The Dark Side of Common Law


The Dark Side of Common Law

13 November 2022

by Randy Lee

The following article is based on the maxim of law, ‘optimus interpres rerum usus’ or ‘usage is the best interpreter of things.’

From the commentary in Broom’s Legal Maxims, (1845) page 262, on this maxim of law, we find the following:

“The law merchant, it has been observed, forms a branch of the law of England, and those customs which have been universally and notoriously prevalent amongst merchants, and have been found by experience to be of public use, have been adopted as a part of it, upon a principal of convenience, and for the benefit of trade and commerce; and, when so adopted, it is unnecessary to plead and prove them….where the words used by parties have, by the known usages of trade, by any local custom, or amongst particular classes, acquired a peculiar sense, distinct from the popular sense of the same words, their meaning may be ascertained by reference to that usage or custom.”

There are two very important observations to be made on this commentary. First, it states that the law merchant or lex mercatoria, is part of the common law of England, as will be further evidenced in this article. Second, the choice of words one uses when dealing with the current courts or Imperial powers, can either, (1) by a poor choice of words, bring you under the law merchant, and thereby, you become regulated by that law, or, (2) by a wise choice of words, you retain your Christian Liberty under God.

The important phrase to analyse is, “their meaning may be ascertained by reference to that usage or custom.” In other words, when a de facto court or agency which exist only to regulate commerce and maintain peace, hears or sees words from you that have a specific meaning in commerce and a different meaning in every day life, they will use the commercial meaning and automatically see you as one of their commercial, regulatable entities.

Examples are words like checks, gain, barter, exchange, interest, income, transportation, resident, district, franchise, employment, carrier, and delivery – to name a few.

Under the Law of War, all commercial activity becomes regulated. When one makes use of these words and other such words in a court or court process, which have a specific meaning in the lex mercatoria, or engage in such activities, one becomes taxable and regulatable. Avoiding these pitfalls becomes obvious, but with diligent study, one can learn the do’s and don’t’s.

When one signs, U.C.C. 1-207, to reserve their rights under the common law, they are reserving their rights in the lex mercatoria, thereby admitting to be in commercial thievery.

The following from ‘A New Law Dictionary’ by Henry James Holthouse (1847), page 264, makes this quite clear:

Law Merchant (lex mercatoria).
“One of the branches of the unwritten or common law, consists of particular customs, or laws which affect only the inhabitants of particular districts, under which head may be referred the law or custom of merchants (lex mercatoria), which is a particular system of customs used only among one set of the king’s subjects, which, however different from the general rules of the common law, is yet engrafted into it, and made a part of it; being allowed for the benefit of trade to be of the utmost validity in all commercial transactions; for it a maxim of law, that ‘cuilibet in sua arte credebdum est.’ This law of merchants comprehends the laws relating to bills of exchange, mercantile contracts, sale, purchase, and barter of goods, freight, insurance, & c. – 1 Chitty’s Bl. 76, n. 9.”

If one uses the term ‘common law,’ it must be qualified, i.e., Christian Common Law (see page twelve), admiralty common law, commercial common law, as the following from the above dictionary, page 112, shows:

Common Law. “These words are used in various senses. The following are amongst the most important; 1st. As designating that branch of the municipal law of England which does not owe its origin to parliamentary enactment, and which, as opposed to the latter, is termed the lex non scripta or unwritten law. 2nd. As designating a particular section or division of the lex non scripta or common law. 3rd. The phrase at common law. These it will now be attempted to explain in the above order. 1st. As designating the lex non scripta or common law. The law of England is composed of acts of parliament or statutes, and the custom of the realm.

The custom of the realm consists of those rules and maxims concerning the persons and property of men that have obtained by the tacit assent and usage of the inhabitants of this country, being of the same force with acts of the legislature, the difference between the two being, that with regard to the one, the consent and approbation of the people is signified by their immemorial use and practice, whilst, with regard to the other, their approbation and consent are declared by parliament, to whose acts the people are generally deemed to be virtually parties.

The custom of the realm, as above described, from the circumstance of its being the common or ordinary law of the land, as formerly administered between man and man, is denominated the common law of the realm, and under which denomination is comprised all the law of this country, excepting the statute law.

The custom of the realm, or common law, as it is termed, includes not only general customs, or such as are common to the whole kingdom, but also the particular customs which prevail in certain parts of the kingdom, as well as those particular customs or peculiar laws that are by custom observed only in certain courts and jurisdictions. So the civil and canon laws, as administered in our ecclesiastical and admiralty courts, having obligation to this kingdom, not upon their own intrinsic authority, but simply by custom, are also regarded as part of the customs of the realm or common law. — see 1 Reeve’s Eng. Law, 1, 2; Hale’s Hist. C. L. 1, et seq.; 1 Bl. 64………. 3rd.

The phrase at common law signifies by the common law of the land, independently of the statute law, or without the statute law — according to the rules or principals of the common law, or custom of the realm, apart altogether from statute or act of parliament.”

The following maxim of law says it all: ‘Qualitas quae inesse debit, facile praesumitur’, or ‘A quality which ought to form a part is easily presumed.’

When alluding to the ‘common law,’ you must signify what jurisdiction or graft you claim, or it will be presumed that you mean the only branch that the court has jurisdiction to hear, which in the current system, is the lex mercatoria.

