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(For Frank ‘Austin’ England III) 
 

The Application of Commercial Law

PURPOSE: To find out what group you are in

Provides a brief summary on the differences in bodies of law by definition

More definitions regarding titles, property and possession

Gives an overall view on how to get back control of your universe

Explains how to make the UCC-1 contract and how to properly file it

Explains how to establish own private treaty with the world

FINAL PRODUCT: The ability to control one’s body and one’s property

Hierarchy of Law!

The first order of law is Natural Law.   These are Universal Principals which so necessarily agrees with nature and state of man, that without observing their inherent maxims, the peace and happiness of society can never be preserved.Knowledge of natural laws may be attained merely by the light of reason, from the facts of their essential agreeableness with the constitution of human nature. Natural Law exists regardless of whether it is enacted as positive law.

When law began to emerge into human consciences, thought, word and deed we come to the next order of law on this planet. The most fundamental law of all human law has to do with survival which is a Universal Principal. It has to do with human interactions, of any kind, any relationships, buying, selling or trading or relating in any way. It is based upon treating or dealing with others the way that you would like to be treated or dealt with. This is the Law of Commerce. The Law of Commerce has been in operation since man interacted with each other starting many thousands of years ago through the Sumerian/Babylonian era where it was codified and enforced. Ancient artifacts dating over 6,000 old reveal that the system was so complex it even included reciepts, coined money, shopping lists, manifestos and a postal system with the medium being in baked clay.

As a derivative of Commercial law, being removed from natural law, and therefore inferior, is Common Law (common [L co together + munis service, gift, exchange] to exchange together). This emerged, basically, in England out of disputes over a portion of the earth in allodium (sovereign ownership of land) and was based on “common” sense. So, common law is the law of the earth. Common law gave rise to the jury system and many writs and processes which governments have absorbed and statutized and made into rules and regulation processes in courts.

Common Law procedures were based on the opportunity “to face your accuser or the injured party” in front of witnesses to sort out the problem directly. This process was never intended to include “lawyers, attorneys or judges construing their own law”, as these “titles” are all based upon the fiction of “representation” which can never “be the real thing”.

After common law come governments, and their laws and legislative regulations, ad infinitum of the organic republics of the states. The only “laws” that the state can create is to “allow commerce to flow more efficiently WITHIN the state”. The only “law” the central government, united States of America, could create was to “allow commerce to flow more efficiently BETWEEN the states. ” It was never intended to regulate people – the soverans.

Below that, the “garbage froth,” more or less, is politics and the private copyrighted company policy of foreign corporations such as UNITED STATES, THE STATE OF…, THE COUNTY OF…, THE CITY OF…, etc. The purpose of these “municipalities” [L munus service, gift, exchange + capere to take; to take service and exchange] is to “govern” fictitious entities such as JOHN DOE and K-MART – not to regulate people. Remember back when you thought that YOU were JOHN DOE because that is how it is written on your drivers license?

One of our problems is that when we engage with government, municipalities and other such elements, in all our dealings in the law when have been conditioned to interact on and in THEIR level. We have never risen to the level where the base of law is, where the reality, the power, the solidity and the pre-eminence exists – THE SOVERANS LEVEL. But now, we can function in this powerful level. This is Check mate. This is the end of the game. THIS IS THE REMEDY.

Commerce

The principles, maxims and precepts of Commerce Law are eternal, unchanging and unchangeable. They are expressed in the Bible, both the Old Testament and the New. We learned in the second course how the law of commerce has plagued us for more than 6000 years. This law of commerce, unchanged for thousands of years, forms the underlying foundation for all law on this planet and for governments around the world. It is the law of Nations and everything that human civilization is built upon. This is why it is so powerful. When you operate at this level, by these precepts, nothing that is of inferior statute can overturn or change it or abrogate it or meddle with it. It remains the fundamental source of authority and power and functional reality.

The Affidavit

Commerce in everyday life is the vehicle or glue that holds, or binds, the corporate body politic together. More specifically, commerce consists of a mode of interacting, doing business, or resolving disputes whereby all matters are executed under oath, certified on each patty’s commercial liability by sworn affidavit, or what is intended to possess the same effect, as true, correct, and complete, not misleading, the truth, the whole truth and nothing but the truth.

