Congress Hall Cafe

Historical Common Law

Grotius “Equity does not signify in this place, as it does elsewhere, that part of justice which gives a strict interpretation of the general expression of the law, according to the intention of the law giver.” 320

Fulton: “In equity…the Chancellor…exercise of his jurisdiction over the conscious…” 74 Manuconst 74

Rev. Samual Rutherford “They that resist the power of royal office of the king in things just and right, shall receive to themselves damnation, but they that resist, that is, refuse, for conscience, to obey the man who is the king, and chose to obey God rather than man, …shall receive to themselves salvation.” 144


Law of Reason in the Common law.

Cicero “but Nature’s laws do forbid us to increase our means, wealth, and resources by despoiling others. But this principle is established not by Nature’s laws alone (that is, by the common rules of equity), but also by the statutes of particular communities, in accordance with which in individual states the public interests are maintained.”

Note: Adam and Eve in the garden were under natural law which restricts personal gain by robbing others and and postitive law when God’s commandmented then not to eat from the Tree of Good and Evil.

Swalberg v. Hannegan “Section 15-2-2 requires that a disaffirming minor must only return the property remaining within his or her control. The Utah Supreme Court has interpreted this statute to allow a minor to effectively disaffirm the underlying contract without restoring the full value of the property received under the contract” Allowing a minor to void a contract with a competent adult in order to protect a minor from being taken advantage of by the adult is based on the law of reason which calculates the maturity and competence of person in the formation of law or the use of common sense or reason to guide public policy. (dyn 361)

Proverbs 22.6 “Train up a child in the way he should go,
    and when he is old he will not depart from it.” WEB

– (some states) parents are held accountable if failed to supervise child to the detriment of others.  (dyn 364)

Genesis 2:24 “Therefore a man will leave his father and his mother, and will join with his wife, and they will be one flesh.” WEB

EMANCIPATION – occurs when a minor’s parents or legal guardian give up their right to exercise legal control over the minor (when minor move out of the parents’ house and begins supporting himself or herself.  (dyn 359)

Jurisdiction in Lain is juris (law) and diction (to speak). When a court has jurisdiction is has the power to hear cases and render a binding judgment.

Note: Elohim is translated God, gods, or juges. It is in the power of God to give and take back life, liberty, and property. A judge is called a god because Elohim has given a human judge the power to give or take back life, liberty, and property according to God’s law.

The Biblical  foundation of civil law and criminal law is as follows. In Genesis 1.28 God appoints control over all natural resources to man. The honest use and distribution of those resources is matter of civil law. When in the garden of Eden God gives to Adam guardianship over the garden and access to everything except the Tree of Knowledge of Good and Evil, God established the basis of fiduciary responsibility and personal ownership thereby laying the principles of criminal law through fraud, negligence, and theft.  JB


32. Julianus, Digest, Book XCIV. “In cases where there are no written laws, that should be observed which has been established by usage and custom…” (1) An ancient custom is not improperly observed as a law (and this is what is called law established by usage). For as the laws themselves restrain us for no other reason than because they are accepted by the judgment of the people — for it is but proper that what the people have approved without being written should bind all persons — for what difference does it make whether the people have manifested their will by vote, or by acts and deeds? Wherefore the rule has also been most justly adopted that laws shall be abrogated not only by the vote of the legislator, but also through disuse by the silent consent of all.

Hooker “Custom inuring the mind by long practice, and so leaving there a sensible impression…” 73

John of Salisbury says that the rule of voluntary agents are the declarations of reason concerning the goodness of those actions which they are to do. 77

36. Paulus, On Sabinus, Book VII. :And indeed, a law of this kind has greater authority, for the reason that it has been approved to such an extent that it is not necessary to commit it to writing. b1.3

Hermogenianus, Epitomes of Law, Book I.  : Those rules which have been approved by long established custom and have been observed for many years, by, as it were, a tacit agreement of citizens, are no less to be obeyed than laws which have been committed to writing. b1.3

Ulpianus, Institutes, Book II.:Hence all law consists either in the acquisition, preservation, or diminution of right; for it has reference to the way in which anything becomes the property of a person, or how he can preserve it or his rights, or how he can alienate or lose them. b1.3

40. Modestinus, Rules, Book I.:Thus all law has been either made by consent, or established by necessity, or confirmed by custom. b1.3

Law of Henry I

3,1a Law of Henry I  states that criminal and civil  causes are to be determined by a judge with equality and without a concern for the quality of the person, and if possible to be settled by friendly concord.  81

>God of Israel “For every matter of trespass, whether it is for ox, for donkey, for sheep, for clothing, or for any kind of lost thing, about which one says, ‘This is mine,’ the cause of both parties shall come before Judges (God).” Ex.22:9

> God of Israel “You shall do no injustice in judgment. You shall not be partial to the poor, nor show favoritism to the great; but you shall judge your neighbor in righteousness.” Lev. 19:15

>Jesus “If therefore you are offering your gift at the altar, and there remember that your brother has anything against you, leave your gift there before the altar, and go your way. First be reconciled to your brother, and then come and offer your gift.” Matt:5:23-24


 Cicero “But no rules need to be given about what is done in accordance with the established customs and conventions of a community; for these are in themselves rules.”


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This entry was posted on December 19, 2013 by .
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