Articles - The Courts
03 Maxims of Law and the Nature of Law.
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Maxims of Law
There are 10 essential maxims or precepts in commercial law.
1. WORKMAN IS WORTHY OF HIS HIRE.
The first of these is expressed in Exodus 20:15 Thou shalt not steal; Lev. 19:13 Thou shalt not defraud thy neighbour, neither rob him; the wages of him that is hired shall not bide with thee all night until the morning.
Mat. 10:10 Nor scrip for your journey, neither two coasts, neither shoes, nor yet staves: for the workman is worthy of his meat. ;
Luke 10:7 And in the same house remain, eating and drinking such things as they give: for the labourer is worthy of his hire.;
II Tim. 2:6 The husbandman that laboureth must be first partaker of the fruits..
Legal maxim: "It is against equity for freemen not to have the free disposal of their own property."
2. EQUALITY BEFORE THE LAW or more precisely, ALL ARE EQUAL UNDER THE LAW. (God's Law - Moral and Natural Law).
Exodus 21:23-25 And if any mischief follow, then thou shalt give life for life, Eye for eye, tooth for tooth, hand for hand, foot for foot, Burning for burning, wound for wound, stripe for stripe;
Lev. 24: 17-21 And he that killeth any man shall surely be put to death. And he that killeth a beast shall make it good; beast for beast. And if a man cause a blemish in his neighbour; as he hath done, so shall it be done to him; Breach for breach, eye for eye, tooth for tooth: as he hath caused a blemish in a man, so shall it be done to him again. And he that killeth a beast, he shall restore it: and he that killeth a man, he shall be put to death.;
Deut. 1;17 Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God’s and the cause that is too hard for you, bring it unto me, and I will hear it.,
19:21 And thine eye shall not pity; but life shall go for l ife, eye for eye, tooth for tooth, hand for hand, foot for foot.;
Mat. 22:36-40 Master, which is the great commandment in the law? Jesus said unto him Thou shalt love the Lord thy God with all they heart, and with all thy soul. And with all thy mind. This is the first and great commandment. And the second is like unto it, Thou shalt love thy neighbour as thyself. On these two commandments hang all the law and the prophets;
Luke 10:17 And the seventy returned again with joy, saying, Lord, even the devils are subject unto us through thy name.; Col. 3:25 But he that does wrong shall receive for the wrong which he hath done: and there is no respect of persons..
"No one is above the law". This is founded on both Natural and Moral law and is binding on everyone.
For someone to say, or act as though, he is "above the law" is insane. This is the major insanity in the world today. Man continues to live, act, believe, and form systems, organizations, governments, laws and processes which presume to be able to supercede or abrogate Natural or Moral Law. But, under commercial law,
Natural and Moral Law are binding on everyone, and no one can escape it. Commerce, by the law of nations, ought to be common, and not to be converted into a monopoly and the private gain of the few.
3. IN COMMERCE, TRUTH IS SOVEREIGN. This one is one of the most comforting maxims one could have, and your foundation for your peace-of-mind and your security and your capacity to win and triumph -- to get your remedy – in this business.
(Exodus 20:16 Thou shalt not bear false witness against thy neighbor;
Ps. 117:2 For his merciful kindness is great toward us: and the truth of the Lord endureth for ever. Praise ye the Lord.;
John 8:32 And ye shall know the truth and the truth shall set you free;
II Cor. 13:8 For we can do nothing against the truth, bur for the truth ).
Truth is sovereign -- and the Sovereign tells only the truth. Your word is your bond. If truth were not sovereign in commerce, i.e., all human action and inter-relations, there would be no basis for anything. No basis for law and order, no basis no accountability, there would be no standards, no capacity to resolve anything. It would mean "anything goes", "each man for himself", and "nothing matters". That's worse than the law of the jungle. Commerce. "To lie is to go against the mind". Oriental proverb: "Of all that is good, sublimity is supreme."