This affidavit is usually required for an application for a driver’s license, and IRS form 1040, a voters registration, a direct Treasury Account, a Notary’s “Copy Certification” or certifying a document, and on nearly every single document that the system desires others to be bound or obligated. Such means of signing is an oath, or Commercial Affidavit, executed under penalty of perjury, “true. Correct, and complete”. Whereas in a court setting testimony (oral) is stated in judicial terms by being sworn to be “the truth, the whole truth, and nothing but the truth, so help me God.”

In addition to asserting all matters under solemn oath of personal, commercial, financial, and legal liability for the validity of each and every statement, the participant must provide material evidence, i.e. ledgering, or bookkeeping, providing the truth, validity, relevance, and verifiably of each and every particular assertion to sustain credibility. Commerce is antecedent to and more fundamental to society that courts or legal systems, and exists and functions without respect to courts or legal systems. Commercial Law, the non-statutorily variety as presented below in maxims 1 through 10, is the economic extension of Natural Law into man’s social world and is universal in nature. The foundational, invariant, necessary, and sufficient principles or “Maxims of Commerce” pertaining herein are:

Maxims of Law

There are ten essential maxims or precepts in commercial law.

1. WORKMAN IS WORTHY OF HIS HIRE. The first of these is expressed in Exodus 20:15; Lev. 19:13; Mat. 10:10; Luke 10″7; II Tim. 2:6. Legal maxim: “It is against equity for freemen not to have the free disposal of their own property.”

2. The second maxim is “Equality before the law” or more precisely, ALL ARE EQUAL UNDER THE LAW. (God’s Law – Moral and Natural Law). Exodus 21:23-25; Lev. 24: 17-21; Deut. 1;17, 19:21; Mat. 22:36-40; Luke 10:17; Col. 3:25. “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 acts 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. 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. IN COMMERCE TRUTH IS SOVEREIGN. (Exodus 20:16; Ps. 117:2; John 8:32; II Cor. 13:8 ).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; Lev. 6:3-5; Lev. 19:11-13: Num. 30:2; Mat. 5:33; James 5: 12). 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.(12 Pet. 1:25; Heb. 6:13-15;) Claims made in your affidavit, if not rebutted, emerge as the truth of the matter. Legal Maxim: “He who does deny, admits.”

6. AN UNREBUTTED AFFIDAVIT BECOMES THE JUDGMENT IN COMMERCE.(Heb. 6:16-17;). 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 MUST BE EXPRESSED.(Heb. 4:16; Phil. 4:6; Eph. 6:19-21). 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. 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. This one is: HE WHO LEAVES THE BATTLEFIELD FIRST LOSES BY DEFAULT. (Book of Job; Mat. 10:22; 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”.

8. 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 thew 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”.

9. SATISFACTION OF A LIEN.In commerce a lien or claim can be satisfied in any one of three ways. (Gen. 2-3; 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”.

10.So, the tenth maxim of law is: 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.

Commercial Law

This phrase designates the whole body of substantive jurisprudence, i.e. the Uniform Commercial Code, the Truth in Lending Act, applicable to the rights, intercourse, of persons engaged in commerce, trade or mercantile pursuits. Blacks 6th.

Commercial Law maintains the commercial harmony, integrity, and continuity of society. It’s also stated as “to maintain the peace and dignity of the State.” Over the millennia these principles have been discovered through experience and distilled and codified into those ten fundamental Maximums listed above. There is no legal issue or dispute possible which is not a function of one or more of these principles. The entirety of world commerce now functions in accordance with the Uniform Commercial Code (UCC), the UNITED STATES’ corporation version of Commercial Law.

Collection, and How To Calculate Your Damages

Now, here is another aspect of your affidavits. In commerce there is the Assessment aspect, which is who owes who, and what, why, how and for what reasons; and there is the Collection aspect.

The collection aspect is based in International commerce that has existed for more than 6000 years. Again, this is based on Jewish Law and the Jewish grace period, which is in units of three; three days, three weeks, three months. This is why you get 90day letters from the IRS.

