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Virtual Law Library

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Virtual Law Library

Postby lostandfound » Tue Feb 22, 2011 6:16 pm

http://librivox.org/commentaries-on-the ... lackstone/

Commentaries on the Laws of England (1765)
by William Blackstone

The Commentaries on the Laws of England are an influential 18th century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765-1769.

The Commentaries were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The Commentaries were influential largely because they were in fact readable, and because they met a need. The work is as much an apologia for the legal system of the time as it is an explanation; even when the law was obscure, Blackstone sought to make it seem rational, just, and inevitable that things should be how they were.

http://thesecretpeople.wordpress.com/library/
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Re: Virtual Law Library

Postby grndslm » Tue Feb 22, 2011 8:46 pm

So if I want to learn Common Law, Blackstone's Commentaries is where it's at??

That last link is quite the eye-catcher. Will definitely have to put my E-reader to some real use after that catch.
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Re: Virtual Law Library

Postby lostandfound » Tue Feb 22, 2011 8:56 pm

grndslm wrote:So if I want to learn Common Law, Blackstone's Commentaries is where it's at??

That last link is quite the eye-catcher. Will definitely have to put my E-reader to some real use after that catch.


No,.....well yes, but i like this,it is more exciting. ;) =

http://commonlawjurisdiction.wordpress.com/

Start there.
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Re: Virtual Law Library

Postby Shikamaru » Fri Feb 25, 2011 6:27 pm

grndslm wrote:So if I want to learn Common Law, Blackstone's Commentaries is where it's at??


It is a portion of English Common Law. The body of English Common Law is quite extensive from King Alfred's Book of Domes (pronounced dooms) to Blackstone's Commentaries and everything in between. Let's not forget other venerable writers (which were many) on Common Law including the Chittys, Glanville, Edward Coke, and many more as well as jurists such as Hale, Holt, Coke, Mansfield, and more.

Let us not forget the major documents of English Common Law i.e. Magna Carta, Charter of the Forest, English Bill of Right, etc.

There are also the statutes of Parliament as well as the edicts of the Kings.

Common Law was also called "the King's Law" by the subjects. The book History of the American Bar by Charles Warren will shed more light on the previous statement.

Common Law was developed primarily through and under feudalism. I, personally, would divide common law into two periods: Anglo-Saxons and after the invasion of the Normans.

The courts were just as much political institutions controlled by the King as they were about rendering "justice" (to each man his due).

Common Law was just as much about property and rights as it was about militarism and control.
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Re: Virtual Law Library

Postby lostandfound » Fri Feb 25, 2011 8:24 pm

You might be familiar with, http://www.ecclesia.org/truth/common_law.html

Shikamaru, Great post,thank you for that. I like Coke. ;)

The common law, which is derived from two sources, the common law of England, and the practice and decisions of our own courts. It is very difficult, in many cases, to ascertain what is this common law, and it is always embarrassing to the courts. Kirl. Rep. Pref. In some states, it has been enacted that the common law of England shall be the law, except where the same is inconsistent with our constitutions and laws. Customs which have been generally adopted by the people, have the force of law. The principles of the Roman law, being generally founded in superior wisdom, have insinuated themselves into every part of the law. Many of the refined rules which now adorn the common law appear there without any acknowledgment of their paternity, and it is at this source that some judges dipt to get the wisdom which adorns their judgments. The proceedings of the courts of equity and many of the admirable distinctions which manifest their wisdom are derived from this source. To this fountain of wisdom the courts of admiralty owe most of the law which governs in admiralty cases.
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Re: Virtual Law Library

Postby Shikamaru » Sat Feb 26, 2011 5:42 am

lostandfound wrote:You might be familiar with, http://www.ecclesia.org/truth/common_law.html

Shikamaru, Great post,thank you for that. I like Coke. ;)


Coke is the shizz. I learned sooo much from his writings ...
You'll never be the same after reading his writings. His writings would have had great influence upon the "Founding Fathers".

Coke is great to read to gain context of common law before the U.S. Constitution.

Blackstone is great to read to gain context of common law after the U.S. Constitution.

I forgot to add that Common Law was just as much about customs (probably more so before the invasion of the Normans) as it is about law.

