David W. Johnson's October 28, 2011 Affidavit of Truth

Note from Timothy Horrigan:

I d
o not necessarily endorse anything said here. I learned a new word from this affidavit: "allodial." In medieval times, an allodium was land which was owned outright by its landlord: no higher power had control over the lord. In today's America, so-called "sovereign citizens" like to claim that their landholdings are "alloidal freeholds" and hence exempt from property taxes and land use regulations. The incident described in this affidavit took place on a small parcel of land which was all in "current use." The assessed value of Mr. Bedard's 11-acre allodial freehold in 2006 was just $104.00, which means that Mr. Bedard would be paying approximately $2.15/year in property taxes, (applying the 2012 tax rate of $20.70 per $1000.) So, Mr. Bedard has actually almost succeeded in avoiding property taxes; however the current use program rather severely restricts what he can do with his land.

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STATE OF NEW HAMPSHIRE DUNNS # 066760232 dba GOFFSTOWN DISTRICT COURT DUNNS # 031579643 9TH CIRCUIT "" DISTRICT DIVISION 329 MAST RD N.H. 03045

[Friday, October 28, 2011]

Petitioner/Injured Party Free American Sovereign
david: Johnson

Fictitious Plaintiff:
dba TOWN OF WEARE DUNNS # 059922737 15 FLANDERS MEMORIAL ROAD N.H. 03281

Commercial Affidavit Of Truth

Regarding the events of September twenty second, two thousand and eleven [9-22-2011]
I, david; Johnson now come in my own proper status, propria persona to herein notice all people of facts known and unknown to wit;

  1. I am a living, breathing, flesh-and-blood, sentient, free and natural person, demand all of my Rights at all times and do not waive any of my Rights at any time, including my Right to time.

    1. I am not a corporate person subject to the codes and statues of the corporation dba STATE OF NEW HAMPSHIRE

      1. There is no lawful contract between me and the corporation dba STATE OF NEW HAMPSHIRE or any of its subdivisions such as the corporation dba TOWN OF WEARE.

    2. demand to be heard only in accord with an actual court of record as defined by the Magna Carta of 1215

    3. I claim all protection from prosecution as enumerated by both the constitution for the united states of America, the Articles of confederation and the Foreign Sovereign Immunities Act

  2. I have not knowingly or willfully engaged in any type of commercial activity whatsoever in the past 6 months.

  3. I object to any and all presumptions of any kind whether past, present or future and demand that any and all agents of any branch of the corporation dba STATE OF NEW HAMPSHIRE take cognizant notice of said objection.

  4. I travel as a mater of right in accordance with Thompson vs. Smith and therefore I carry a "drivers license" for identification purposes only and not as proof of consent of some contract between the state and me.
    "The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right in so doing to use the ordinary and usual conveyances of the day; and under the existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon, for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will." Thompson vs. Smith, 154 S.E. 579 at 583.

  5. Regarding my right to travel, in U.S. v Guest, 383 U.S. 745 (1966), the Court noted, "It is a right that has been firmly established and repeatedly recognized." and in Shapiro v Thompson, 394 U.S. 618 (1969), Justice Stewart noted in a concurring opinion that "it is a right broadly assertable against private interference as well as governmental action. Like the right of association, ... it is a virtually unconditional personal right, guaranteed by the Constitution to us all."

  6. The Articles of Confederation had an explicit right to travel; it is now thought that the right is so fundamental that the Framers may have thought it unnecessary to include it in the Constitution or the Bill of Rights.

  7. The corporation dba STATE OF NEW HAMPSHIRE is bound by title 49 of the UNITED STATES CODE through the NEW HAMPSHIRE DOT as authorized by the STATE OF NEW HAMPSHIRE Governors office.

  8. Title 49 shows the limit of the registration powers afforded to the NHDOT.

  9. My truck does not meet the requirements for registration under Title 49

  10. Title 49 of the UNITED STATES CODE is the only authority consented to by the people of the New Hampshire republic which authorizes the corporation dba STATE OF NEW HAMPSHIRE to regulate or register any type of motor vehicle.
    § 31504 "Identification of motor vehicles"

  11. I register my truck for no other reason than to avoid constant harassment by policy enforcement agents of corporations such as the agents of the corporation dba TOWN OF WEARE and therefore not subject to the provisions of any of the statutory requirements of the NHDOT.

KNOW ALL MEN BY THESE PRESENTS

Whereas The Eternal And Unchanging Principles of The Laws Of Commerce Are:

  1. A matter must be expressed to be resolved.

  2. In Commerce, Truth is sovereign.

  3. Truth is expressed in the form of an Affidavit. .

  4. An unrebutted Affidavit stands as Truth in Commerce..

  5. An unrebutted Affidavit becomes the judgment in Commerce..

  6. An Affidavit of Truth, under Commercial Law, can only be satisfied:.

    1. through a rebuttal Affidavit of Truth, point for point, .

