Chapter 3 - Courts
§3. Courts of Record
In the distinction between the varieties of courts, we find that they can be classified and distinguished by the jurisdiction of law and the certain authorities or administrative responsibilities ascribed to them. They can also be divided between Courts of Record (Superior Courts) and Courts not of Record (Inferior Courts). Courts of Record are superior to Courts not of Record, and the judgments held within the former whose jurisdiction is final are superior to all others.
“The judgment of a court of record whose jurisdiction is final, is as conclusive on all the world as the judgment of this [supreme(211)] court would be. It is as conclusive on this court as it is on other courts. It puts an end to inquiry concerning the fact, by deciding it.”212
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.”213
“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.”214
Tribunal- The seat of a judge; the place where he administers justice. The whole body of judges who compose a jurisdiction; a judicial court; the jurisdiction which the judges exercise.215
So from the following definitions and Supreme Court decisions of a Court of Record, it is important to note that we find in order for a court to be a Court of Record it must have four characteristics, and may generally have a fifth, they are as such;
[1] A judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated to hold it(216) (judge is a magistrate and not the tribune);
[2] Proceeding according to the course of common law(217) (not statutes or codes, etc.);
[3] Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony(218);
[4] Has power to fine or imprison for contempt(219); and,
[5] Generally, possesses a seal(220).
When we are a plaintiff in a Court of Record as one of the people, we retain complete authority of our court and are using the judicial system as an administrative facility to carry out our court procedure according to the course of the common law. As such, we should generally possess a seal that would be used for the affixed attestation of any legal documents of significance. Your seal can possess any number of things, although it should remain relatively “simple and sweet”, and have the word ‘seal’ somewhere on it.
Seal- An impression upon wax, wafer, or some other tenacious substance capable of being impressed. In current practice, a particular sign (e.g. L.S.) or the word “seal” is made in lieu of an actual seal to attest the execution of the instrument.221
Private Seal- The seal (however made) of a private person or corporation, as distinguished from a seal employed by a state or government or any of its bureaus or departments.222
Sealed instrument- An instrument of writing to which the party to be bound has affixed not only his name, but also his seal.223
“The affixing of a seal to a contract for sale or an offer to buy or sell goods does not make the writing a sealed instrument and the law of sealed instruments does not apply to such contract.”224
[211 Compiler’s insert
212 Ex parte Watkins, 3 Pet., at 202-203. [Cited by SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973)]
213 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231
214 Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689
215 Webster’s New Practical Dictionary, pg. 707 – (1953) – G. & C. Merriam Co., Springfield, Mass.
216 Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689; Black’s Law Dictionary, 4th Edition, pg. 425, 426
217 Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689; Black’s Law Dictionary, 4th Edition, pg. 425, 426
218 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231
219 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231; Black’s Law Dictionary, 4th Edition, pg. 425, 426
220 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231; Black’s Law Dictionary, 4th Edition, pg. 425, 426
221 Black’s Law Dictionary, 5th Edition, pg. 1210 (1979)
222 Black’s Law Dictionary, 5th Edition, pg. 1210 (1979)
223 Black’s Law Dictionary, 5th Edition, pg. 1210 (1979)
224 U.C.C. § 2-203 (2005)]