EXAMPLE QUO WARRANTO

“Notice And Demand For The Oath”

“The natural liberty of man to be free from any superior power on earth, and not to be under the will or legislative authority of man, but only to have the law nature for is rule.”   - Samuel Adams

QUO WARRANTO: “In old English practice, a writ, in the nature of a writ of right for the king (being “We The People”), against him who claimed or usurped any office, franchise, or liberty, to inquire by what authority he supported his claim, in order to determine the right. It lay also in case of non-user, or long neglect of a franchise, or misuser or abuse of it, being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it, or having forfeited it by neglect or abuse.”433 “A franchise, as used by Blackstone in defining quo warranto434 had reference to a royal privilege or branch of the king’s prerogative subsisting in the hands of the subject, and must arise from the kings grant, or be held by prescription.”435

“The doctrine of Sovereign Immunity is one of the Common-Law immunities and defenses that are available to the Sovereign,”436 “The sovereignty of the state does not reside in the persons who fill the different departments of its government, but in the People, from whom the government emanated; and they may change it at their discretion. Sovereignty, then in this country, abides with the constituency and not with the agent; in this remark is true, both in reference to the federal and state government.”437 “Sovereignty means that the degree of sovereign makes law, and the foreign courts cannot condemn influences persuading sovereign to make the decree.”438

“Sovereignty itself is, of course, not subject to the law, for it is the author and source of law, but in our system while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts. And the law (Constitution) is the definition of limitation of power…”439 The people of this state, as the successors of the former sovereign, are entitled to all the rights formally belonged to the King by his prerogative.”440 “A consequence of this prerogative is the legal ubiquity of the king. His Majesty (The Son of God) in the eye of the law (God’s Word, the Bible!) Is always present in all His courts, though He cannot personally distribute justice.441His judges (grand and petit juries) are the mirror by which the Kings image is reflected.”442

Therefore, “the state cannot diminish rights of the people.”443 “no authority can, on any pretense whatsoever be exercised over the citizens of the state, but such as is or shall be derived from the and granted by the people of this state.”444 “the doctrine of Sovereign Immunity is one of the Common-Law immunities and defenses that are available to the sovereign.445

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433 3 Bl. Comm. 262
434 3 Corn. 262 [4thAm. Ed.] 322
435 State v. Fernandez, 106 Fla. 779, 143 So. 638, 639, 86 A.L.R. 240
436 Yick Wo v. Hopkins, 318 US 356, 371 and Terry v. Ohio, 392 US 1, 40
437 Spooner versus McConnell, 22 F 939 @ 943
438 Moscow Fire Insurance Co. of Moscow, Russia v. Bank of New York & Trust Co., 294 N.Y,S. 648, 662, 161 Misc. 903; American Banana Co. v. United Fruit Company 29 . S.Ct. 511, 513, 213 US 347, 53 L.Ed. 826, 19 Ann.Cas, 1047
439 Yick Wo v. Hopkins, 318 US 356, 370
440 Lansing v. Smith 4 Wend, 9 (N.Y.) (1829), 21 Am. Dec. 89 10C Const. Law Sec. 298; 18 C EmDom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219 Nuls. Sec. 167; 48 C Wharves Sec. 3,7
441 Fortesc.c.8 2Inst. 186
442 1 Blackstone’s Commentaries, 270, Chapter 7, Section 379
443 Hurtado v. People of the State of California, 110 U.S.536
444 NEW YORK N.Y. CVR. LAW 2: NY Code - Section 2
445 Yick Wo v. Hopkins, 318 US 356, 371 and Terry v. Ohio, 392 US 1, 40

Example Quo Warranto Complaint,pdf -  by: Kenneth

 

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