Commercial processes are non-judicial. They are summary processes (short, concise-without a jury).

The IRS creates the most activity of Commercial Collection in the entire world. The collection process is relatively valid, although the IRS is not registered to do business in any state. Did you understand what you just read? The IRS is NOT REGISTERED TO DO BUSINESS OR PERFORM COMMERCIAL MATTERS IN ANY STATE. So how do they get all the money they get? ANSWER: because you give it to them without requesting a proof of claim from them or even if they were “licensed” to give you offers based on “arbitrary” estimations.

However, this is where things get very interesting. The other phase of matters is the assessment phase: THERE IS NO VALID ASSESSMENT. The IRS has, and never can, and never will, and never could, EVER issue a valid assessment lien or levy. It’s not possible.

First of all, in order for them to do that there would have to be paperwork, a True Bill in Commerce. There would have to be sworn Affidavits by someone that this is a true, correct and complete and not meant to deceive, which, in commerce is, essentially “the truth, the whole truth and nothing but the truth” when you get into court. Now, nobody in the IRS is going to take commercial liability for exposing themselves to a lie, and have a chance for people to come back at them with a True Bill in Commerce, a true accounting. This means they would have to set forth the contract, the foundational instrument with your signature on it, in which you are in default, and a list of all the wonderful goods and services that they have done for you which you owe them for; or a statement of all the damages that you have caused them, for which you owe them.

To my knowledge, no one has ever received goods or service from the IRS for which they owe money. I personally don’t know of anyone that has damaged anybody in the IRS that gives them the right to come after us and say that “you owe us money because you damaged me”. The assessment phase in the IRS is non-existent, it is a complete fraud. Wait a minute, there is one definition of “service” that actually applies to the IRS;

Service.The act of bringing a female animal to a male animal to get *&%$#@ so that the owner of the animals may “enjoy the product of this union.”

Gives you a warm fuzzy feeling inside doesn’t it?

This is why these rules of Commercial Law come to our rescue. T. S. Eliot wrote a wonderful little phrase in one of his poems: “We shall not cease from exploration, and the result of all our exploring will be to arrive at the place at which we began and know it for the first time.”

This is the beginning , and this is the end. This closes the circle on the process.

One reason why the super rich bankers and the super rich people in the world have been able to literally steal the world and subjugate it, and plunder it, and bankrupt it and make chattel property out of most of us is because they know and use the rules of Commercial Law and we don’t.

Because we don’t know the rules, nor use them, we don’t know what the game is. We don’t know what to do. We don’t know how to invoke our rights, remedies and recourses. We get lost in doing everything under the sun except the one and only thing that is the solution.

No one is going to explain to you what and how all this is happening to you. That is never going to happen. These powers-that-be have not divulged the rules of the game. They can and do get away with complete fraud and steal everything because no one knows what to do about it.

SOLUTION;

Well, what CAN you do about it? YOU NEED TO ISSUE A COMMERCIAL AFFIDAVIT. You don’t have to title it that, but that’s what it is. You can assert in your affidavit, “I have never been presented with any sworn affidavits that would provide validity to your assessment. It is my best and considered judgment that no such paperwork or affidavit exists.” At the end of this document, you put demands on them. They must be implicit and then you state, “Should you consider my position in error . . .”

You know what they have to do now, don’t you? They must come back with an affidavit which rebuts your affidavit point for point, which means they have to provide the paper work with the real assessment, the true bill in commerce, the real sworn affidavits that would make their assessment or claims against you valid.

No agent or attorney of a fictitious entity can sign an affidavit for the corporation. How can they sware as fact that the corporation has done or not done ANYTHING? They do not have the standing. They cannot and never will provide you with this. This means your affidavit stands as truth in commerce.

You can even make it more interesting if you like. You go to all their laws like Title 18 and you tabulate the whole list of crimes they have committed against you in lying to you, foreclosing and selling your home and issuing liens and levies. This could be quite an impressive list.

If you tabulate the dollar amounts of the fines involved in these offenses, you could take just Title 18 section 241 alone which is a $10,000.00 fine on any public official for each offense. That means for every single violation of the Constitution, or commercial law, there could be 35 or 40 of these just in Title 18. You’re looking at $300 to $400 thousand. When they start adding up, they become very impressive.