4. TRUTH IS EXPRESSED IN THE FORM OF AN AFFIDAVIT.
Lev. 5:4-5 Or if a soul swear, pronouncing with his lips to do evil, or to do good, whatsoever it be that a man shall pronounce with an oath, and it be hid from him; when he knoweth of it, then he shall be guilty in one of these. And it shall be, when he shall be guilty in one of these things, that he shall confess that he hath sinned in that thing;
Lev. 6:3-5 Or have found that which was lost, and lieth concerning it, and sweareth falsely; in any of all these that a man doeth, sinning therein: Then it shall be, because he hath sinned, and is guilty that he shall restore that which he took violently away, or the thing which he hath deceitfully gotten, or that which was delivered him to keep, or the lost thing which he found. Or all that about which he hath sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto and give it unto him to whom it appertaineth, in the day of his trespass offering;
Lev. 19:11-13 Ye shall not steal, neither deal falsely, neither lie one to another. And ye shall not swear by my name falsely, neither shalt thou profane the name of thy God: I am the Lord. Thou shalt not defraud thy neighbour, neither rob him; the wages of him that is hired shall not abide with thee all night until the morning:
Num. 30:2 If a man vow a vow unto the Lord, or swear an oath to bind his soul with a bond; he shall not break his word, he shall do according to all that proceedeth out of his mouth;
Mat. 5:33 Again, ye have heard that it hath been said by them of old time, Thou shalt not forswear thyself, but shalt perform unto the Lord thine oaths:;
James 5:12 But above all things, my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and your nay, nay; lest ye fall into condemnation.).
An affidavit is your solemn expression of your truth. In commerce, an affidavit must be accompanied and must underlay and form the foundation for any commercial transaction whatsoever.
There can be no valid commercial transaction without someone putting their neck on the line and stated, "this is true, correct, complete and not meant to mislead." When you issue an affidavit, it is a two edged sword; it cuts both ways. Someone has to take responsibility for saying that it is a real situation. It can be called a true bill, as they say in the Grand Jury. When you issue an affidavit in commerce you get the power of an affidavit. You also incur the liability, because this has to be a situation where other people might be adversely affected by it. Things change by your affidavit, in which are going to affect people's lives. If what you say in your affidavit is, in fact, not true, then those who are adversely affected can come back at you with justifiable recourse because you lied. You have told a lie as if it were the truth. People depend on your affidavit and then they have lost because you lied.
5. AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE.
1 Pet. 1:25 But the word of the Lord endureth for ever. And this is the word which by the gospel is preached unto you;
Heb. 6:13-15 For when God made promise to Abraham, because he could swear by no greater, he sware by himself, Saying, Surely blessing I will bless thee, and multiplying I will multiply thee. And so after he had patiently endured he obtained the promise;
Claims made in your affidavit, if not rebutted, emerge as the truth of the matter. Legal Maxim: "He who does not deny, admits."
6. AN UNREBUTTED AFFIDAVIT BECOMES THE JUDGMENT IN COMMERCE.
Heb. 6:16-17 For men verily swear by the greater; and an oath for confirmation is to them an end of all strife. Wherein God, willing more abundantly to shew unto the heirs of promise the immutability of his counsel, confirmed it by an oath.
There is nothing left to resolve. Any proceeding in a court, tribunal, or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the points remaining unrebutted in the end stand as truth and matters to which the judgment of the law is applied.
7. IN COMMERCE FOR ANY MATTER TO BE RESOLVED IT MUST BE EXPRESSED.
(Heb. 4:16 Let us therefore come boldly unto the throne of grace, that we may obtain mercy, and find grace to help in time of need;
Phil. 4:6 Be careful for nothing; but in everything by prayer and supplication with thanksgiving let your requests be made known unto God;
Eph. 6:19-21 And for me, that utterance may be given unto me, that I may open my mouth boldly, to make known the mystery of the gospel, for which I am an ambassador in bonds: that therein I may speak boldly, as I ought to speak. But that ye also may know my affairs, and how I do, Tychicus, a beloved brother and faithful minister in the Lord, shall make known to you all things.
