II.   Instruments & Transactions

A Contract is a formal Instrument issued under the Corporate Securities standards of instruments and writing first formed under the Westminster laws of Great Britain from the 18th Century as a form of agreement or covenant between two or more unequal persons concerning the bonding, consideration and obligation of one or more things.

The word Contract is derived from two Latin words con- (“with, together”) and tracto meaning “to manage; to conduct; to perform; to treat; to hand (with force)”.  Thus the very definition and origin of the word Contract means an unequal relation between two parties based on the acceptance of performance, or indebtedness and enforcement against the weaker of the two parties.

In respect to the origin of Contracts in law:

(i) The first definition of any form of Contract in Law was in 1805 (45 Geo. III. c.54) and the Act entitled “An Act to amend an Act, made in the Ninth Year of King George the First, amending the Laws relating to the Settlement, Employment and Relief of the Poor, so far as the same respects Contracts to be entered into for the Maintenance and Employment of the Poor”. The Act referred back to an Act in 1722 (9 Geo I. c.7) which established the right of churchwardens (of paupers) and overseers (of slaves) to franchise the “poor” out for commercial corporate service and the establishment of the most hideous, evil and barbaric prison system in all civilized history known as workhouses run by corporations. This system of slavery was voluntary through the concept of Contract, which required the “poor” to volunteer their own privatized enslavement and bondage under oath – the birth of the legal framework of Contract as “Employment Contract”. The birth of Contracts and voluntary slavery ended the need for involuntary slavery; and

(ii) The second definition and reference to Contract in Law was in 1809 (48 Geo. III. c.73) and the Act entitled “An Act to improve the Land Revenue of the Crown in England, and also of His Majesty’s Duchy of Lancaster” permitted the office of Surveyor-General of the Land Revenues of the Crown usurped by the Bank of England to privatize and corporatize tenancies and manerial rights into what was then defined as “Enfranchisement of Copyhold” through the birth and creation of Sale of Land Contracts and subsequent Tenancy Contracts; and

(iii) The third definition and reference to Contract in Law was in 1809 (48 Geo. III. c.126) and the Act entitled “An Act for the further Prevention of the Sale and Brokerage of Offices” which formalized the concept of the Employment Contract and introduced the notion of privatizing Fiduciary “Offices” into Corporate Agencies or Brokers through “Official Contracts”. The act also created such previous fiduciary positions into Corporate Securities and negotiable commodities which could be purchased and sold as merely a misdemeanor (later obviated through the issue of licenses of indemnity). From this point on, large numbers of previous fiduciary Offices were converted into Corporate Agencies and Brokers; and

(iv) In 1811 (51 Geo. III. c.125), through the Act entitled “An Act for the Relief of certain Insolvent Debtors in England”, the concept of Contracts as negotiable and Corporate Securities for payment and discharge of debts was born; and

(v) The concept of Contracts as valid negotiable Corporate Securities was again reinforced in 1813 (53 Geo. III. c.102), through a further Act entitled “An Act for the Relief of certain Insolvent Debtors in England”. In the same year through (53 Geo. III. c.108 §10) Contracts were subject to Stamp Duty for the first time; and

(vi) In 1816 through (56 Geo. III. c.31) and an Act entitled “An Act for transferring all Contracts and Securities entered into with or given to the Commissioners for Transports to the Commissioners of the Navy and Victualling”, with “victualling” being a deliberately obscure word meaning food and simple agriculture as “small estates”, whereby for the first time Employment Contracts, Sale of Land Contracts and Tenancy Contracts were to be determined by the laws of Admiralty and not land courts; and

(vii) In 1830 (1Will. IV. c.68) and an Act entitled “An Act for the more effectual Protection of Main Contractors, Stage Coach Proprietors, and other common Carriers for Hire, against the Loss of or Injury to Parcels or Packages delivered to them for Conveyance or Custody …etc” whereby for the first time, the liability of Agents or Brokers was limited and indemnified against loss under circumstances, subject to the Agent or Broker possessing a proper license and following proper procedures; and

(viii) The concept of Contracts connected with the simple delivery of goods as Letters and Packets for money between a sender and receiver was first introduced in 1835 (5 & 6 Will. IV. c.25) through an Act entitled “An Act to extend the Accommodation by the Post to and from Foreign Parts, and for other Purposes relating to the Post Office” whereby for the first time certain Letters and Packets were registered as a Contract, giving birth to the Simple Contract; and

(ix) In 1836 (6 Will. IV c.85) through an Act entitled “An Act for Marriages in England” for the first time in history, marriages were reduced to Corporate Contracts under commercial License, thereafter producing not living beings, but Things and commodities as less than slaves. The only people excluded from such an abomination by §2 were those who profess the nominally commercial Christian sects of Quakers or Jews as all others thereafter were condemned to conversion to commercial chattel as “things”. In the same year through (6 Will. IV c.86) all Births, Deaths and Marriages were required to be centrally Registered; and

