To Understand the Nature of CONTRACTS; There are Two Words of Extreme Importance in
matters that compose the Laws of Society. Basically; A Law either Compels, or Prevents certain
actions. The Words, SHALL/WILL in LAW is a COMMAND, or MANDATE, which
COMPELS a certain DEED; where NO ALTERNATIVE CHOICE IS PERMITTED! Using the
word SHALL in conjunction with the Word NOT, such as; SHALL NOT, this too is a
COMMAND, or a MANDATE and is used to PREVENT certain ACTIONS; which again, NO
ALTERNATIVE CHOICE IS PERMITTED. A CONTRACT whether Written or Not, does not
allow Personal Opinions, or Interpretations to change its Original INTENT!
The Same Reasoning Applies to Our Constitution, which too is a BINDING
CONTRACT! Our WRITTEN NATIONAL CONSTITUTIONAL CONTRACT, "does not"
VALIDATE any Change, that do not Comply with The MANDATES that are Provided by the
The following Definitions will be found in NOAH WEBSTER" 1828 Dictionary.
SHALL, v. i. verb auxiliary. pret. SHOULD. [Sax. scealan, scylan, to be obliged. It coincides in signification nearly with ought, it is a duty, it is necessary; D. zal, zul; G. soll; Sw. skola, pret. skulle; Dan. skal, skulle, skulde. The German and Dutch have lost the palatal letter of the verb; but it appears i the derivative G. schuld, guilt, fault, culpability debt D schuld, id.; SW. skuld, Dan. skyld, debt, fault, guilt, skylder, to owe ; Sax. scyld, debt, offense, L. scelas. The literal sense is, to hold or be held, hence to owe, and hence the sense of guilt a being held bond, or liable to justice and punishment. In the Teutonic dialects, schulden, skyld, are used in the Lord's Prayer, as "forgive us our debts, but neither debt nor trespass expresses the exact idea, which includes sin or crime, and liability to punishment The word seems to be allied in origin to calleo, to be able, to know. (See SKILL.) Shall is the defective, having no infinitive, imperative or participle. It ought to be written shal, as the original has one l only, and it has one only in shalt and should]
1. Shall is primarily in the present tense, and in our mother tongue was followed by a verb in the infinitive, like other verbs. "Ic sceal fram the beon gefullod," I have need to be baptized of thee Matt. iii. Ic nu sceal singan sarcwdas," I must now sing mournful songs. Boethius.
We still use shall and should before another verb in the infinitive, without the sign to: but the signification of shall is considerably deflected from its primitive sense. It is now treated as a mere auxiliary to other verbs, serving to form some of the tenses In the present tense, shall,before a verb in the infinitive, forms the future tense; but its force and effect are different with the different persons or personal pronouns. Thus, in the first person, shall simply fore tells or declares what will take place; as, I or we shall ride to town on Monday. This simply informs another of a fact that is to take place The sense of shall here is changed from an expression of need or duty, to that of previous information, grounded on intention, or resolution. When uttered with emphasis, "I shall go, it expresses firm determination, but not a promise.
2 In the second and third persons, shalt implies a promise, command, or determination " You shall receive your wages," "he shall receive his wages," imply that you or he ought to receive them, but usage gives to these phrases the force of a promise in the person uttering them. When shall is uttered with emphases, it expresses determination in the speaker, and implies an authority to enforce the act. "Do you refuse to go? Does he refuse to go? But you or he shall go."
3. Shall I go, shalt he go, interrogatively, asks for permission or direction. But shall you go, asks for information of another's intention.
4.But after another verb, shall, in the third person, simply foretells. He says that he shall leave town to-morrow. So also in the second person; you may say that you shall ride to-morrow.
5.After if, and some verbs which express condition or supposition, shall, in all the persons, simply foretells; as, If I shall say, or we shall say, If Thou shall say, ye or you shall say, If He shall say, they shall say.
6.Should, in the first person, implies a conditional event. "I should have written a letter yesterday, had I not been Interrupted." Or it expresses obligation and that in all the persons.
I should, You should, He should, ( have paid the bill on demand; it as my duty, your duty, his duty Thou shouldst, to pay the bill on demand, but it was not paid.)
7.Should though properly the past tense of shall, is often used to express a contingent future event; as, if it should rain to-morrow; if you should go to London next week; if he should arrive within a month. In like manner after though, grant, admit, allow,.
WILL, v. t. [Sax. willan; Goth. willyan; D. willen; G. wollem; Sw, vilya; Dan ville; L. volo velle; Gr. ; Fr. vouloir; It. volere.
The sense is, to set, or to set forward, to stretch forward. The sense is well expressed by the L. [propono.]
1. To determine; to decide in the mind that something shall be done forborne, implying power to carry the purpose into effect. In this manner God wills whatever comes to pass. So in the style of princes: "we will the execution be done."
A man who sits still is said to be at liberty, because he can walk if he wills it . Locke.
'Tis yours, O queen I to will The work which duty bids me to fulfill. Dryden
3. To be inclined or resolved to have.
There, there, Hortensio, will you any wife? Shak.
4. To Wish; to desire. What will you?
5. To dispose of estate and effects by testaments.
6. It is equivalent to may be Let this circumstances be what they wilt; that is, any circumstances, of whatever nature.
7. Will is used as an auxiliary verb, and a sign of the future sense. When an auxiliary verb, the past tense is would. It has different significations in different persons.
I. I will go, is a present promise to go, and with an emphasis on will, it expresses determination.
2.Thou wilt go, you will go, expresses foretelling; simply stating an event that is to come. Hewillgo, is also a foretelling. The use of will in the plural is the same. We will, promises; ye will,they will, foretell.
WILL'ED, pp. Determined, resolved, desired.
2. Disposed of by will or testament.
WIL'LEMITE, a. A mineral of resinous luster and yellowish color
WILL'ER, a. One who wills.
WILL'FUL, a. [will and fully] Governed by the will without yielding to reason; obstinate; stubborn; perverse; inflexible; as, a willful man.
2.Stubborn; refractory; as a willful horse.