Law can mean 'will'.
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Re: Virtual Law Library

Postby lostandfound » Sun Dec 18, 2011 5:01 pm

"None are more hopelessly enslaved than those who falsely believe they are free. The truth has been kept from the depth of their minds by masters who rule them with lies. They feed them on falsehoods till wrongs look like right in their eyes." ~ Johann Wolfgang von Goethe

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Re: Virtual Law Library

Postby lostandfound » Sun Jan 17, 2016 8:04 pm

A digest of the laws of England respecting real property

https://archive.org/details/digestoflawsofen01crui
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Re: Virtual Law Library

Postby lostandfound » Mon Jan 18, 2016 1:03 pm

Old news, From the above links

Laurence James Howell | Wednesday 26th November 2014 at 15:45

Capacity and the Estates of man.

Preamble.

There are many capacities in which a man may wish to act. I will deal with the 4 estates of man, of We the People, as they impact our lives in reference to HMG and the HMCTS. We have forgotten how to present ourselves.

To make sense of the estates of man we must look to the clues that the Government and the older English jurists have left for
us to uncover.

Lord Coke, sir Frederick Pollock, sir William Blackstone, Henry Bracton and historian sir William Maitland and others wrote in a time when the truth was easier to print. Like the Giza Pyramids they exist and their books and essays cannot be denied.

The people have full control of their actions and body and are able to govern themselves. This is referred to as the sovereignty of the people.

“Our sovereignty cannot be bartered away by the Solicitor General, or even by the Prime Minister, because it is not theirs to give. I speak not only of the sovereignty of this house, but also of the higher sovereignty of the British people”. Mr Alfred Morris MP. Hansard, 17 Feb 1972 Pg. 727-8.

From this quote it can be seen that there is a descending order of sovereignty, duty and obligations.

Part 1

As a man of the people, our sovereignty comes from our creator which is the God of the King James Bible, upon which the Oaths of Office of QEll to govern and the Judicial Oath of Office are based. The oath of allegiance for Judicial Office holders and the Civil Service means that they are sworn to QEll and she is sworn to god and the people.

The first capacity is that of man of god. We occupy the office of man. We the People, as men and women [people] are the beneficiaries of the gifts willed to us in Genesis ch1 and we received god’s blessing and spirit and so we are part of god or god is a part of us.

We have the protection of gods law…love thy neighbour as thy love thyself. Lord Atkins, The Royal Law [L.L. Blake.], page 5.

When a man swears an oath to the higher authority of god he puts himself under gods law, this is his first duty and obligation and he is obligated at all times to act in accord with this law under the terms of the judicial oath, when acting in a judicial capacity.

He can do no harm to the people as he swears to the higher authority of the people through the judicial oath and he is also subject to the peoples law which is the law of the land. This is his second duty and obligation.

The man occupies the office of judge and is sworn to god via the judicial oath but when acting as a judge he is able to rule the people by use of the all caps or estate and again the terms of the judicial oath.

He swears to the higher authority of the people. We, as people are the beneficiaries of this estate and as beneficiaries we can only receive benefits not harm.

In the statutory court constructive trust is used to switch the office of beneficiary to the office of trustee without our knowledge and hence a hidden contract which then voids the proceedings.

All cases laid before the HMCTS are in reality claims against the Estate, identified by ALL CAPS.

Part 2

The second capacity is as a man of the people….. and we are the indigenous people of the country of Britain and the British Isles, but we are governed by QEll via the coronation oath.

The authority to govern the people comes from the people themselves and is the peoples political sovereignty given to QEll in exchange for the protections contained in the Coronation Oath, Judicial Oath and Constitutional documents

The Coronation Oath and Coronation is the qualification that is needed to govern. Before the coronation she is not able to govern as QEll. On her fathers death she was proclaimed Queen and used several regnal titles.

But to govern as QEll, requires that the coronation oath must be taken as part of the coronation ceremony.

We do not exchange our political sovereignty for nothing, why would we ?.
By looking closely at the terms contained in the oath we are able to see just exactly what is being promised in this conditional contract between QEll and God and QEll and the People.