(x) In 1837 (7 Will. IV c.3) through an Act entitled “An Act transferring to the Commissioners of the Admiralty all Contracts, Bonds and other Securities entered into with the Postmaster General in relation to the Packet Service”, all Simple Contracts validated by registration through a valid Post Office or court having Postal powers, were now to be determined in any dispute by the laws of Admiralty and not land courts. Thus from 1837, all determination of disputes concerning all types of Contracts were now automatically subject to being determined by the laws of Admiralty in any court with valid Admiralty powers; and

(xi) In 1838 (1 Vict. c.10) through an Act entitled “An Act to make good certain Contracts which have been or may be entered into by certain Banking and other Copartnerships”, for the first time a Contract could be entered into by a Spiritual Person in relation to Corporations, Associations and Copartnerships without such a Contract being void, by virtue of Contracts originally being designed for lesser persons and for voluntary enslavement and servitude.

While certain forms of Contracts may require specific elements, all valid Contracts share the same essential elements from the origin of the form in law being Inequality, Admission, Surety, Consideration and Acceptance:

(i) Inequality defines not only different roles (Offeror/Offeree, Obligor/Obligee or Seller/Buyer or Employer/Employee, etc) but that such roles imply an inequality of status whereby the principal party making the Contract always has superior standing to the second or subsequent parties of the Contract, usually distinguished by being the first party on any written agreement); and

(ii) Admission is the acknowledgement, acquiescence or concurrence of the lesser party to at least one Obligation to be performed or Debt owed thus confirming the lesser party as the Debtor; and

(iii) Surety is the promise or oath of the lesser party as assurance or insurance or bond against the performance of the Obligation or the payment of the Debt; and

(iv) Consideration is the object or thing of value offered and to be given subject to the Admission and Surety being provided; and

(v) Acceptance is the proof of a meeting of minds and acceptance by all parties as to the Contract being in effect.

Contracts may be defined in terms of three “types” determined by the level of completion of “proof” in relation to the essential elements of all Contracts being Ex Simplex, Ex Factum and Ex Pactum:

(i) Ex Simplex (“by virtue of being simple”) are Simple Contracts which may be oral or written in the form of quid pro quo (“what for what”); and

(ii) Ex Factum (“by virtue of being created or caused or performed”) are Contracts created by some event or cause or performance yet remain in effect Inchoate or “incomplete” by virtue of one or more defects such as being implied, not in writing, without being fully completed. Ex Factum Contracts are also called Executory Contracts; and

(iii) Ex Pactum (“by virtue of being written, signed, sealed and delivered”) are Contracts made in writing such as Covenants, Deeds, Leases in which all the essential elements of a valid Contract are present and duly executed. Ex Pactum Contracts are also called Executed Contracts.

In terms of Ex Pactum Contracts:

(i) The Instrument must contain at least one clause submitting the Contract to the jurisdiction of a court possessing Admiralty powers, usually a senior court within the proximity of the location at which the Contract was first made; and

(ii) Ex Pactum Contracts are prepared in two parts, with the first part known by the traditional name of the form of the Instrument (eg Lease, Deed, Covenant) and the counterpart known simply by this name; and

(iii) The first part (eg Lease, Deed, Covenant) is executed by the senior party as Lessor, Grantor, Offeror, Employer, etc. alone and at least one witness and then is kept by the junior party as Lessee, Grantee, Offeree, Employee, etc; and

(iv) The counterpart as a copy of the Instrument (eg Lease, Deed, Covenant) is executed by the junior party as their acceptance and as Lessee, Grantee, Offeree, Employee, etc. and then kept by the senior party as “Security” and as Lessor, Grantor, Offeror, Employer, etc; and

(v) If the senior party plans to sell the Contract as a Corporate Security, they may require the junior party to sign and accept two or more counterpart copies, with one kept by the senior party and the other included with any paperwork associated in creating a negotiable security through a bank or other financial agent.

In terms of the enforcement and resolution of disputes concerning Contracts by Western-Roman Courts possessing Admiralty Powers and Jurisdiction:

(i) The Form of Law no longer rests within the nature of the Court but is carried into the court by the nature of the Thing in question. Thus Court Officials may avoid, disarm and dismiss questions regarding the existence of Admiralty in effect; and

(ii) Since the 20th Century, Admiralty Law has been “repackaged” as Contract Law obscuring further the origin and full operation of the Form of Law carried with a Thing concerning a Contract; and

(iii) A Western-Roman Court with Admiralty Powers and Jurisdiction can only address the merits and disputes of a Contract once it has been perfected to an Ex Pactum form. Ex Simplex and Ex Factum Contracts are perfected using the requirement for written complaints, procedures, sureties and acceptances of the court itself and its Postal powers; and

(iv) A Court may even conspire to assist in a prosecution my making the reaction of the defendant to the matter itself the Ex Pactum perfected Contract with the original complaint merely a diversion.