Even diehard proponents of the topics covered here are still not translating French words and this leads to confusion.
There are essays by other authors on this site that say Law Merchant. Now that sounds like a merchant that sells laws. It’s not. It’s French. To translate into English, we flip the words and get…Merchant Law. Meaning the merchants had their own set of laws in their merchant towns on the coast. The King would allow them to trade and have their own ‘justice’ system. This differed from the law of the land.
There is also Statute Merchant, which is a French phrase. Flipping it around, to get English, we have Merchant Statutes. This is really the same as above. The merchant’s laws were called statutes, and still are today! They’ve gone inland and pretended everything is on the water. They’ve flooded the land like the story of Noah (so I’m told).
And there’s the phrase Statute Staple. It’s easy now, right. In English, this is Staple Statutes. The coastal towns or areas for the merchants were called Staple Towns and they had their own statutes, which by contract, became laws, the Merchant Laws.
The policee (French word) officers enforced the statutes in these towns. Starting to make sense now? Peace officers enforce common law. The policee officers enforced statutes. They can do either, depending on the circumstance.
I’ve already written about how the porte pass, a French term, related to the actual ports and commerce, are still called that today. But if we switch around the words, we get port pass, and that’s exactly what it is. It’s a way to pretend what when we’re traveling, we’re actually engaged in commerce through the ports and therefore giving the gov’t or US corporation the opportunity to pretend we’re engaged in commerce and we don’t rebut the point, thereby losing.
Lex mercatoria (from the Latin for “merchant law”), often referred to as “the Law Merchant” in English, is the body of commercial law used by merchants throughout Europe[disputed – discuss] during the medieval period. It evolved similar to English common law as a system of custom and best practice, which was enforced through a system of merchant courts along the main trade routes. It developed into an integrated body of law that was voluntarily produced, adjudicated and enforced on a voluntary basis, alleviating the friction stemming from the diverse backgrounds and local traditions of the participants. Due to the international background local state law was not always applicable and the merchant law provided a leveled framework to conduct transactions reducing the preliminary of a trusted second party.[full citation needed] It emphasized contractual freedom and inalienability of property, while shunning legal technicalities[clarification needed] and deciding cases ex aequo et bono. With lex mercatoria professional merchants revitalized the almost nonexistent commercial activities in Europe, which had plummeted after the fall of the Roman Empire.
In the last years new theories had changed the understanding of this medieval treatise considering it as proposal for legal reform or a document used for instructional purposes. These theories consider that the treatise cannot be described as a body of laws applicable in its time, but the desire of a legal scholar to improve and facilitate the litigation between merchants. The text[clarification needed] is composed by 21 sections and an annex. The sections described procedural matters such as the presence of witnesses and the relation between this body of law and common law. It has been considered as a false statement to define this as a system exclusively based in custom, when there are structures and elements from the existent legal system, such as Ordinances and even concepts proper of the Romano-canonical procedure.[page needed] Other scholars have characterized the law merchant as a myth and a seventeenth-century construct. – Source
Statute of the Staple
The Ordinance of the Staple was an ordinance issued in the Great Council in October 1353. It aimed to regularise the status of staple ports in England, Wales, and Ireland. In particular, it designated particular ports where specific goods could be exported or imported. These were called the ‘staple ports’. It also established dedicated courts, known as the courts of staple, where disputes relating to commercial matters could be heard, in preference to the courts of common law. – Source
- Merchant Law video on Bing.com
- Law Merchant Explanation by Jean Keating and John Knox
- Of course, the policy officers policy by consent (the police officers police by consent). Video.
- The word ‘statute’ can mean ‘an act of a corporation’
- Not sure if this is helpful – The Medieval Law Merchant: The Tyranny of a Construct