The coronation enables the Queen to govern and the oath enables the coronation. Being coroneted in the prescribed way is part of the process. Although she became Queen on the death of her father and although assuming the official style,

by the Grace of God, of Great Britain, Ireland and the British Dominions beyond the Seas, Queen, Defender of the Faith.

at the time of his death no political power to govern the people is devolved to Her until she receives it from the people via the coronation which embodies the oath with terms and conditions.

Part 3.

Her Majesties Government [HMG] govern the people on Her behalf via the third capacity which is as a people subject.

The government want us all to forget that we are first and foremost a people. As a people, we can subject ourselves to be governed in the interests of living in a society which treats everyone with equality, fairness and respect. The society is formed for mutual protection and advancement of the human condition known as life.

The peoples law is known as the law of the land and is rooted in the customary way in which people settled their differences without resorting to violence when might was right. Customs are not written and the law of the land is the unwritten law. It is often referred to as the law where the memory of man does not runneth, or from time immemorial.

This peoples law is directly descended from gods law of love thy neighbour and directly connects to this law by the words harm no one. Ignorance of the law is no plea and it would take a complete ignoramus to not know this law.

The coronation oath states quite simply that the majesty of the office, or her majesty, will govern the People according to their “laws and customs “.

The word laws is plural so can embody many different types of law, although there is only gods law and the law of the land that stands without the agreement of the parties.

The first duty is to gods law, the second duty is to the peoples law and for men and women who identify as a man or woman of the people then the protection of gods law and the peoples law is available.

The judicial oath of office states quite simply that the oath taker will “ protect the people without fear or favour “ and he swears to god and the people that this is what he will do.

Part 4

The fourth capacity is as a citizen subject, which by trickery is the ALL CAPS estate.

The political authority of QE ll to govern the people comes from the exchange, by the people of the peoples political sovereignty, via the coronation oath by the tacit [unspoken] acceptance of the oath by we the people.

It is an assumption of the Queen, that by not complaining of the arrangement, brought about by the presentation of the Queen to the People assembled in Westminster Abbey and the Recognition by the people assembled there who signify their acceptance of the Queen by loud acclamations, that we agree to this arrangement. [The Royal Law, page 87/88 L.L. Blake.]

Obviously not all the People can fit into Westminster Abbey and so a representative assembly is invited to acclaim the Recognition. This is all in the nature of a conditional contract by way of exchange of the Peoples political sovereignty for the protections embodied in the oath of office of QEll.

We exchange our political sovereignty in what is referred to as the social contract which produces the society in which we live as people subjects first and citizen subjects second. Citizen subject is based on Roman civil law by the use of the ALL CAPS Estate and “persona” or personality. This is all based on the conditional contract of the Coronation Oath but not explained in this way.

Part 5

The society of people in Britain has developed in what is considered acceptable social norms of behaviour or customs. This has occurred over many years and started with the tribes of Britain before the Romans arrived in AD44 and can be referred to as “ law of the land” before time immemorial and is mentioned in Magna Carta which contrary to what some say is as valid today as it was when signed by King John.

The Magna Carter is an enduring lawful trust document and is not unsettled by the Treaty of 1213 between the self styled Vicar of Christ as gods representative on earth, which is a unilateral declaratory title claimed by a man and church with no foundation in fact and that treaty is void.

King John did not sign under duress, as is promulgated by those who would deny the historical significance of the Peoples law as detailed in this first constitutional charter.

Before the Romans arrived in AD 44 the tribes had their own tribal law which was the precursor of what would later become to be known as the law of the land. Different tribes had different customs and it is these customs that over time and by general agreement and usage became tribal law. The tribes themselves had developed from the numerous extended family groupings which had lived in defined geographical areas.

Security was the prime motivating factor in the family groupings banding together for mutual support and later becoming tribes in a similar way to the American plains Indians.

The Romans arrived and proved to be the biggest and most successful tribe and because of the nature of conquest, conflict with the indigenous tribes ensued. They also brought with them their own tribal law and over time subdued many parts of Britain and forced the local tribes people to adopt the Roman way which included their version of tribal law. Being experienced and adept at providing administration in the lands they conquered, the Romans encouraged the people of Britain to absorb the new ways and Roman civil law and many of the ruling tribes sent people to Rome to study and learn.

