they are not.
Only STUPID IDIOTS would argue otherwise, still, as Einstein pointed out, the latter (STUPID IDIOTS) abound.
The LAND is not MAN'S for they are only temporary residents thereon.
The LAND is God's (Jehovah - in the Christian Bible) therefore the LAW OF THE LAND is God's LAW.
This confusion is most likely the seat of MANKIND'S immeasurable problems.
Regards
Col






----- Original Message -----

From: Campaign@democracyd efined.org

To: John Wilson <mailto:jhwilson@ rightsandwrong. com.au>

Sent: Thursday, October 02, 2008 12:23 AM

Subject: OPEN LETTER to John Wilson from Kenn d'Oudney, DEMOCRACY DEFINED.




http://www.democrac ydefined. org/ <http://www.democrac ydefined. org/>
The Home Page of The Democracy Defined Campaign
for RESTORATION and UNIVERSAL ADOPTION of
CONSTITUTIONAL COMMON LAW TRIAL BY JURY.


[/font]

http://www.democrac ydefined. org









The Democracy Defined Campaign Philosophy is endorsed by academics, attorneys,

doctors (of jurisprudence, medicine, homeopathy, philosophy, etc.) and judges (U.S. & U.K.).



[font="Times New Roman"](Standard English Spelling)










OPEN LETTER.



Dear John,




We hope all's well with you.




Article 39 of the Great Charter Constitution prescribes "judicium parium suorum
," also known as the Common Law Trial by Jury, for all causes (lawsuits) civil, criminal and fiscal.



Constitutional Trial by Jury bestows sovereign power upon the Juror to judge all aspects of the case, including, the justice of the law and the act of enforcement; the facts; the admissibility of evidence; the motivation of the accused (whether innocent or of malice aforethought) ; the nature and gravity of the offence; on mitigating circumstances and the sentence.



The Juror has the duty to protect the citizen from the prosecution of unjust laws and the acts of prejudiced or incompetent judges, by finding the Not Guilty Verdict according to the Juror's conscience (sense of right and wrong).



The constitutional common law governing Trial by Jury implements the citizens' inherent, inalienable right to instigate a Counter Plaint or charge, presenting the evidence for the jury's consideration as to whether aspects of the law render its enforcement invalid or unjust; that the prosecution is malicious or frivolous, which wastes the jurors' (the court's) time and constitutes a crime, per se.

So, the defence may be simultaneously suing the prosecution for damages, and instigating a criminal trial of the plaintiff. The jury is emplaced to try (judge) the causes concurrently. By this means, the Constitutional Common Law Trial by Jury Justice System discourages or pre-empts malicious private or government prosecutions; and moreover, genuine Trial by Jury swiftly leads to the elimination of inequitable (unjust), bad, arbitrary or unwanted legislation and regulations.


The constitutional common law governing Trial by Jury implements the ordinary citizen's right to place the evidence in a cost-free arraignment of wrongdoer/s (regardless of the 'importance' or position of the accused) in front of fellow citizen-jurors in a Trial by Jury. No one is above the common law of the land. No one is 'immune'.


When the fact of all the people having equal and ultimate control over the enforcement of laws in the genuine Trial by Jury is a firmly established social reality, it makes the passing of tyrannical legislation by national assemblies a fruitless exercise predestined to failure. Tyranny is nipped in the bud.

All this was the explicit purpose of Magna Carta; the Great Charter of English Liberties.



Authentic Trial by Jury comprises a complete constitution of itself, governing the modus operandi of governments. Trial by Jury was installed throughout the nations of Europe and (post) colonial countries, comprising the true pan-European and pan-Occidental Constitution.




Trial by Jury is a unique cause which produces numerous constructive corollary effects throughout the populations which it serves, to the profound betterment of people's modus vivendi. As distinct from despotism and barbarism, Trial by Jury is the definitive foundation of democracy and civilisation, sine qua non.



"Democratic Trial by Jury alone proffers the preservation of individuals without prejudice in regard to their nationality, race, gender, religion and background."
See Democracy Defined Essay EIS#10 "We the People and the Matter of Words."



Trial by Jury has been illegally usurped, and is being denied by politicians and judiciary. The direct outcome of this tyrannical act of denial has been the grave degeneration of Western society: the loss of people's rights to self-determination, liberty, equal justice, property, protection from common and government crime, and for many, the obliteration of the pursuit of happiness.



