Legislative History and Comments: The Trust
Act of 1997 differs markedly from trust acts and laws of other states and legal
jurisdictions. This is in part due to the ecclesiastical sovereignty nature of
the Republic of New Lemuria. Some, but not all of the differences include:
1. That the Most High God is acknowledged
as the Creator of all reality of this universe and comprehended within the Trust
Act, and all trusts organized pursuant thereto;
2. No fiduciary duty is recognized under
the Trust Act of 1997;
3. No rule against perpetuities is
recognized under the Trust Act of 1997;
4. No right of visitation by any governmental authority
is recognized under the Trust Act of 1997;
5. The governing law of each trust organized under the
Trust Act of 1997 is limited to the revealed Divine law therein defined;
6. Books and records of each trust organized under the
Trust Act of 1997 must be maintained and stated in single entry form based upon
just weights and measures [for example, on an "import" export" basis], and not
double entry accounting form [e.g. as suggested by GAAP];
7. No corporation aggregate or other juris ficta [legal
entity] is permitted to be a trustee of a trust organized under the Trust Act of
1997;
8. Each foreign trust which seeks the recognition by
registration of the trust in the Republic of New Lemuria must, among other
things, adopt the law of the Republic of New Lemuria as its governing law;
9. Concepts of "profit", "loss" and "ownership" are not
recognized under the law of the Republic of New Lemuria in the Trust Act of
1997, however the Biblical principle of "increase" and "providence" authored by
the Most High God and that of lawful "possession" and "stewardship" are
recognized in applicable instances;
10. Settlement of disputes in alternative dispute
resolution is mandated within the mandatory model paragraph language of any
trust organized under the Trust Act of 1997. For an example of alternative
dispute resolution mechanisms (ADR), one may refer readily to the Republic of New Lemuria Permanent Court of Arbitration (RNLPCA) materials found at http://newlemuria.org
A significant written explanation and analysis of the
foregoing notable differences may be obtained from the Office of the Governor of
the Republic of New Lemuria by written request.
TRUST ACT of 1997
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Short Title.