The society in Britain at that time was pagan and the tribes worshipped many deities. This was little different to the Romans themselves who worshipped the cult of Saturn and as had happened in other conquered lands the Romans were not against integrating local custom and gods into their own way of life in furtherance of keeping a lid on the fierce tribes.

QEll is the latest in a long line of consolidation of leaders and tribes into the head of the principle tribe in Britain. Germanic in origin, much like the Angles, Saxons, Jutes and others of the middle ages, She presides and governs over the people of Britain through HMG. It is not an absolute monarchy but a constitutional monarchy built upon the oath, coronation event and the constitutional documents put in place in exchange for the political sovereignty of the people.

The authority of QE ll comes from the exchange of the Peoples sovereignty or authority via the coronation oath by the tacit acceptance of the oath by we the people. It is an assumption of the Queen that by not complaining we agree to this arrangement .

Coronation Oath

The coronation oath was taken by Elizabeth Windsor as the styled Queen in 1953. It was administered by the Archbishop of Canterbury and the ritual took place before a worldwide audience.

The Queen was not at all happy with the cameras being there and the BBC had a hard time getting the programme approved. John Anthony Hill has proved that the coronation was not carried out in accordance with historical precedent in that the Stone of Destiny upon which the monarch sits, had been stolen and a replacement left in its place.

This was carried out by Scottish students who repatriated the Stone to Scotland from which it had been taken as spoils of war along with William Wallace. The replica weighs 112 pounds lighter than the original and is made from sandstone which is not as dense as the original stone. The Stone of Destiny came to Ireland along with the last princess of the line of the Pharaohs to marry an Irish King.

The stone was taken to Scotland to be used for the coronation of a Scottish King who ruled both Scotland and Ireland.

John Anthony Hill has pleaded in a court case that the Queen had broken her Coronation Oath to God and that she no longer qualified to be Queen. He argued that if she wasn’t Queen then the adjudicator in his trial wasn’t a judge and could not judge his own cause. It resulted in John Anthony Hill being able to talk to the jury without the judge interfering too much and he won the case.

Contained in the oath are the following expressions

1 “ I solemnly promise and swear to govern the Peoples of the United Kingdom … etc.“

2 “ According to their respective laws and customs. “

3 “ I will to my power cause Law and Justice, in Mercy, to be executed in all my judgements “

It is a fact that there are three systems in operation here and they are not compatible with each other.

The first is the Laws of God
The second the peoples law of the land
The third is statute

In 1 the first thing to consider is that QEll is a title, and therefore a fictitious entity. When Elizabeth Windsor was born she was born a female first and foremost, a female entity. She was alive and not a fictitious entity which being fictional cannot be alive. A cartoon character is fictional in nature and cannot mix with a live man or woman.

She was given the title of princess but still retained the capacity to travel and live in her private capacity of Elizabeth Windsor.

We will consider private and public capacities.

Private capacity.

Discounting the implications of “ private “ in a martial law context this is a capacity of a man or a woman. What we do in our private capacity is as a man or a woman. The problem arises when trying to mix together a man or a woman with a fictional entity or set of rules laid down by fictional entities.
How can QEll govern the People? The people are live entities and QEll is a fictional title.

The answer lies in the use of a fictional title granted to the people, for use by the people, to enter the world of commerce and establish contractual arrangements in the fictional world of commerce.

This is in fact a trust and the people are the beneficiaries of this trust.

This is recognised as Mr, Mrs, Sir, Lord, Baron, etc. so Mr John Brown is a fictional version of John Brown and with this device attached to his name John Brown can now enter the fictional world of titles. This is how the titled Elizabeth Windsor acting in the capacity of QEll can govern the people of the UK who do not have a title of their own. She governs the People under consenting contract by the use of a title. It is all contract law-by consent, for a valid enforceable contract there must be agreement of the parties after full disclosure.

Another way of recognising when there is a fictional version of your name in operation is the use of an ALL CAPITALSED version of your name.

Public capacity.