From ‘A Commercial Dictionary of Mercantile Law’ (1803) by Joshua Montefiore, the following:

Law Merchant. “A system of customs acknowledged and taken notice of by all commercial nations, and these customs constitute a part of the general law of the land; and being part of that law, their existence cannot be proved by witnesses, but the judges are bound to take notice of them ex officio. These customs are of the highest validity in all commercial transactions.”
Further, from ‘Bouvier’s Law Dictionary,’ (1914), page 1882, the following:

Law Merchant….. “In the Middle Ages “the custom of merchants” meant the actual usage of the European commercial world. When it came before the ordinary tribunals, it had to be proved; but in the 18th century the courts took judicial notice of it. The development of the law merchant as part of the common law has continued without ceasing. Evidence of living general usage is still admissible to add new incidents to its contents, provided they do not contradict any rule already received. Pollock, First Book of Jurispr. 282, citing, as to the last statement, L. R. 10 Ex. 337. This application is not confined to merchants, but extends to all persons concerned in any mercantile transaction.”
And finally, from ‘A Dictionary of Law’ (1893) by William C. Anderson, the following:

Law Merchant….. “The law merchant was not made; it grew. Customs have sprung from the necessity and convenience of business and prevailed in duration and extent until they acquired the force of law. This mass of our jurisprudence has thus grown, and will continue to grow, by successive accretions. It is the outcome of time and experience, wiser-law makers, if slower than legislative bodies….. The rules applicable to commercial paper were transplanted into the common law from the law merchant. They had their origin in the customs and course of business of merchants and bankers, and are now recognised by the courts because they are demanded by the wants and convenience, of the mercantile world, see Paper, 4.”

When using their commercial paper, such as checks, notes, drafts, and bills, you become part of that ‘mercantile world,’ with all of the baggage attached to you.

A bill includes: a credit card, a bill of sale, a bank-bill, a due-bill, a bill rendered, a bill of exchange, a bill of lading, a stock or bond, etc.

It is suggested that you study on your own, with your children, the implications of these commercial instruments in your life.

Other commercial fictions that permeate Our lives, due to the quest for ‘convenience’, ‘luxury’ and ‘keeping up with the Jones’, and render Us regulatable and taxable by the current ‘mercantile world’ government are: craftsman, market, factory, business, commodity, debt, rebate, passport, accountant, affidavit, obligation, notary public, address, licence and; debtor, realtor, customer, trader, farmer, printer, employer, employee, addressee and other words with the suffix ‘or’, ‘er’ and ‘ee’. These denote a fiction of law or a persona designata, in their venue.

God makes it quite clear in Scripture about merchants, when speaking of Ephraim:

‘He is a merchant, the balances of deceit are in his hand: he loveth too oppress.’ Hosea 12:7
‘Ephraim feedeth on wind, and followeth after the east wind: he daily increaseth lies and desolation; and they do make a covenant with the Assyrians, and oil is carried into Egypt.’ Hosea 12:1

And, the Word of God at Jeremiah 6:21- 6:31:

“Hear now this, O foolish people, and without understanding; which have eyes, and see not; which have ears, and hear not:”

“Fear ye not Me?: will ye not tremble at My presence, which have placed the sand for the bound of the sea by a perpetual decree, that it cannot pass it: and though the waves thereof toss themselves, yet can they not prevail; though they roar, yet can they not pass over it?”

“But this people hath a revolting and a rebellious heart; they are revolted and gone.”

“Neither say they in their heart, Let us now fear the Lord our God, that giveth rain, both the former and the latter, in His season: He reserveth unto us the appointed weeks of the harvest.”

“Your iniquities have turned away these things, and your sins have withholden good things from you.”

“For among My people are found wicked men: they lay wait, as he that setteth snares; they set a trap, they catch men.”

“As a cage is full of birds, so are their houses full of deceit: therefore they are become great, and waxen rich.”

“They are waxen fat, they shine: yea, they overpass the deeds of the wicked: they judge not the cause, the cause of the fatherless, yet they prosper; and the right of the needy do they not judge.”

“Shall I not visit for these things? : Shall not My soul be avenged on such a nation as this?”

“A wonderful and horrible thing is committed in the land;”

“And prophets prophesy falsely, and the priests bear rule by their means; and My people love to have it so: and what will ye do in the end thereof?”

The merchants of the earth, through their ‘common law,’ rule the ‘day’ with their governments and courts by means of the support of ‘consumers’ and ‘customers,’ but not eternity.

The Christians not of this world, through their ‘Christian Common Law,’ can once again, as in the past, take dominion, to wit:

“In the time when thou shalt be broken by the seas in the depths of the waters, thy merchandise and all thy company in the midst of thee shall fall,” Ezekiel 27:34.
And,

“And the merchants of the earth shall weep and mourn over her; for no man buyeth their merchandise any more:” Revelation 18:11.

Commerce is not the way, is not the truth, is not the life, and is always accompanied with war. As in Greek and Roman mythology, Mercury (the god of merchants and thieves) and Mars (the god of war) walk side by side.

He who walks with Our Lord and Saviour Jesus Christ, (Who is The Way, The Truth, The Life, and The Prince of Peace), walks with no other.

The Dark Side of Common Law

Political law ceases upon military occupation. The U. S. Constitution, and commercial law along with all of its codes, rules and regulations are political law, and become arbitrary and capricious, as ‘necessity’ and ‘public policy’ dictates, during occupation — the Christian Common Law is political, but of a different jurisdiction, having access to the Asylum state.

Further Study
English law