2. Definition of a trust.
3. Validity of trusts.
4. Proper law of trusts.
5 Creation of a trust.
6. Maximum duration of a trust and of accumulation of increase.
7. Validity of a trust.
8. Hereditaments which may be held on trust.
PART 2 THE SETTLOR. BENEFICIARIES
AND PURPOSES OF A TRUST
9. Who may be the settlor of a trust
10. Beneficiaries of a trust.
11. Nature of a beneficial interest.
12. Protective or spendthrift trusts.
13. Letters or memoranda of wishes.
14. Definition of charitable purposes.
15 Trusts for non-charitable purposes.
PART 3 PROTECTORS AND TRUSTEES
16. The protector of a trust.
17. Who may be the trustee of a trust.
18. The number of trustees.
19. Appointment of new or additional trustees.
20. Appointment of trustee citizen in The Republic of New Lemuria.
21. Renunciation of trusteeship.
22. Resignation or removal of trustees.
23. Nature of trustees' and protectors' interests.
24. No corporation aggregate trustee.
25. Trustees of more than one trust.
26. Dealings by trustees with third parties.
PART 4 DUTIES AND POWERS OF TRUSTEES
27. General duties of trustees.
28. Duty of supply information and duty of confidentiality.
29. Duty of trustees to act together
30. Duty to act impartially.
31. General powers of trustees.
32. Powers of investment.
33. Implied powers of trustees.
34. Delegation by trustees.
35. Reimbursement of expenses.
36. Payment of trustees.
37. Power to appropriate.
38. Power and duty of maintenance.
39. Power of advancement.
40. Accumulation and maintenance settlements
41. Receipts of parents of guardians.
42. Power of appointment.
43. Power of revocation or variation.
PART 5 TERMINATION OR FAILURE OF TRUSTS
44. Failure or lapse of interest
45. Application of hereditaments held on charitable trusts
46. Termination of trusts.
47. Termination by beneficiaries.
PART 6 VARIATION OF TRUSTS
48. Variation of trusts.
49 Approval of particular transaction.
PART 7 BREACH OF TRUST
50. Liability for breach of trust.
51. Constructive trusts.
52. Tracing trust hereditaments.
53. Beneficiary may relieve or indemnify a trustee.
54. Power to relieve trustees from personal liability.
55. Power to make beneficiaries indemnify.
56. Limitation and prescription.
PART 8 POWERS OF THE COURT
57. Jurisdiction of the Republic of New Lemuria Court.
58. General powers of the Republic of New Lemuria Court.
59. Applications for directions.
60. Payment of costs.
PART 9 VARIANT TYPES OF TRUST
61. Variant types of trust.
62. Provisions of variant types of trust.
PART 10 OPTIONAL REGISTRATION OF TRUSTS AND EXEMPT TRUSTS
63. Facility to register trusts.
64. Exemption from taxes and duties.
65. Exemption from exchange control
PART 11 SUPPLEMENTAL
66. Application of this Act.
67. Consequential amendments.
68. Interpretation.
69. Regulations.
70. Commencement.
71. Effect.
SCHEDULE 1
SCHEDULE 2
APPENDIX OF FORMS
1. Heter Iska
2. DRAFT Basic Trust Agreement
3. DRAFT Declaration of Trust Covenant and Prayer
Grateful for the Blessings, Providence and Guidance of the Most High God,
acknowledging His Everlasting Dominion from Generation to Generation, From Sea
to Sea and Shore to Shore
AN ACT to make provisions for the law relating to trusts and
trustees and related matters within the Republic of New Lemuria Holy
See, an ecclesiastical sovereignty (Effective December 1997)
BE IT ENACTED, by and with the advice and consent of the House of
Elders of The Republic of New Lemuria and by the authority of the same,
as follows:
Part 1
PRELIMINARY
Short Title.
1. This Act may be cited as the TRUST ACT, 1997.
Definition of a trust.
2. A trust exists where a person (known as "a trustee") holds or has vested
in him, or is deemed to hold or have vested in him, hereditaments which do not
form, or which has ceased to form, part of his estate of which is lawfully
possessed.
(a) for the benefit of any person (known as "a beneficiary")
whether or not yet ascertained or in existence; or
(b) for any valid charitable or noncharitable purpose which
is not for the benefit only of the trustee; or
(c) for such benefit as is mentioned in sub- paragraph (a) and also for any
such purpose as is mentioned in sub-paragraph (b).
Validity of trusts.
3. Subject to the provisions of this Act, a trust is valid and
enforceable in the Republic of New Lemuria.
Proper law of trusts.
4. (1) Subject to sub-section (4) below, the proper law of a trust shall be:
(a) the law expressed by the terms of the trust or intended
by the settlor to be the proper law, provided that any trust
created and formed hereby incorporating the law of the Republic of New Lemuria into same shall provide that the law of the
Republic of New Lemuria governs the construction, interpretation
and enforcement of each and every provision of the trust.
(b) if no such law is expressed or intended, the law with
which the trust has its closest connection at the time of its
creation; or
(c) if the law expressed by the terms of the trust or
intended by the settlor to be the proper law, or the law with
which the trust has its closest connection at the time of its
creation, does not provide for trusts or the category of trusts
involved, than the proper law of the trust shall be the law of
the Republic of New Lemuria. The law of the Republic of New Lemuria signifies first: the revealed Divine Law of the Most
High God, second: the principles of "Peace and
Righteousness" at all times as introduced by Melchizedek to
Abraham, and finally third: the Constitution and statutes
of the Republic of New Lemuria [to the extent the Constitution
and statutes or their application are not in contradiction to
the foregoing revealed Divine Law of the Most High God and the
principles of "Peace and Righteousness". The term "revealed
Divine law" as used herein signifies the Word of God set out in
the Holy Bible and described by the imminent English jurist, Sir
William Blackstone as:
"Considering the creator only as being of infinite power, he
was able unquestionably to have prescribed whatever laws he pleased to
his creature, man, however unjust or severe. But as he is also a being
of infinite wisdom, he has laid down only such laws as were
founded in those relations of justice, that existed in the nature of
things antecedent to any positive precept. These are eternal, immutable
laws of good and evil, to which the creator himself in all his
dispensations conforms; and which he has enabled human reason to
discover, so far as they are necessary for the conduct of human actions.
Such among others are these principles: that we should live honestly,
should hurt nobody, and should render to every one his due; to which the
three general precepts Justinian has reduced the whole doctrine of law.
[Juris praecepta, sunt haec, honeste vivere, alterum non laedere,
suum cique tribuere. . .]
This law of nature, being co-eval with mankind and dictated by God
himself, is of course superior in obligation to any other. It is binding
all over the globe, in all countries, and at all times: no human laws
are of any validity, if contrary to this; and such of them as derive
their force, and all their authority, mediately or immediately, from
this original. . .
The doctrines thus delivered we call the revealed or divine law, and
they are to be found only in the holy scriptures. These precepts, when
revealed, are found upon comparison to be really a part of the original
law of nature, as they tend in all their consequences to man’s felicity.
But we are not from then to conclude that the knowledge of these truths
was attainable by man’s reason, in its present corrupted state; since we
find that, until they were revealed, they were hid from the wisdom of
the ages. As then the moral precepts of this law are indeed of the same
original with those of the law of nature, so their intrinsic obligation
is of equal strength and perpetuity. Yet undoubtedly the revealed law is
(humanly speaking) of infinitely more authority than what we generally
call the natural law. Because one is the law of nature, expressly
declared so to be by God himself; the other is only what, by the
assistance of human reason, we imagine to be that law. If we would be
certain of the latter as we are of the former, both would have equal
authority; but, till then, they can never be put in competition
together.