    2. by payment,.

    3. by agreement,.

    4. by resolution by a jury by the rules of Common Law..

  7. All are equal under the Common Law..

  8. He who leaves the field of battle first loses by default..

  9. Sacrifice is the measure of credibility (if one has neither been damaged nor incurred a risk, and is unwilling to swear an affidavit -- i.e., "true, correct, and complete," the commercial equivalent of, " the truth, the whole truth, and nothing but the truth" -- on his unlimited commercial liability for the veracity of his statements and the legitimacy of his action, he has no credibility, and therefore no basis for asserting claims/charges or claiming authority)..



The foundation of Commercial Law is based upon certain eternally just, valid, and moral Precepts and Truths, which have remained unchanged for at least six thousand years, having its roots in Mosaic Law. Said Commercial Law forms the underpinnings of Western Civilization, if not all Nations, Law, and Commerce in the world. Commercial Law is non-judicial, and is prior to and superior to, the basis of, and cannot be set aside or overruled by the statutes of any Governments, Legislatures, Governmental, or Quasi- Governmental agencies, Courts, Judges, and law enforcement agencies, which are under an inherent obligation to uphold said Commercial Law.

KNOW ALL MEN, THAT I CERTIFY IN THIS AFFIDAVIT OF TRUTH THAT THE FOLLOWING FACTS ARE TRUE, CORRECT, AND COMPLETE:

I david; Johnson, Sui Juris, an Art 30 american sovereign of the New Hampshire citizenry, domiciled in Hillsborough County, do solemnly swear, affirm, declare, attest, and depose:

  1. That I am of lawful age and am competent to make this Affidavit.

  2. That I have personal knowledge of the facts stated herein.

  3. That I am not under the lawful guardianship or disability of another.

  4. That I act in accordance with the following U.S. Supreme Court case:
    "The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State, since he receives nothing there from, beyond the protection of his life and property. His rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights."
    Hale v. Henkel, 201 U.S. 43 at 47 (1905).

  5. Consistent with the eternal tradition of natural common law, unless I have harmed or violated someone, or their property, I have committed no offence, trespass, tort or crime against the general good, and I am therefore not subject to any penalty in the form of fines, fees, penance or any restraint of my Life, Liberty or Property.

  6. I rely upon the U.S.A. Constitution, Article VI:
    "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

  7. I rely upon the U.S.A. Constitution, Article I section 10:
    "No State shall...pass any...Law impairing the Obligation of Contracts..."

The following events took place on the night of September twenty second, two thousand and eleven.

  1. I was about 400 feet from the road on about eleven acres of allodial freehold property owned by gary; Bedard

  2. I, david, have been a shooter and/or shooting instructor for over 40 years. I've had reconstructive surgery on my left knee and both my shoulders are bad.

  3. I had been sleeping in my Ford Ranger for approximately two hours when five or more heavily armed policy enforcement agents for the corporation dba as the TOWN OF WEARE woke me from a sound sleep by screaming at me at full volume ordering me to exit my place of rest and by flooding me with bright lights.

  4. The high-powered rifles, which these heavily armed policy enforcement agents for the corporation dba as the TOWN OF WEARE pointed at me, were loaded.

    1. One of these heavily armed policy enforcement agents never took his finger off the trigger. Not while I was handcuffed, not while he walked around.

  5. I was startled as I tried to wake up and assess what was happening to me.

  6. When I reached for my glasses, the screaming intensified.

  7. The ridiculous level of chaos and abuse I was facing by these agents whom I then recognized as enforcement agents for the corporation dba as TOWN OF WEARE was amazing to me. They acted in an abusive and criminal manner toward me; a man who was sleeping in a closed and locked vehicle on private property.

  8. As I exited my place of rest as instructed, I realized they were still screaming at me as if they lacked the mental stability to be peace officers. They were demonstrating irrational, insane and dangerously out of control behaviors. As they screamed at me to lie face down on the wet dirt I could see what appeared to be a paramilitary operation with men pointing high powered rifles and pistols at me. At least one agent was pointing an AR-15 at me and at least one agent pointed what appeared to be a bolt-action rifle at me. I noticed other agents kept me in the sights of their pistols.

  9. I moved slowly due to my knees and shoulders not moving freely which apparently caused the agents to scream in a threatening manner because I wasn't getting down in the mud on my face quickly enough.

  10. I was obviously doing NOTHING wrong, threatening NO ONE and simply SLEEPING in my truck on PRIVATE PROPERTY.

  11. With NO PROBABLE CAUSE and WITHOUT PROVOCATION, with guns pointed at me, they continued to scream like criminally insane and mentally unstable psychopaths, in a very THREATENING manner, for ABSOLUTELY NO VALID REASON.