No one is a mind reader. You have to put your position out there, you have to state what the issue is, to have someone to talk about and resolve. Legal Maxim: "He who fails to assert his rights has none.)
8. This one is: HE WHO LEAVES THE BATTLEFIELD FIRST LOSES BY DEFAULT.
The primary users of commercial law and those who best understand and codified it in Western Civilization are the Jews. This is Mosaic Law they have had for more than 3500 years past which is based upon Babylonian commerce.
Mat. 10:22 And ye shall be hated of all men for my name’s sake: but he that endureth to the end shall be saved;)
This means that an affidavit which is unrebutted point for point stands as "truth in commerce" because it hasn't been rebutted and has left the battlefield.
Governments allegedly exist to resolve disputes, conflicts and truth. Governments allegedly exist to be substitutes for the dueling field and the battlefield for so disputes, conflicts of affidavits of truth are resolved peaceably, reasonably instead of by violence.
So people can take their disputes into court and have them all opened up and resolved, instead of going out and marching ten paces and turning to kill or injure.
Legal Maxim: "He who does not repel a wrong when he can, occasions it".
9. SACRIFICE IS THE MEASURE OF CREDIBILITY
(NO WILLINGNESS TO SACRIFICE = NO LIABILITY, RESPONSIBILITY, AUTHORITY OR MEASURE OF CONVICTION). Nothing ventured nothing gained. A person must put himself on the line assume a position, take a stand, as regards the matter at hand. and One cannot realize the potential gain without also exposing himself to the potential of loss. (One who is not damaged, put at risk, or willing to swear an oath on his commercial liability to claim authority) (Acts 7, life/death of Stephen). For the truth of his statements and legitimacy of his actions has no basis to assert claims or charges and forfeits all credibility and right. Legal Maxim: "He who bears the burden ought also to derive the benefit".
10.SATISFACTION OF A LIEN.
In commerce a lien or claim can be satisfied in any one of three ways. (Gen. 26:2-3 And the Lord appeared unto him, and said, Go not down into Egypt, dwell in the land which I shall tell thee of: Sojourn in this land, and I will be with thee, and will bless thee; for unto thee, and unto they seed, I will give all these countries, and I will perform the oath which I sware unto Abraham thy father; Mat. 4; Revelation.).
By someone rebutting your affidavit, with another affidavit of his own, point by point, until the matter is resolved as to whose is correct, in case of non-resolution. You convene a Sheriff's common law jury, based on the Seventh Amendment, concerning a dispute involving a claim of more than $20. Or, you can use three disinterested parties to make judgment. The only other way to satisfy a lien is to pay it.
Legal Maxim: "if the plaintiff does not prove his case, the defendant is absolved".
A LIEN OR CLAIM CAN BE SATISFIED ONLY THROUGH REBUTTABLE BY AFFIDAVIT POINT BY POINT, RESOLUTION BY JURY, OR PAYMENT.
Commercial Law is non-judicial. This is pre-judicial (not prejudice). This is timeless. This is the base, the foundation beneath which any government or any of their court systems can possibly exist or function.
That means what the courts are doing, and what all governments are ultimately adjudicating and making rules about, are these basic rules of Commercial Law. When you go into court and place your hand on the Bible you say, "I swear the truth, the whole truth, and nothing but the truth . . ." you have just sworn a Commercial Affidavit.
It's the conflict between Commercial Affidavits of Truth that gives the court something to talk about, that forms the entire basis of its action, and its being there, in their venue. Hence, one of the reasons attorneys always create controversy.
No court and no judge can overturn or disregard or abrogate somebody's Affidavit of Truth. The only one who has any capacity or right or responsibility or knowledge to rebut your Affidavit of Truth is the one who is adversely affected by it. It's his job, his right, his responsibility to speak for himself. To issue his own affidavit because no one can speak it for him. No one else can know what your truth is or has the free-will responsibility to state it. This is YOUR job.