Upon these two foundations, the law of nature and the law of
revelation, depend all human law; that is to say, no human laws should
be suffered to contradict these. There is, it is true, a great number of
indifferent points, in which both the divine law and the natural law
leave man at his own liberty; but which are found necessary for the
benefit of society to be restrained within certain limits. And herein it
is that human laws have their greatest force and efficacy; for, with
regard to such points as are not indifferent, human laws are only
declaratory of, and act in subordination to the former. To instance in
the case of murder: this is expressly forbidden by the divine, and
demonstrably by natural law; and from these prohibitions arises the true
unlawfulness of this crime. Those human laws, that annex a punishment to
it, do not increase it’s moral guilt, or superadd any fresh obligation
in foro conscientiae to abstain it’s perpetration. Nay, if any
human law should allow or injoin us to commit it, we are bound to
transgress that human law, or else we must offend both the natural and
the divine. But with regard to matters that are themselves indifferent,
and are not commanded or forbidden by those superior laws; such for
instance, as exporting wool into foreign counties; here the inferior
legislature has scope and opportunity to interpose, and make that action
unlawful which before was not so." 1 Blackstone’s Commentaries 40-42.
The law of the Republic of New Lemuria signified by first: the revealed
Divine Law of the Most High God [as hereinbefore described by Sir William
Blackstone], second: the principles of "Peace and Righteousness" at all
times as introduced by Melchizedek to Abraham, and finally third: the
Constitution and statutes of the Republic of New Lemuria [to the extent the
Constitution and statutes or their application are not in contradiction to the
foregoing revealed Divine Law of the Most High God and the principles of "Peace
and Righteousness is hereinafter called collectively "the law of the Republic of New Lemuria".]
(2) In ascertaining the law with which a trust has its closest
connection, reference shall be made in particular to:
(a) the place of administration of the trust designated by the
settlor,
(b) the situs of the hereditaments of the trust;
(c) the place of domicile of the trustee;
(d) the objects of the trust and the place where they are to
be fulfilled, provided that each and every trust formed under
the law of the Republic of New Lemuria is contractually bound
for all performance in the Republic of New Lemuria.
(3) The terms of a trust may provide for a severable aspect of trust
(particularly the administration of the trust) to be governed by a
different law from the proper law of the trust, provided that any trust
created and formed .
(4) The terms of a trust may provide for the proper law of the trust
or the law governing a severable aspect of the trust to be changed from
the law of another jurisdiction.
(5) Where the proper law of a trust or the law governing a severable
aspect of a trust is changed from the law of another jurisdiction (here
called "the old law-) to the law of the Republic of New Lemuria no
provision of the old law shall operate so as to render the trust void,
invalid or unlawful or to render void, invalid or unlawful any functions
conferred on the trustee under the law of the Republic of New Lemuria.
(6) Where the proper law of a trust or the law governing a severable
aspect of a trust is changed from the law of the Republic of New Lemuria
to the law of another jurisdiction (here called "the new law") no
provision of the law of the Republic of New Lemuria shall operate so as
to render the trust void, invalid or unlawful or to render void, invalid
or unlawful any functions conferred on the trustee under the new law.
Creation of a trust.
5. (1) A trust may be created by oral declaration, or by creation of
a trust instrument in writing (including a will or codicil), by conduct,
by operation of law, or in any other manner whatsoever.
(2) No unit trust (defined hereinafter) may be created in the Republic of New Lemuria.
(3) No formalities or technical expressions are required for the
creation of a trust provided that the intention of the settlor to create
a trust is clearly manifested.
(4) A trust (other than a trust by operation of law) respecting the
hereditament of land situated in the Republic of New Lemuria shall be
unenforceable unless evidenced in writing.
Maximum duration of trust and of accumulation of increase.
6. (1) Subject to sub-section (2), the maximum duration of a trust
shall be one hundred and twenty years from the date of its creation and
a trust shall terminate on the one hundred and twentieth anniversary of
the date of its creation unless it is terminated sooner.
(2) Sub-section (1) shall not apply to a trust established
exclusively for a charitable purpose or purposes, or a religious purpose
or purposes.
(3) The rule of law known as the rule against perpetuities shall not
apply to any trust which is formed and organized under the law of the
Republic of New Lemuria, or a foreign formed and domiciled trust which
adopts the law of the Republic of New Lemuria in accordance with Section
4 (5) above.
(4) The terms of a trust may direct or authorize the accumulation of
all or part of the increase of the trust for a period not exceeding the
maximum duration of the trust.