Denial of the citizen-juror' s rights and powers in Trial by Jury has led to the enforcement of venal, unfounded, inequitable, and crime-generating inherently illegal legislation, and the abuse, penalisation and incarceration of multitudes of innocent people (innocence being defined by common law as the absence of malice aforethought in the motives and actions of the accused; no mens rea).



Currently compounding the general state of injustice and the loss of the social ambiance of freedom and amity, is the fact that governments are party to people being premeditatedly subjected to (avoidable) financial hardship and many are suffering severely from the illegal dispossession of their homes and property. Hence, it is of the greatest consequence that Restoration and Universal Adoption of Trial by Jury be achieved.



All those who today campaign for Restoration of Trial by Jury hark back to the Hellenes' word democratia, democracy, which defined the Hellenic Athenian Constitution of government by Trial by Jury; from which devolved mankind's model Constitutional Justice System of Common Law Trial by Jury; and to Magna Carta, as especially significant phenomena in the civilised ascent of man from barbarity. Restoration Campaigners do not take kindly to those who misrepresent, mistranslate, or who in any way diminish the worth of the Great Charter. At present, John, you put yourself into this category.



There have been those over the course of time who have deliberately mistranslated Magna Carta in order to abet tyrants' desire to deny the sovereign power of the Juror to judge on all aspects of the case and to annul unjust prosecutions and bad laws. Hence, it ill behoves those who claim to 'support' the Great Charter's strictures, to promulgate mistranslations which make a mockery of it.



In response to your current letter, we did not bring into discussion at all, the present-day relevance or otherwise of some of the other articles; and nowhere do we "concede," as you claim, to courts and lawyers being 'arbiters'.



On the contrary, what we pointed out was that that your effort at translation from Latin was at fault. As with all translation, the literal,
"direct translations of a Latin to English dictionary" do not work.



If your competence in any aspect of the self-presentation of your case to the court and/or jury is undermined by yourself and pointed out by courts and lawyers, it cannot be constructive to the successful outcome which we all desire for the Democracy Class Action.



It is important for you to be faithful to the true translation because, if there were a jury it would have to concede that, if Magna Carta says the nonsense which you claim it says, then the jury would have to discount Magna Carta altogether.



Whereas, if it is correctly presented, Magna Carta is very strong supportive evidence.



It is completely unjustifiable, daft, and above all, self-defeating of you (knowingly now, after several letters) to continue to insist on misrepresenting and jumbling up paramount Article 39, which prescribes "judicium parium suorum," the Trial by Jury.



John,




You criticise many another translation for what you do yourself: you "
don't stick to the actual words."



Furthermore, Magna Carta does not translate anything like your attempt following: "No free man shall be taken (1) indeed (2) imprisoned, either (3) dispossessed, or outlawed, or exiled, or in any manner (destroyed) (4), nor ^ ^ (5) (tense change 6) pass over him (7), nor send over him (w00t.gif, except (9) by means of (10) the legal judgment of his own (11) equals indeed (12) the [common 13] law of the land."



Such an incomprehensible version makes the document appear invalid, out-of-date and therefore, bearing no relation to the present-day.



Here is the correct presentation for a jury, lawyers, court and the people, which makes the moral and legal case that no one can be dispossessed or in any way punished unless according to the judgement of the Jury after a Trial by Jury, this latter Trial itself being the central tenet of legem terræ, the common law of the land:





No freeman or free person shall be arrested or imprisoned or deprived of his freehold or his liberties or free customs, or be outlawed or exiled, or in any manner harmed (destroyed), nor will we (the monarch/ the government) proceed against him nor send anyone against him by force or arms, unless according to (that is, in execution of) the judgement of his peers, and (or or, as the case may require*) the Common Law of the land (of England, as it was at the time of Magna Carta in 1215).



* See explanation and the specifics of translation in pp. 23-33 of the essay, "Specific Aspects of Magna Carta, The Great Charter Constitution," freely downloadable from the Democracy Defined Campaign Material webpage; URL below*.



For years we have watched you arguing the p's and q's of laws and issues with correspondents, to try to get them to see mistakes for what they are. For the most part, we have found common cause and actively supported you in this with letters to sheriffs, courts, etc. However, doggedness and determination turn from virtues into vices when they allow you to entrench yourself into plain incorrectitude. (There are some less polite terms which come to mind and are apposite.)



