Common Law Grand Jury

COURTS OF RECORD AND COURTS NOT OF RECORD - "The former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt. Error lies to their judgments, and they generally possess a seal. Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded". "A Court of Record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial" A court of record is a superior court. A court not of record is an inferior court. Inferior courts are those whose jurisdiction is limited and special and whose proceedings are not according to the course of the common law. Criminal courts proceed according to statutory law. Jurisdiction and procedure is defined by statute. Likewise, civil courts and admiralty courts proceed according to statutory law. Any court proceeding according to statutory law is not a court of record (which only proceeds according to common law); it is an inferior court. “The only inherent difference ordinarily recognized between superior and inferior courts is that there is a presumption in favor of the validity of the judgments of the former, none in favor of those of the latter, and that a superior court may be shown not to have had power to render a particular judgment by reference to its record. Note, however, that a ‘superior court’ is the name of a particular court. But when a court acts by virtue of a special statute conferring jurisdiction in a certain class of cases, it is a court of inferior or limited jurisdiction for the time being, no matter what its ordinary status may be.
COURT OF RECORD - Conclusion, from the definitions above, that a court of record is a court which must meet the following criteria:
1) Generally 450 has a seal
2) Power to fine or imprison for contempt
3) Keeps a record of the proceedings
4) Proceeding according to the common law (not statutes or codes)
5) The tribunal is independent of the magistrate (judge)
NOTE that a judge is a magistrate and is not the tribunal. The tribunal is either the sovereign
himself, or a fully empowered jury (not paid by the government)


The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceeding according to the course of common law.

“An Ordinance for the government of the territory of the United States North West of the river Ohio”

Ohio is one of the five states that originated from this ordinance therefore Ohio is restricted to operate its lawful courts pursuant to common law which allows for a common law grand jury.

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