Previously we have seen how attaching a title to a live man or womans name gives them the facility to enter the fictional world. It is known as being in the public or operating or acting in a public capacity. Whether we, as men or women want to enter the public world or not is not the point. The government want us to because the government is Her Majesties Government and since QEll is a title then it naturally follows that Her government will be fictional in nature. In addition all acts and statutes passed by the government are also fictional in nature and only apply to a man or a woman when operating in a fictional capacity which as we have seen is also a public capacity.

Now turning to 2

According to laws and customs…… We have seen how, without our knowledge the government does not inform us about the use of the fictional title. The reasons for this will become apparent later.

laws

Let us first examine the word laws. It is a word that signifies plurality so just how many laws are we talking about? How many systems of law are there?

There can be as many as both parties to an action or proceedings can agree on. The law is fixed by the agreement of the parties.

The fictional government passes acts and statutes and so it naturally follows that these are fictional in nature also. We have seen how by attaching a title to a mans name, this changes the capacity of the man into a fictional entitiy. The man is now compatable with the fictional government and so the rules that the government lay down via the acts and statutes can now be applied to the man by the use of contracts.

The acts and statutes are referred to by the government and police as law, but this is not true. The acts and statutes are from a fictional government and can only be regarded as rules of society which are fictional in nature.

It is a maxim that the law is fixed by the agreement of the parties.

Consider the game of football, it has its own rules very often spoken about as the laws of the game. These rules only affect the players who play the game and by their consent they refer to the rules as law. It is by the agreement or consent of the players that the rules are referred to as law.

How does the government obtain our consent to agree that the fictional acts and statutes passed by the government can be regarded as law by the people? By the use of the legal trick previously referred too, the fictional title or more commonly known as the legal fiction or legal personality which is an estate.

Customs

Here again the word is in the plural and as we have seen from earlier references to the customs of the people living on the land, the customs became the law of the land by long usage and agreement of the men and women who lived in the tribes before the Romans came to Britain.

The Romans brought with them the concept of personality. Originally in the Roman system actors were sometimes employed by the citizens to speak on their behalf in actions brought before the magistrates of the time. A speaking voice, that could state the case in a way that those, not used to Public speaking before a crowd could not.

The actors assumed the personality of the accused so as to be able to speak on their behalf but everyone knew that it was an actor behind a mask speaking or re-presenting someone else.

Although they assumed the personality of the accused everyone knew that the actor was not the accused and was only speaking on the accused behalf. So the actor acts in a fictional capacity on behalf of the accused.

Just like a solicitor acts for a defendant today, he speaks or acts for the defendant and the similarities between the Roman system and our modern day legal system do not end there, in fact the modern day legal system of courts and the actors who work in them can be traced back to the Roman system.

So is the reference to customs in a legal sense or in a lawful sense. As we have seen before, legal can mean lawful if the people give their consent, without consent there can be no law founded on legal concepts.

Without the use of the legal fiction a man or woman is not compatable with the court system and needs to give consent to act in the capacity of the legal fiction so the acts and statutes apply to them by the use of contracts.

Consent

This consent can be given in a number of ways

1 verbally, either knowingly or by trickery
2 in a writing , either knowingly or by trickery
3 tacitly, without expressing verbally either knowingly
or un-knowingly or by trickery
4 by actions, either knowingly or by trickery

The whole system of government is set up in a fictional way. There are many reasons for this and we will explore some of them.

We have already seen that the government passes acts and statutes which are a fictional set of rules which can only be given the force of law by those that agree somehow that the rules are law.

If a man or woman breaks the rules then they are summoned to court by letter. But we have already seen that a man or a woman is incompatible with the court system and acts and statutes. Look at any court summons and you will see it is addressed to a title or the ALL CAPITALISED version of your name.

Most people are not aware of the significance of this device and it changes your capacity and enables the full weight of the court system and rules of government to be applied to you by contract.

The legal system is also fictional and incomprehensible to most people. In the legal fictional world a special language is used called legalese and only trained solicitors are in a position to understand the meaning of statements made by the use of this legalese language. In everyday language most people know what words mean but in legalese everyday words can take on new meanings. Blacks Law dictionaries will give the legalese meanings of the words used by solicitors and the courts.