Naturally, it is for you to decide your own course of action. We hope sense will prevail and you will stop misquoting the Exemplar Constitution that is Magna Carta.



Yours sincerely,

Kenn.



Kenn d'Oudney is author of the following books and essays:






THE CONSTITUTION TREATISE <http://www.democrac ydefined. org/5constitutio n.htm> : Why the d'Estaing Constitution Is the Antithesis of Democracy ISBN 9781902848747, see website for endorsements by U.S. & U.K. cognoscenti; http://www.democrac ydefined. org/5constitutio n.htm



TRIAL BY JURY <http://www.democrac ydefined. org/2trialbyjury .htm> : Its History, True Purpose and Modern Relevance ISBN 9781902848723, with edited section authored by U.S. lawyer Lysander Spooner; http://www.democrac ydefined. org/2trialbyjury .htm



THE REPORT <http://www.democrac ydefined. org/1report. htm> , Cannabis: the Facts, Human Rights and the Law ISBN 9781902848204, co-authored by Joanna d'Oudney; Foreword by a Nobel laureate Official Adviser to the U.S. government; endorsed by a Professor of Physiology Fellow of the Royal Society, academics, doctors and judges (U.S. & U.K.); http://www.democrac ydefined. org/1report. htm



GLOBAL WARMING <http://www.democrac ydefined. org/3globalwarmi ng.htm> : The Solution ISBN 9781902848068, endorsed by official Adviser to U.K. government on Environment; academics and doctors of a variety of disciplines; http://www.democrac ydefined. org/3globalwarmi ng.htm



WE THE PEOPLE AND THE MATTER OF WORDS <http://www.democrac ydefined. org/democracydef inedmaterial. htm> ; freely downloadable, indispensable information for the creation and sustainment of legitimate government and society; http://www.democrac ydefined. org/democracydef inedmaterial. htm



*MAGNA CARTA, THE GREAT CHARTER CONSTITUTION <http://www.democrac ydefined. org/democracydef inedmaterial. htm> ; freely downloadable information about the true pan-European and pan-Occidental Constitution; http://www.democrac ydefined. org/democracydef inedmaterial. htm <http://www.democrac ydefined. org/democracydef inedmaterial. htm>




THE VALUE OR OTHERWISE OF LAW DICTIONARIES; part of the contents of a forthcoming book to be published by SRC Publishing. It is nevertheless, for the time being anyway, downloadable for free; http://www.democrac ydefined. org/democracydef inedmaterial. htm <http://www.democrac ydefined. org/democracydef inedmaterial. htm>



ON REFERENDA AND MAJORITY RULE <http://www.democrac ydefined. org/democracydef inedmaterial. htm> ; part of the contents of a forthcoming book downloadable for free;

http://www.democrac ydefined. org/democracydef inedmaterial. htm://http://www.democrac ydefined. org/d...edmaterial. htm <http://www.democrac ydefined. org/democracydef inedmaterial. htm>



RADIOACTIVITY FROM CROPS FED WITH PHOSPHATE 'FERTILISER' IS THE PRINCIPAL CAUSE OF CANCER <http://www.democrac ydefined. org/democracydef inedmaterial. htm> ; some Findings of Fact downloadable for free, extracted from THE REPORT <http://www.democrac ydefined. org/1report. htm> ISBN 9781902848204 (referred to above);

http://www.democrac ydefined. org/democracydef inedmaterial. htm://http://www.democrac ydefined. org/d...edmaterial. htm <http://www.democrac ydefined. org/democracydef inedmaterial. htm>



THE BURIED PRIMORDIAL ATMOSPHERE <http://www.democrac ydefined. org/3globalwarmi ng.htm> ; on why and how the global warming 'sceptics' are deceiving the public; their motive and discrepancies revealed; on the governmental financial subterfuge of carbon and eco 'taxes'; and how the proven CBEE Formulation makes available the pollution-free, renewable, cheap replacement for fossils and uranium, as endorsed by Economics' Nobel laureate, technical & environment experts, and academics; http://www.democrac ydefined. org/3globalwarmi ng.htm <http://www.democrac ydefined. org/3globalwarmi ng.htm>



9-11 TRUTH LINKS COMPENDIUM <http://www.democrac ydefined. org/democracydef inedmaterial. htm> ; select action videos & lectures
; download this compendium which serves as an introduction to the subject, and as a source of additional references for those already familiar with the 9/11 Truth Movement;


http://www.democrac ydefined. org/democracydef inedmaterial. htm
<http://www.democrac ydefined. org/democracydef inedmaterial. htm>
<http://www.democrac ydefined. org/democracydef inedmaterial. htm>




From Astra d'Oudney:



Westerners and People Everywhere!

