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(the content of this thesis / monograph is an abridged study)

What is Lawful, legal & license

These writings are not intended to be a complete telling of these topics, but with a thought to brevity, it should allow for good learning. Probably no topic or issue can stand alone without consideration for information from other topics and issues.  Therefore, for better understanding of terms and concepts used herein, other papers should be read in conjunction with this paper and others.

Licenses

1    Licenses are operations of legal contemplation.  Licenses are tools for circumventing the Law.  Licenses raise revenue, by tribute.

Tribute.  A contribution which is raised by a prince or sovereign from his subjects to sustain the expenses of the state.  A sum of money paid by an inferior sovereign or state to a superior potentate, to secure the friendship or protection of the latter.

License is generally defined as:

License: The permission by competent authority to do an act which, without such permission, would be illegal, a trespass, or a tort.(Black's 5th)

Illegal.  Against or not authorized by law. (Black's 5th)

Trespass: An unlawful interference with one's person, property, or rights. (Black's 5th)

Equity: is a body of jurisprudence, or field of jurisdiction, differing in its origin, theory and methods from the common law...  A system of jurisprudence collateral to, and in some respects independent of law.  (Black's 5th)

2    By substitution license is permission to do an act which is 1) not lawful,  2) interferring with someone else’s liberties,  3) violating an obligation due someone
else.

Lawful

3    What is legal and what is lawful are not necessarily the same thing.  One has form but not substance (legal), the other has form and substance (lawful).  An example of this can be noticed with an apple.  An apple has the substance and form of an apple.  A wax apple may have the form, but not the substance of an apple.  Put another way, the wax apple looks like an apple, but is not an apple.  Legal looks like Law, but is not Law.

4    Lawful is generally defined as:

Lawful:  The principal distinction between the terms "lawful" and "legal" is that the former contemplates the substance of law, the latter the form of law.  To say of an act that it is "lawful" implies that it is authorized, sanctioned, or at any rate not forbidden, by law.  To say that it is "legal" implies that it is done or performed in accordance with the forms and usages of law, or in a technical manner.  Further, the word "lawful" more clearly implies an ethical [moral] content than does "legal".  (Black's 5th)

Types of Law

5    There are 3 types of law,  1) Common Law,  2) Equity,  3) Maritime.

Common Law, is based on God's Law. Anytime someone is charged under the Common Law, there must be a damaged party.  You are free under the Common Law to do anything you please, as long as you do not infringe on the life, liberty, or property of someone else. You have a right to make a fool of yourself provided you do not infringe on the life, liberty, or property of someone else. The Common Law does not allow for any government action which prevents a man from making a fool of himself.  Any violation of Common Law is a CRIMINAL ACT, and is punishable. [1]

Equity law, is law which compels performance. It compels you to perform to the exact letter of any contract that you are under. So, if you have compelled performance, there must be a contract somewhere, and you are being compelled to perform under the obligation of the contract. Now this can only be a civil action--not criminal. In Equity Jurisdiction, you cannot be tried criminally, but you can be compelled to perform to the letter of a contract. [1]

Admiralty or Maritime Law, is a civil jurisdiction of Compelled Performance which also has Criminal Penalties for not adhering to the letter of the contract, but this only applies to International Contracts. Now we can see what jurisdiction the seatbelt laws (and all traffic laws, building codes, ordinances, tax codes, etc.) are under. Whenever there is a penalty for failure to perform (such as willful failure to file), that is Admiralty/ Maritime Law and there must be a valid international contract in force. However, the courts don't want to admit that they are operating under Admiralty/Maritime Jurisdiction, so they took the international law or Law Merchant and adopted it into our codes. That is what the supreme Court decided in the Erie Railroad case--that the decisions will be based on commercial law or business law and that it will have criminal penalties associated with it. Since they were instructed not to call it Admiralty Jurisdiction, they call it Statutory Jurisdiction. [1]

6    Codes (statutes) for all traffic laws, building codes, ordinances, tax codes, etc. are maritime.  They compel specific performance (contract) and invoke criminal penalties for failure.