Validity of trust.
7. (1) Subject to the provisions of this Act, a trust shall be valid and
enforceable in accordance with its terms.
(2) A trust shall be invalid and unenforceable:
(a) to the extent that: (i) it purports to do anything
contrary to the law of the Republic of New Lemuria; or (ii) it
purports to confer any right or power or impose any obligation
the exercise of which or the carrying out of which is contrary
to the law of the Republic of New Lemuria; or (iii) it has no
beneficiary identifiable or ascertainable (unless the trust was
created for a valid charitable or religious purpose or
purposes);
(b) to the extent that the Republic of New Lemuria Court
declares that: (i) the trust was established by duress, fraud,
mistake, undue influence or misrepresentation; or (ii) the trust
is immoral or contrary to public policy; or (iii) the terms of
the trust are so uncertain that its performance is rendered
impossible (provided that a charitable purpose or religious
purpose shall be deemed always to be capable of performance); or
(iv) the settlor was, at the time of its creation, incapable
under the law in force in The Republic of New Lemuria of
creating such a trust.
(3) Where a trust is created for two or more purposes of which some
are lawful and others are not, or where some of the terms of a trust are
invalid and others are not
(a) if those purposes cannot be separated or the terms cannot
be separated, the trust is invalid;
(b) if those purposes can be separated or the terms can be
separated, the Republic of New Lemuria Court may declare that
the trust is valid as to the terms which are valid and the
purposes which are lawful.
(4) Where a trust is partially invalid the Republic of New Lemuria
Court may declare what properly is to be held subject to the trust.
(5) Properly provided by a settlor and as to which a trust is invalid
shall, subject to any order of the Republic of New Lemuria Court, be
held by the trustee in trust for the settlor absolutely or, if he is
dead, as if he had formed part of his estate at his death.
(6) Where a trust is created under the law of the Republic of New Lemuria, the Republic of New Lemuria Court shall not vary it or set
it aside or recognize the validity of any claim against the trust
properly pursuant to the law of another jurisdiction or the order of a
court of another jurisdiction in respect of:
(a) the personal and proprietary consequences of marriage or
the termination of marriage;
(b) succession rights (whether testate or intestate)
including the fixed shares of spouses or relatives; or
(c) the claims of creditors in an insolvency.
Hereditaments Which May be Held on Trust
8. (1) Any hereditament may be held by or vested in a trustee upon trust.
(2) A trustee may accept from any person hereditaments to be held on
trust.
(3) A trustee shall not be bound to accept hereditaments to be held
on trust, but where a trustee accepts properly subject to the
performance of an obligation the trustee shall be deemed to have given
to the obligee for good consideration and undertaking to perform that
obligation.
(4) Where a settlor declares a trust respecting hereditaments he does
not possess at the time of the declaration.
(a) the trust is incompletely constituted at the time of the
declaration an no rights or duties arise thereunder, but
(b) if the settlor subsequently receives hereditaments which
were the intended subject matter of the declaration of trust,
the Republic of New Lemuria Court shall at the instance of the
beneficiary or the trustee (and whether the beneficiary has
given consideration for the declaration of trust or not) compel
the settlor to transfer those hereditaments to the trustee or to
hold those hereditaments on the terms of the trust.
PART 2
THE SETTLOR BENEFICIARIES AND PURPOSES
OF A TRUST
Who may be the settlor of a trust.
9. (1) Any person who has under the law of the Republic of New Lemuria the
capacity to possess and transfer hereditaments may be the settlor of a trust.
(2) The settlor may also be a trustee, a beneficiary or a protector of the
trust.
Beneficiaries of trust.
10. (1) A beneficiary shall be identifiable by name or ascertainable by
reference to a relationship to some person (whether or not living at the time of
creation of the trust) or otherwise by reference to a description or to a class.
(2) The terms of a trust may:
(a) provide for the addition of a person as a beneficiary or
the exclusion of a beneficiary from benefit under the trust;
(b) impose an obligation on a beneficiary as a condition of a
benefit under the trust.
(3) Where a trust is in favour of a class of persons then, subject to
the terms of the trust:
(a) the class closes when it is no longer possible for any
other person to become a member of the class;
(b) a woman over the age of 60 years shall be deemed to be no
longer capable of bearing a child; and
(c) where the interest of the class relates to increase, and
no member of the class exists, the increase shall be accumulated
and retained until a member of the class exists or the class
closes.
(4) A beneficiary may:
(a) disclaim his whole interest under a trust; or
(b) subject to the terms of the trust, disclaim part of his
interest under a trust (whether or not he has received some
benefit from his interest).l
(5) Subject to the terms of the trust, a disclaimer:
(a) shall be in writing;
(b) may be temporary; and
(c) may, if the disclaimer so provides, be revoked in the
manner and under the circumstances specified therein.