[/color]

Know and uphold Mankind's Model Constitution
the true
pan-European and pan-Occidental Constitution. ..
...the inspiration for the Founding Fathers and
the basis of the U.S., Australian and other constitutions !


[color="#0000ff"]


Facts and philosophy contained in this essay
have received the following endorsements:



"Thank you for your excellent work on Magna Carta. What a masterly exposition."
John Gouriet, Chairman,
Defenders of the Realm.
Organiser of the Battle for Britain Campaign supported by
The Duke of Wellington,
Edward Fox, OBE and
Frederick Forsyth, CBE.

"Kenn,

Your rebuttal is masterly.
Your essay is a very good read."

Robin Tilbrook,
Chairman & Party Leader,

English Democrat Party



"Thank you so much for this contribution. It is very much appreciated."
Ashley Mote, MEP (Member of the European Parliament),
Vice-President, Alliance of Independent Democrats in Europe.



"Thanks, Kenn. I've circulated this."

Simon Richards,

Campaign Director

The Freedom Association
Founded by the Viscount de L'Isle, VC, KG, PC;
Ross McWhirter and Norris McWhirter, CBE.




This and other Democracy Defined essays comprise material in a book being published by SRC Publishing. However, for the democratic cause, the author (Copyright owner) gives permission to download, circulate and printout the Essay on Specific Aspects of Magna Carta to all interested parties with the proviso that it be kept intact and complete with attribution.


Today throughout the West, the uniquely just form of due process, Trial by Jury, has been utterly usurped by politicians and judges in order to enable legislatures to foist illegitimate antidemocratic measures on the population through the courts. However, the act of enforcement of unjust laws is a crime per se, which is punishable according to law.


Civilisation, sine qua non ['without which not'], is founded in "judicium parium suorum," also known as the Trial by Jury. We explain why this is so in the Magna Carta Essay, to which the URL for free download is given above*. Such a lot of people completely miss this veritable foundation stone of the civilised way of life, that the Democracy Defined Campaign for Restoration exists to educate people as to the indispensability of Trial by Jury to the well-being of the people and the legitimacy of government. Scottish legal historian and philosopher Sir James Mackintosh put it well when he said of Magna Carta:



"To have produced it, to have preserved it, to have matured it, constitute the immortal claim of England on the esteem of Mankind. Her Bacons and Shakespeares, her Miltons and Newtons, with all the truth which they have revealed, and all the generous virtues which they have inspired, are of inferior value when compared with the subjection of men and their rulers to the principles of justice; if, indeed, it be not more true that these mighty spirits could not have been formed except under equal laws, nor roused to full activity without the influence of that spirit which the Great Charter breathed over their forefathers."


Chapter Three, Mackintosh's History of England.



Yours sincerely,

Astra.



Kenn, Joanna and Astra d'Oudney. CEOs/Directors.

http://www.democrac ydefined. org/ <http://www.democrac ydefined. org/>
The Home Page of The not-for-profit Educational Campaign for RESTORATION and

UNIVERSAL ADOPTION of CONSTITUTIONAL COMMON LAW TRIAL BY JURY.
The Democracy Defined Campaign Philosophy is endorsed by academics, attorneys,

doctors (of jurisprudence, medicine, homeopathy, philosophy, etc.) and judges ( U.S . & U.K.).
Join the Campaign ! Download and distribute free posters and educational pamphlets. Membership gratis.




----- Original Message -----

From: John Wilson

Sent: Tuesday, September 30, 2008 7:35 AM



I am not misquoting Magna Carta. The translation I use is according to hereto attachment, ie: direct translations of a Latin to English dictionary. I did it because there have been several versions which don't stick to the actual words. Kenn is entitled to adopt any version he likes...as is a Jury. By Kenn talking about "courts and lawyers", he is conceding to lawyers as being the arbiters, which, in a Trial by Jury (a fully informed Jury, ie), they are not. Also, I do not hold that any part of Magna Carta is to be discarded as being obsolete and unusable.... even if the physical reality of things of the 13th century don't have a part in modern society, they are not worthless and they need to be respected, for what they are.



Yours sincerely,

John Wilson.



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