In a lawful system, logic and reason determine the outcome but this is not the case in the legal system. The amount of statute based rules that are passed by the legislative acts of parliament are not proportionate to the supposed good they do. The legal profession do not want anyone figuring out what they do, so they cloak simple tasks in process and legalese and so retaining a solicitor seems the best course of action for most.

When you do this the court look upon you as an imbecile and you are unable to speak for yourself. You become a ward of the court. The solicitor belongs to a very powerful tribe as do the barristers, QCs and Judges but you are not included, you only pay, it is what you are in court to do.

There are a number of ways that the man or woman is tricked into consenting to act in the capacity of the legal fiction.

Firstly the HMCTS is an arbitration service which will provide the venue and various actors to ensure the smooth running of the case and provide an adjudicator to oversee the fairness of the case in an unbiased way.

By not explaining the significance of the title device to the claimant and defendant it puts both in a position of complete misunderstanding and no contracts can correctly be established because this material fact has not been disclosed. The courts process and legalese work against both parties, defendant and claimant, but with a solicitor on board you do not need to know.

If you present yourself in the case then they work on the basis that you know how it all hangs together so buyer beware or caveat emptor is the order of the day.

Being asked if you are Mr John Brown and answering yes puts you under the control of the judge. Merely turning up at the court building entitles them to believe that you are the legal fiction because the paperwork has been addressed to that capacity. The judges and Clerk to the Justices are very good at word games and will try to get you to admit that you are the legal fiction and so put you under their control.

Asking you do you understand what is being said really means in legalese do you stand under me and its usually the judge doing the asking. By not replying to a question this means they can answer for you and they will, in a way that suits them.

You may be wondering what all the fuss is about and does it matter but consider this, the woman who occupies the office of Queen takes an oath to god and the people and the man who occupies the office of Judge also takes an oath to god and the people.

The Queen swears to govern according to the laws and customs of the people but as we now know this could only be by gods law and the law of the land and this would give us all the advantages and the court system none.

The judicial oath of office is taken by the man or woman who wishes to occupy the office. I swear to god that I will protect the people without fear or favour. Here again he is swearing to the people and this means the peoples law of the land, again giving us all the advantages and the court system none.

But give them half a chance then the Estate device will be deployed along with some legalese and that will put you under the control of the judge who can use all of the court process and his discretion to gain a result against you.

No one swears to look after the legal fiction, that entity has no rights, no protections embodied in the oaths and constitutional documents which were not written for legal fictions or ALL CAPS

Turning now to 3

Law and Justice in Mercy to be executed in all my judgements.

Firstly Law is with a capital letter and means the Common Law, if it was the law of the land it would be with a small letter l. The older Royal Courts of Justice were set up to only determine statute based cases just as the HMCTS is today. Even the Common Law courts are statute based and were known as the Court of Common Pleas.

Mercy comes from god and is available to a man or woman who observes gods law.

These are meanings behind the oaths and it is up to you to decide what you would wish to do. By going to the court building, entering the room and accepting the oath of office of the man who took the oath you, as a man of the people, gain the protection of the oaths and can proceed under the law of the land or gods law.

No duty, penalty or obligation can rest with the people unless and until the oaths of office are adhered to and the unalienable rights and freedoms under god and the inalienable rights and liberties protected by the constitutional documents, the ECHR and the UDHR are acknowledged.

What this means in practice is that at all times the adjudicators hands are tied and are governed by

Gods law, the law of the land, the ECHR, the UDHR, the Constitutional Documents, oaths of office and to at all times act in accord with these documents and at all times to act in a reasonable fashion.
https://thesecretpeople.wordpress.com/2 ... mment-6280
Peace through Love. Laurence James Howell
"None are more hopelessly enslaved than those who falsely believe they are free. The truth has been kept from the depth of their minds by masters who rule them with lies. They feed them on falsehoods till wrongs look like right in their eyes." ~ Johann Wolfgang von Goethe

If you want a picture of the future, imagine a boot stamping on a human face, forever.
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lostandfound
King of my Own Domain
 
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Joined: Mon Feb 07, 2011 2:40 am
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