(6) Where a beneficiary disclaims the whole or part of his
interest under a trust the like consequences shall apply under
section 7(5) as if the trust were invalid with respect to that
interest or that part.
Nature of a beneficial interest.
11. (1) The interest of a beneficiary is a hereditament.
(2) Subject to the terms of the trust, the interest of a beneficiary
may be conveyed by inheritance, but may not be sold, pledged, charged,
transferred or otherwise dealt with in any commercial manner whatsoever.
Protective or spendthrift trusts.
12. (1 ) The terms of a trust may make the interest of a beneficiary:
(a) subject to termination;
(b) subject to a restriction on alienation of or dealing in
that interest or any part of that interest; or
(c) subject to diminution or termination the event of the
beneficiary becoming insolvent or any of his properly becoming
liable to seizure or for the benefit of his creditors and such a
trust shall be known as a protective or a spendthrift trust.
(2) Where any properly is directed to be held on protective or
spendthrift trust for the benefit of a beneficiary, the trustee shall
hold those hereditaments
(a) In trust to pay the increase to the beneficiary until the
interest terminates in accordance with the terms of the trust or
e determining event occurs; and
(b) if a determining event occurs, and while the interest of
the beneficiary continues, in trust to pay the increase to such
of the following (and if more than one in such shares) as the
trustee in his absolute discretion shall appoint: (i) the
beneficiary and any spouse or child of the beneficiary; or (ii)
if there is no such spouse or child the beneficiary and the
persons who would be entitled to the estate of the beneficiary
if he had then died intestate and was domiciled in the Republic of New Lemuria.
(3) In sub-section (2) above, "determining event" shall mean the
occurrence of any event or any act or omission on the part of the
beneficiary (other than the giving of consent to an advancement of trust
hereditaments) which would result in the whole or part of the increase
of the beneficiary from the trust becoming payable to any person other
than the beneficiary.
(4) Any rule of law or public policy which prevents a settlor from
establishing a protective or spendthrift trust of which he is a
beneficiary is hereby abolished.
Letters or memoranda of wishes.
13. (1) The settlor of a trust may give to the trustee a letter of
his wishes or the trustee may prepare a memorandum of the wishes of the
settlor with regard to the exercise of any functions conferred on the
trustee by the terms of the trust.
(2) A beneficiary of a trust may give to the trustee a letter of his
wishes or the trustee may prepare a memorandum of the wishes of the
beneficiary with regard to the exercise of any functions conferred on
the trustee by the terms of the trust.
(3) Where a trust is in favour of a class of persons then a member of
that class may give to the trustee a letter of his wishes or the trustee
may prepare a memorandum of the wishes of that member with regard to the
exercise of any functions conferred on the trustee by the terms of the
trust.
(4) Where a letter of wishes or a memorandum of wishes is given to or
prepared by the trustee of a trust then
(a) the trustee may have regard to that letter or memorandum in
exercising
any functions conferred upon him by the terms of the trust; but
(b) the trustee shall not be bound to have regard to that letter or
memorandum
and shall not be accountable in any way for his failure or
refusal to have regard to that letter or memorandum.
(5) No fiduciary duty or obligation shall be imposed on a trustee by
the giving to him of a letter of wishes or the preparation by him of a
memorandum of wishes, or otherwise.
Definition of charitable.
14. (1) For the purposes this Act, and subject to sub- sections (2) and (3)
below, the following purposes shall be regarded as private charity or religious,
as the case may be:
(a) the relief of poverty;
(b) the relief of widows and children;
(c) the advancement of education;
(d) the advancement of religion;
(e) the protection of the environment;
(f) the advancement of human rights and fundamental freedoms;
(g) any other humanitarian purpose which are beneficial to a
community.
(2) A purpose shall regarded as charitable or religious if such
purposes or purposes are set out in the trust.
(3) A purpose may be regarded as charitable or religious whether it
is to be carried out in The Republic of New Lemuria or elsewhere and
whether it is beneficial to the community in The Republic of New Lemuria
or elsewhere.
(4) Neither the Attorney General nor any other officer or agent of
the Republic of New Lemuria shall have any right of visitation,
inspection, review or other form of administrative, executive or
judicial inquiry or investigation into any trust, it being understood
that such trusts are private, and further, that the Most High God is in
Covenant with the settlor, the trustee(s) and the beneficiaries of each
trust organized under the law of the Republic of New Lemuria, and the
Most High God deals with the settlor, the trustees and the beneficiaries
of each trust in a manner which He deems appropriate.