  12. They traumatized my shoulders when they handcuffed me and did so very tightly as to hurt my wrists and shoulders. The pain was extreme.

  13. Despite my loud objections, they violated my privacy by reading all the papers in my briefcase. I demanded they leave my private property alone, that I was on private property, and repeatedly stated my objection to the search of my vehicle.

  14. Despite my being on absolutely private property and despite their Oaths of Office three of the agents continued incessantly to question me and then one remarked that I sounded like a "Constitutional Ranger" and another stated that I was a "moron.."

  15. I was forced to leave the area.

  16. The agents showed no respect for the rule of law, for me, or for the Oath they took. They behaved as agents of a foreign state.

  17. As I stood next to the police cruiser Officer Jones insisted that the truck be inventoried because it had to be towed.

  18. My non-commercial auto was stolen and towed away against my repeated objections by a company hired to do so by the corporation dba TOWN OF WEARE. Officer Jones told me I could later pick up the truck in New Boston at Lyon's towing. When asked why it had to be towed in the first place, agent Jones claimed that it was because of the possibility that I was a burglar.

  19. Officer Jones and I observed three agents with flashlights reading every document in my attaché case.

  20. I was forced to stand for an extended period of time. I was later forced by agent Jones into the back seat of a car into a very painful position. I was taken in and out of the cruiser several times in an attempt to squeeze me in. Several times, they forced the door shut on my knee that has screws in it. Several times I asked to loosen the cuffs, but they just stated they weren't tight. I sat there and eventually asked agent Jones over and over why the other agents from the corporation dba TOWN OF WEARE were reading all my private documents and why they were behaving like lawless thugs? I asked him if it would take a lawsuit to stop this and he replied "tell it to the Judge or the Governor".

  21. I was sped off to the police enforcement station seated sideways, in serious pain, at wide open throttle, as the agent talked in a one way conversation as if he was trying to bring me to comfort. He was obviously disconnected from reality. It became clear that this agency profits from the extortion.

  22. I was in extreme pain in my knees and shoulders by the time I got to the polic-e enforcement station. I was unable to move easily or lift my arms even after my hands were freed.

  23. The agents insisted on making me talk but I remained silent.

  24. They never ONCE informed me of any rights.

  25. An agent, which I did not recognize, maybe from the pain and weakness, commented on my scars, injuries and the blood on me.

  26. Some agents told me they wanted to send me to the hospital and I informed them I didn't want to go because I had no money to pay for any services but they insisted. The EMT's came and took me into the ambulance.

  27. Once in the ambulance, rogue agent Jones brought me a written statement of a court case and schedule to me.

  28. I was dropped off at the Concord Hospital and examined by a nurse and a doctor. I was later released and left waiting for hours for a friend to drive up from Boston to get me.

  29. I have been without my truck and therefore my ability to earn a living for over a month because I had no money to pay the extortion fees to retrieve my truck.

  30. I was kidnapped from my friend's private property, accosted, assaulted, held at gunpoint, injured, abused and abandoned at a hospital for no reason whatsoever.

  31. I committed no crime, threatened no one and was released without bail or bond.

  32. The corporation dba TOWN OF WEARE has knowingly violated me, the trust of the people of Weare, and multiple federal laws; it is also knowingly committing federal funding fraud.

  33. The corporation dba TOWN OF WEARE has a history of lawsuits against it for abuses against the people of the New Hampshire republic.

  34. The corporation dba TOWN OF WEARE has a known history of corruption.

  35. The corporation dba TOWN OF WEARE has a history of attempting to prosecute innocent people. Bill Alleman is an example of such a person.

This commercial affidavit of truth is made as a matter of record of my own right, sui juris, in my own proper status, propria persona. The corporation dba TOWN OF WEARE shall agree with each and every statement of truth contained herein unless it produces a counter-affidavit under the pains of perjury and enters it into the record prior to the maturity date of this affidavit. All statements not rebutted point for point by counter affidavit shall stand as agreed fact in this and any future disputes involving any agent, department, division or sub-division of the corporation doing business as STATE OF NEW HAMPSHIRE.

An original copy of this affidavit was served in hand to both the clerk of the corporation dba GOFFSTOWN DISTRICT COURT and the agent for the corporation dba TOWN OF WEARE on the twenty-eighth day of October, two thousand and eleven.

This Commercial Affidavit Of Truth
Shall Mature and Become Fact
November twentieth, two thousand eleven

I declare under penalty of perjury at common law that all foregoing statements, to the best of my knowledge, are true, correct and complete. Signed, sealed and dated by the hand of david; Johnson, a free american man on the land.


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