Time: Fri Aug 29 09:47:30 1997 by usr05.primenet.com (8.8.5/8.8.5) with SMTP id FAA12367; Fri, 29 Aug 1997 05:55:43 -0700 (MST) Date: Fri, 29 Aug 1997 05:54:06 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Early Common Law (fwd) <snip> > Enforcement of Early Common Law > > >When someone first learns of early common law his reaction may be, how was >this law enforced? If early common law had no connection with government, >then the judge could not use police, military, or prisons to enforce >decisions. Could a criminal simply walk away? > >The short answer is yes. The longer answer, yes but ... > >Suppose someone harmed another person. The judge would instruct the >perpetrator to make restitution to the victim. If the perpetrator refused, >the judge could then use a procedure called outlawry. > >Under outlawry the judge was saying to the perpetrator, we will not force the > >law onto you. You have decided to be outside the law, so be it. And, since >you do not accept the responsibilities of the law, neither shall you enjoy >its protections. Henceforth your legal status shall be no different than >that of a rabbit, squirrel, or any other wild animal outside the law. > >The description of this person who had decided to be an outlaw would be >publicized. Then anyone -- anyone -- could hunt him down and enslave him, >kill him or, perhaps cook and eat him like a rabbit or a squirrel. It was >none of the court's business, the outlaw had made his choice. > >It is difficult to believe there were many cases in which judges found it >necessary to use outlawry. > >[Reprinted from `Freedom League Newsletter', Apr/May 1987] > <snip> ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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