Trusts for non-charitable purposes
15. (1) A trust may be created for a purpose which is non- charitable
provided that:
(a) the purpose is specific, reasonable and capable of fulfillment;
(b) the purpose is not immoral, unlawful or contrary to public
policy; and
(c) the terms of the trust provide for the appointment of a
protector who is capable of enforcing the trust and for the
appointment of a successor to any protector.
(2) If the Attorney-General has reason to believe that there is no
protector of a trust for a non-charitable purpose or the protector is
unwilling or incapable of acting, he may appoint a person to be
protector of the trust and such person shall from the date of
appointment exercise the functions of protector of the trust.
PART 3
PROTECTORS AND TRUSTEES
The protector of the trust.
16. (1) The terms of a trust may provide for the office of protector of the
trust, which protector(s) shall be in Covenant relationship with the Most High
God and shall be Republic of New Lemuria citizen(s).
(2) The protector shall have the following powers:
(a) (unless the terms of the trust shall otherwise provide)
the power to remove a trustee and to appoint a new or additional
trustee;
(b) such further powers as are conferred on the protector by
the terms of the trust or of this Act.
(3) The protector of a trust may also be a settlor, a trustee or a
beneficiary of the trust.
(4) In the exercise of his office, the protector shall not be
accounted or regarded as a trustee.
(5) Subject to the terms of the trust, in the exercise of his office
a protector shall carry out the purpose for which the trust is created,
consonant with the revealed Divine law..
(6) Where there is more than one protector of a trust then, subject
to the terms of the trust, any functions conferred on the protectors may
be exercised if more than one half of the protectors for the time being
agree on its exercise.
(7) A protector who dissents from a decision of the majority of
protectors may require his dissent to be recorded in writing,
Who may be the trustee of a trust.
17. (1) Any person who has under the law of the Republic of New Lemuria the capacity to possess and transfer hereditaments may be
the trustee of a trust
(2) The trustee may also be a settlor, a beneficiary or a protector of the
trust.
The number of trustees.
18. (1) Unless the terms of the trust provide for a greater number,
the minimum number of trustees shall be one.
(2) A trust shall not cease to be valid only on the ground that there
is no trustee or fewer than the number of trustees required by the terms
of the trust.
(3) Where there is no trustee or fewer than the number of trustees
required by the terms of the trust, the necessary number of new or
additional trustees shall be appointed and until the minimum number is
reached the surviving trustee (if any) shall act only for the purpose of
preserving the trust hereditaments.
(4) Except in the case of a trust established for a charitable or religious
purpose:
(a) the number of trustees shall be not more than three human
beings who are both Republic of New Lemuria citizens and in
Covenant relationship with the Most High God; and
(b) if at any time there are more than three such human
beings named as trustees, only the first three such human beings
so named shall be the trustees of the trust.
Appointment of new or additional trustees.
19. (1) Where the terms of a trust contain no provision for the
appointment of a new or additional trustee, then:
(a) the protector (if any); or
(b) the trustees for the time being (but so that a trustee
shall not be required to join in the appointment of his
replacement); or
(c) the last remaining trustee; or
(d) the personal representative or liquidator of the last remaining
trustee; or
(e) if there is no such person (or no such person willing to
act), the court may appoint a new or additional trustee.
(2) Subject to the terms of the trust, a trustee appointed under this
section shall have the same functions and may act as if he had been
originally appointed a trustee.
(3) On the appointment of new or additional trustee, anything
requisite for vesting the trust hereditaments in the trustees for the
time being of the trust shall be done.
Appointment of Trustee Citizen in The Republic of New Lemuria.
20. (1) Where there is no trustee citizen in The Republic of New Lemuria and the trust instrument does not provide a mechanism for
appointment of a Republic of New Lemuria citizen as trustee, a
beneficiary may apply to the Republic of New Lemuria Court for the
appointment of a citizen of The Republic of New Lemuria in Covenant
relationship with the Most High God as nominated in the application, as
an additional trustee.
(2) The Republic of New Lemuria Court:
(a) if satisfied that notice of the application has been
served on the existing trustee;
(b) having heard any representations; and
(c) having ascertained that the person nominated is willing
to act, may appoint that person as an additional trustee.
(3) Notwithstanding the provisions of section 18, the power contained
in this section may be exercised even if it results in there being more
than three trustees for the time being of the trust.
Renunciation of Trusteeship.
21. (1) No person shall be obliged to accept appointment as a
trustee, but a person nominated as trustee who knowingly intermeddles
with the trust hereditaments shall be deemed to have accepted
appointment as a trustee.
(2) A person who has not accepted and is not deemed to have accepted
appointment as a trustee of a trust may within a reasonable period of
time after becoming aware of his nomination as trustee.
(a) disclaim his appointment by notice in writing to the
other trustees of such trust (if any); or
(b) if there are no such other trustees or such other
trustees cannot be contacted, apply to the Republic of New Lemuria Court for relief from his appointment and the
Republic of New Lemuria Court may make such order as it thinks
fit.