Now you attach this accounting, the criminal accounting to your affidavit and you file it as a criminal complaint with the State Attorney. This is like putting the fox in charge of guarding the hen house. However, more about this will be outlined later in this course.

For now, just attach your affidavit and your criminal complaint to a commercial lien. But wait! There is even a more effective way of getting you equity back – Involuntary Bankruptcy! These procedures will be detailed in Course 5.

The reason you go through this criminal complaint is because by their own laws and value system and penalties, they have hung themselves. They have already discerned and formulated the dollar amount involved in each of the various offenses. When you lien them for those amounts, they can’t come back and say: “Well, these are out of nowhere. They’re unreasonable. Where did you get this?” Right out of your own codes.

COMMERCIAL PROCESSES ARE NON-JUDICIAL, PRE-JUDICIAL, AND ARE MORE POWERFUL THAN JUDICIAL PROCESSES.

Now, you take your commercial lien to the Secretary of State to file as a UCC-1 Financing statement. Then as soon as you’ve finished filing the original criminal complaint with the Prosecuting attorney you file this lien against every agent individually. (The criminal complaint is optional). They can’t hide behind the skirts of the corporate state, this fictional entity created by man to be able to engage in perfidious actions which you would not otherwise be able by virtue of Natural and Moral Law. It just doesn’t work.

Now, you can use this same collection process against them just as the IRS uses against you.

You will discover that all the attorneys, judges and the people who come against you think this is a lot of gobble-di-gook, hogwash and silly. But they soon learn that your affidavits of truth is valid and enforceable against them. And they find that things become more and more uncomfortable with each passing day. Judges even think all this doesn’t matter because they can get another judge to remove all your paperwork against them. Other agents of the government think they can hide behind the sovereign immunity of the Government, behind all the power and prestige, all their attorneys and all their capacity to get the courts to do whatever the wish is going to save them. None of these have any effect on your process.

It has no effect because there is only one way that they can be saved and that is to come in with their own affidavit that rebuts your affidavit point by point and prove you wrong. If they did get this into court or jury that’s not going to do them any good because the same battle still exists.

All this means is that the conflict between affidavits are now fought out in the open. And that is embarrassing to them because they are not going to change anything. All this will simply do them more harm.

The third way to settle your claim is for them to pay it. If they don’t satisfy your claim you give them a grace period, at the end of 90 days you transform the Secretary of State into your Accounts Receivable Office. Legal Title of all their real and personal property has now passed to you. You now file the correct paperwork with the Secretary of State, and you serve this on the Sheriff and say, “I want to take possession of my property.” Things begin to get interesting.

If you send a criminal complaint on a public official to the Insurance Commissioner of the State, it becomes instantly and automatically a lien against the bond of the official, the judge or district attorney and he’s dead. He cannot function without bonding. This is held in suspension until the issue is resolved.

Now, all of a sudden we find ourselves, simply by going back to what we’ve wanted all along, which is truth, rightness and a remedy, that we have, by going back in this and finding the rules that pertain to it, a way to have more power than they do, since we are sovereign.

No one, not a judge, jury or anyone else can overturn this or change this process.

To do so would be to dissolve the world immediately into chaos. This would be the end of all law, all order, all standards, for all civilization.

It is not possible. They are stuck. This forms the underpinnings of philosophy, in tangle practices, of the way to put power on your side and against those agents of government who violate your being, injure you all in violation of their oath of office.

That is how, through their own process, we can use the rules of the game in OUR favor instead of remaining in ignorance and being taken forever as slaves.This applies to everything, not just the government. This forms a valid foundation for your life and it forms a basis for any kind of dealings with government. What most people don’t even consider is that governments don’t have and can’t have anything to support an affidavit of truth to support their actions.

Governments invent all the regulations and statutes to impose on you, affecting your life and commercial/economic standing. And no one is taking any liability, responsibility nor accountability. They may have some kind of bonding. But in most states this bonding is only for about $5-10 million for the entire state and all its employees. However, you can tabulate a simple traffic ticket into more than $5 million if you so choose.