7    The only question here is “Where is the contract?”.

The relationship of Lawful, legal and license

8    What is lawful is also legal.  What is legal is not lawful.

9    A license is legal, but a license is not lawful, it is not of the Common Law.  This is evident by definition.  A license is used to do what is not lawful, it is a creature of statute – Maritime law.  Therefore, a license may not co-exist with what is Lawful.

10    If you have a license, you have evidence you are conducting an act(s) which is unlawful.

11    Licenses are operations of legal contemplation.  Licenses are tools for circumventing the Law.  You, the license holder, have renounced lawful status in exchange for contract status.  Specifically, you have accepted Maritime jurisdiction, and do not enjoy the protections of the Laws-of-Land.  Maritime jurisdiction is whatever the captain says it is.

12    As an aside, all three systems of law (Common Law, equity and maritime) are referenced in the Constitution of the united States of America, Article 3, Section 2, Paragraph 1).  Today, most people are subject to equity and many of them are subject to maritime, having exchanged Rights at Law for government and corporate granted/revokable privileges/"civil rights" - or slavery by contract/consent.  "Legal" is the mere FORM of law, while "lawful" contemplates the SUBSTANCE of law.  While one may CONTRACT into equity, he cannot be lawfully COMPELLED to abandon the Law.

13    Such determines an individual’s status and the application of certain rules upon him.

14    Licensing is the "legal" method to circumvent the Law - licensees CONSENTING to statutes which run COUNTER to Law, subject themselves VOLUNTARILY to equity and maritime jurisdiction.

15    Licensing, at its root, is nothing but a tool to raise revenue.  The tool and/or it's use are still unlawful.  Licensing is the permission, a grant from persona superior to persona inferior.

16    For most individuals today, whether they function at Law or legally is an unconscious selection, born of ignorance.  Usually because they were never taught the difference.  In a society where people choose not to be responsible they must choose, albeit ignorantly, to function in a legal capacity, rather than Lawful.  Those who choose to be responsible naturally choose, usually knowingly, to function in a Lawful capacity, not legal.

17    This is no condemnation of equity itself or "legal", but rather to illuminate the methodology (force and deception) used to draw people under its umbrella.
 

    Now Consider:

      1) Is it unlawful to be married?
      2) Is it unlawful to travel?
      3) Is it unlawful to hunt game for feeding your family, (unless on someone else's private
      property without their permission)?
      4) Is it unlawful to work to provide for your family (unless when using someone else's
      private property without their permission)?

      The answer to each is
      1) NO   2) NO   3) NO   4) NO.

18    Therefore if these are not unlawful and in fact are commanded by the highest authority - YHVH (God), then who has authority to make such unlawful and
require a license?  NOBODY!  So why do you need a license for these and other things?  YOU DO NOT.

19    Anyone who has a marriage license has evidence that they are unlawfully married.
 

Various Republics examples

20    In Arkansas, the correct understanding for “drivers license” has been long recognized and codified, to wit:

(Arkansas) ACA 27-19-205. License.
"License" means any operator's or chauffeur's license or any other license or permit to operate a motor vehicle issued under the laws of this state including:
(1) Any temporary license or instruction permit;
(2) The privilege of any person to drive a motor vehicle whether or not the person holds a valid license;
(3) Any nonresident's operating privilege as defined in 27-19-208.
History. Acts 1953, No. 347, 6; A.S.A. 1947, 75-1406.

21    Arkansas clearly understands that a license to “drive” is a permission (privilege).  ACA 27-19-205 is inherent to public policy that everyone is privileged to “drive”, without application, without certification, without validation.  This comports with license by definition.  License is permission, license is not a card, not a piece of paper, not piece of plastic.

22    ACA 27-19-205 is statutory evidence that everyone has genesis license (permission/privilege) to “drive”.  Absent evidence of revocation, everyone retains
this license/permission/privilege.

23    If you have a license (a piece of paper or a card or a piece of plastice), then you have evidence that you are conducting an act(s) which is unlawful.

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[1] Howard Freeman “The UCC (Uniform Commercial Code) Connection” – “Jurisdiction”  <return>