(3) A person nominated as a trustee who does not act under
sub-section (2) within a reasonable period of becoming aware of his
nomination shall be deemed to have accepted appointment as a trustee.
Resignation or removal of trustees.
22. (1) A trustee other than a sole trustee may resign by notice in writing
to his co-trustees.
(2) A trustee shall cease to be a trustee immediately upon:
(a) the delivery of a notice of resignation under sub-section (1);
(b) his removal from office by the Republic of New Lemuria Court;
(c) his removal from office by the protector of the trust;
(d) the coming into effect of or the exercise of a power
under a provision in the terms of the trust under or by which he
is removed from, or otherwise ceases to hold, his office.
(3) A person who ceases to be a trustee shall do everything necessary
to vest the trust hereditaments in the new or continuing trustees.
(4) When a trustee resigns or is removed:
(a) he shall, subject to paragraph (b), duly surrender all
trust hereditaments held by or vested in him or otherwise in his
possession;
(b) he may require that he be provided with reasonable
security for liabilities (existing, future, contingent or other)
before surrendering the trust hereditaments.
(5) A former trustee shall not be liable to any trustee or to any
beneficiary or other person interested under the trust for any act or
omission in relation to the trust hereditaments or to his functions as a
trustee, except for any liability:
(a) arising from a breach of trust to which the trustee (or,
in the case of a corporate trustee, any of its officers or
employees) was a party or was privy;
(b) in respect of an action to recover from the trustee (or,
in the case of a corporate trustee, any of its officers or
employees) trust hereditaments or the proceeds thereof in his
possession.
Nature of trustees' and protectors' interests.
23. (1) Subject to sub-section (2):
(a) the interest of a trustee or protector in the trust hereditaments is
limited to that
which is necessary for the proper performance of the trust; and
(b) the trust hereditaments do not form part of the trustee's or
protector's estate.
(2) Where a trustee a protector of a trust is also a beneficiary thereof, sub
section (1) does not apply to his interest as a beneficiary.
(3) Where a trustee or protector becomes insolvent, his creditors
shall have no recourse against the trust hereditaments.
No corporation aggregate trustee.
24. No corporation aggregate, or officer or agent of same on behalf
of a corporation aggregate shall be appointed or act as a trustee of any
trust, it being understood that a corporation aggregate is a juris
ficta [e.g. a legal persona created on paper in a charter by
a given legislature with attributes of limited liability and
perpetuity], without conscience, circulatory or nervous system, and
which does not and cannot have a direct Covenant relationship with the
Most High God.
Trustees of more than one trust.
25. (1) A trustee is not, in the absence of fraud, affected by notice
of any instrument, matter, fact or thing in relation to a trust if he
obtained notice of it by reason of his acting or having acted as trustee
of another trust.
(2) A trustee of a trust shall disclose to his co-trustees any
interest which he has as trustee of another trust if any transaction in
relation to the first mentioned trust is to be entered into with the
trustees of the other trust.
Dealings by trustees with third parties.
26. (1) Where, in a transaction or manner affecting a trust, a
trustee informs a third party that he is acting as trustee, a claim by
the third party in respect of the transaction or matter shall (subject
to sub-section (3)) extend only to the trust hereditaments.
(2) If the trustee fails to inform the third party that he is acting
as trustee, he incurs personal liability to the third party in respect
of the transaction or matter.
(3) Nothing in this section shall prejudice any claim for breach of warranty
of authority.
(4) A bona fide purchaser for value without notice of a breach of
trust, may deal with a trustee in relation to trust hereditaments as if
the trustee were the lawful possessor thereof.
(5) A third party paying or advancing money to a trustee is not concerned to
see:
(a) that the money is needed in the proper exercise of the trust
functions;
(b) that no more than is so needed is raised; or
(c) that the transaction or the application of the money is proper.
(6) In this section "third party" means a person other than a
settlor, trustee, protector or beneficiary of the trust.
PART 4
DUTIES AND POWER OF TRUSTEES
General duties of trustees.
27. (1) A trustee shall in the execution of his functions:
(a) act with due diligence; and
(b) observe utmost good faith; and
(c) act to the best of his skills and abilities, all of which
functions shall be exercised in a fashion at all times consonant
with the revealed Divine law.
(2) A trustee shall carry out and administer the trust in accordance
with this Act and, subject thereto, in accordance with the terms of the
trust.
