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Treatises by Byron Beers
Treatise on Introduction to Law Merchant
Stand fast, therefore, in the liberty with which Christ hath made us free, and be not entangled again with the yoke of bondage. Galatians 5:1

TREATISE ON
INTRODUCTION TO LAW MERCHANT


1. INTRODUCTION
2. DEFINING LEX MERCATORIA AND LAW MERCHANT
3. LAW MERCHANT, COMMERCIAL LAW, SUBSTANTIVE LAW, MARITIME LAW, ADMIRALTY LAW, ADMINISTRATIVE LAW, and POSITIVE LAW
4. FOUNDATION FOR LAW MERCHANT PRINCIPLES
5. SECURITY INTEREST, COURT OF EQUITY
6. LAW MERCHANT, ADMIRALTY and COMMON LAW
7. IMPRISONMENT and SECURITY INTEREST
8. MERCHANTS CREATE MONEY FROM DEBT
9. STATUTE MERCHANT, STATUTE STAPLE
10. MEDIEVAL EUROPEAN FAIRS OF THE MERCHANTS
11. SUMMARY

To be free with liberty, and not becoming someone's slave by not being subject to the will of another, requires knowledge and understanding of the methods of deception.

But who looks into the perfect law, the law of liberty, and perseveres, being no hearer that forgets but a doer that acts, he shall be blessed in his doing. James 1:25

Be not ye the servants of men. I Corinthians 7:23

Stand fast, therefore, in the liberty with which Christ hath made us free, and be not entangled again with the yoke of bondage. Galatians 5:1

The following is in regard to the merchants, as the great or notorious men of the earth and the deceptions involved in the commercial system of Babylon or elsewhere.

9And the kings of the earth, who have committed fornication and lived deliciously with her, shall bewail her, and lament for her, when they shall see the smoke of her burning, 10Standing afar off for the fear of her torment, saying,
Alas, alas that great city Babylon, that mighty city! for in one hour is thy judgment come.
11And the merchants of the earth shall weep and mourn over her; for no man buyeth their merchandise any more:
[including] 13slaves, and souls of men.
14And the fruits that thy soul lusted after are departed from thee, and all things which were dainty and goodly are departed from thee, and thou shalt find them no more at all.
15The merchants of these things, which were made rich by her, shall stand afar off for the fear of her torment, weeping and wailing,
      ...23 for thy merchants were the great men of the earth; for by thy sorceries were all nations deceived. Revelations 18:9-23.


1. INTRODUCTION

Not only does the Bible address liberty and avoiding slavery in all its aspects, but America's early statesmen advised and warned the American people to remain free, proclaim liberty throughout the land, and not to become servants or slaves of others. You might think it would be relatively easy to remain free and out of the yoke of bondage. If you are unaware of the various cunning and deceptive methods used by certain associations or merchants of the earth, it may surprise you how sophisticated is the practice of deception.

While the Bible served as the foundation of the common law of the American people initially, today the rules and customs of merchants, known as the law merchant, reigns supreme. This writing will look at some of the history and practices of the global merchants.

How can foreigners use the principals of the law merchant to create statutes, regulations, and codes, thereby becoming the major source of "law and justice"? The reason many believe that America has a real problem with its current form of law and the manner in which courts operate is because the law merchant is designed for purposes of revenue and control, creating various degrees of chaos; it is not for purposes of harmony, peace, honor, and moral qualities.

If one wanted to reap the fruits of the energy of a people, or obtain legal or equitable title to the natural resources within a country, how would one go about implementing such a plan? If you can get a security interest, which could lead to a valid title, on the nation's of the world, you could in effect control a national government, its citizens, and their property, as well as other national assets and resources.

If you chose some valuable resources that you would like to own or control within a particular country, rather than military conquest, you could make a loan to the head of State for a project that would be deemed beneficial to the people. Constructing oil wells, building a dam for the production of electricity, a canal or other similar project would suffice. Getting a nation involved in a war is still the biggest debt creator for which a country may need the major financial lenders. The object is to get the president or appropriate public official(s) to agree to borrow money. Of course, those State officials who assist in getting a loan accomplished will be the recipients of financial rewards. An important element in the plan is that the country will be unable to repay the loan. Whatever resources within the country are used as collateral or surety for the new loan would then be under the control of the creditor. The creditor then has a security interest is a few, and possibly all of the revenue-producing resources of the debtor, as well as other things of value within the control of the debtor national government.

Other elements that need to be considered in this plan are that the country would need to be organized as a nation with a national government, which is deemed to be the sovereign head. This would be beneficial since a national government has authority over persons and property within the nation. Also, the subjects or citizens of a national government could be considered taxpayers, which represents another source of revenue for repayment of the loan and are the collateral or sureties in the event the national government defaults on its obligation. Just like other collateral, the creditor of the national government would have a security interest in the subjects or citizens of the national government. Upon default, either through bankruptcy, insolvency, or otherwise, the merchant lender or construction company could control legislation, executive, and judicial, or administrative acts or actions with respect to all persons and property of the debtor government, and continue to receive revenue from all source with respect to such persons and property. In essence, the citizenry (subjects) and valuable resources of a nation could be under the control of merchants who hold a security interest or have obtained whatever rights and title the debtor government possessed before the loan was made.

Maybe you think this is an unbelievable scenario? John Perkins is a man who worked for the major merchants of the earth. He wrote a book recently named Confessions of an Economic Hitman wherein he describes his work as illustrated the above scenario for getting a country into debt and controlling its resources, knowing it will be unable to repay the loan. If the country's president refuses the loan arrangement, it is then necessary to replace the president or other person who becomes an obstacle to the fulfillment of the plan, by whatever means necessary.

If you understand modern banking practices, fractional reserve banking, and paper currencies, you realize the creditor banking merchants may not have actually used their money in making a loan to the head of State of some nation. Depositing and marketing the promissory note would make the commercial instrument (the evidence of debt) the source of the funding of the loan. That is to say, it is possible that a paper that appears to be evidence of indebtedness is also, at the same time, an asset to produce income in the international markets.

To summarize this scheme, one could say that after obtaining ownership or control of a security interest in the resources of a nation, the merchant bankers or contractors could obtain a status or position superior to the debtor government of a nation. In this position, they control and regulate the activities within the nation, like a shadow government or invisible government, proposing legislation for the existing legislative bodies to adopt or enact on the merchant banker's behalf. This legislation would be based upon the "lex mercatoria" or law merchant. One might say the great merchants are developing Babylon-like cities and nations around the globe.


2. DEFINING LEX MERCATORIA AND LAW MERCHANT

The law merchant is often described as the body of rules applied to commercial transactions derived from the practices of international merchants and traders; however, the scenario depicted above and other historical writings show that the customs or rules of the merchants is likely to be integrated into the general law or jurisprudence of the debtor nation as the result of the merchants' influence -- financial or otherwise.

LAW, MERCHANT. A system of customs acknowledged and taken notice of by all commercial nations; and those customs constitute a part of the general law of the land and being a part of that law their existence cannot be proved by witnesses, but the judges are bound to take notice of them ex officio. Bouvier, A Dictionary of Law, 1856.

Law merchant, a body of rules for regulating the relations of merchants engaged in international trade. It was founded upon the customs of merchants, which were sometimes embodied in written rules such as the Laws of Oleron, a code of maritime law

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Byron Beers
Prepared by Byron Beers
For Heritage Institute
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