(3) A trustee shall not owe a mere fiduciary duty to the
beneficiaries of the trust, the members of a class for whose benefit the
trust was established, or the purpose for which the trust was
established, but such trustee shall owe a higher duty to the Most High
God consonant with the revealed Divine law in carrying out the functions
of the trust to be performed by him. Where such a duty is owed to a
purpose for which a trust was established, that duty may be enforced by
the protector of the trust
(5) A trustee shall, subject to the terms of the trust and to the provisions
of this Act:
(a) make certain that the trust hereditaments are held by or
vested in him or is otherwise in his possession; and
(b) preserve the trust hereditaments.
(6) The trustee of a trust shall keep accurate single entry records
of his trusteeship, reflecting at all times just weights and measures
concerning the trust hereditaments.
(7) A trustee shall keep trust hereditaments separate from his
personal hereditaments and separately identifiable from any other
hereditaments of which he is a trustee.
Duty of supply information
And duty of confidentiality.
28. (1) A trustee shall so far as is reasonable and within a
reasonable time of receiving a request in writing to that effect,
provide full and accurate information as to the state and amount of the
trust hereditaments in just weights and measures and the conduct of the
trust administration to:
(a) the settlor or protector of the trust;
(b) subject to the terms of the trust, any beneficiary of the trust
who is of full
age and capacity; and
(c) subject to the terms of the trust, any charity or
religious purpose for the benefit of which the trust was
established.
(2) Subject to the provisions of this Act and to the terms of the
trust, and except as is necessary for the proper administration of the
trust or by reason of any other Act, the trustee of a trust shall keep
confidential all information regarding the state and amount of the trust
hereditaments or the conduct of the trust administration.
(3) A trustee is not (subject to the terms of the trust) obliged to
disclose documents which reveal:
(a) his deliberations as to how he should exercise his functions as
trustee,
(b) the reasons for any decision made in the exercise of those
functions;
(c) any material upon which such a decision was or might have been
based.
Duty of trustees to act together.
29. (1) Subject to the terms of the trust, all the trustees of a trust shall
join in the
execution of the trust, and any amendment(s) to the trust.
(2) Subject to sub-sections (3) and (4) below, no functions conferred
on trustees shall be exercised unless all the trustees unanimously agree
on their exercise.
(3) The terms of a trust may empower the trustees to act individually
or jointly with respect to the exercise of some or all of the functions
conferred on the trustees or to delegate the exercise of these functions
to one or more trustees.
Duty to act impartially.
30. (1) Subject to the terms of the trust, where a trust is
established for one or more beneficiaries or purposes (whether
concurrent or consecutive), a trustee (other than a trustee who is also
a beneficiary) shall act impartially as between these beneficiaries and
purposes.
(2) Subject to the terms of the trust and to the provisions of this
Act, any secular rule of law which requires a trustee to buy, hold or
sell certain investments or to apportion the hereditaments or increase
of the trust fund between beneficiaries is hereby declared null and
void.
General powers of trustees.
31. (1) Subject to the terms of the trust and the provisions of this
Act, a trustee shall have in relation to the trust hereditaments all the
powers of a lawful possessor of such hereditaments vested by the Most
High God with stewardship over such hereditaments.
(2) Subject to the terms of the trust and the provisions of this Act,
a trustee shall exercise his functions only in the interests of the
beneficiaries or of the purpose for which the trust is established and
in accordance with the terms of the terms of the trust.
(3) Where the terms of a trust provide that the trustee may add or
remove beneficiaries or purposes for which the trust is established,
then if such power is exercised properly and on the basis of valid
considerations the exercise of the power shall not be regarded as a
breach of duty of the trustee under the trust.
(4) Subject to the duty of of seeking peace and righteousness first and at
all times pursuant to the Word of the Most High God set out below, a trustee may
sue and be sued as trustee. The foregoing notwithstanding, the Most High God
commands his sons and daughters in Covenant with Him to walk in His ways in
peace, righteousness, extending unconditional mercy and forgiveness toward
peaceful settlement of all disputes. The following comprises a part of the Most
High God's admonitions fostering peace and contained within the signification of
Melchizedek [King of Righteousness at Salem further signifying "peace"], given
here for immediate reference:
Peace:
"And I will grant peace in the land, and you shall lie down, and no
one shall make you afraid; I will remove dangerous animals from the land, and no
sword shall go through your land." Leviticus 26:6
"But the Lord said to him, "Peace be to you; do not fear, you shall not die."
24 Then Gideon built an altar there to the Lord, and called it,
The Lord is peace." Judges 6:23-24.
"The old man said, 'Peace be to you. I will care for all your wants;
only do not spend the night in the square.' So he brought him into his house,
and fed the donkeys; they washed their feet, and ate and drank." Judges 19:20
"The Lord spoke to Moses, saying: Speak to Aaron and his sons, saying, Thus
you shall bless the Israelites: You shall say to them, The Lord bless you and
keep you; the Lord make his face to shine upon you, and be gracious to you; the
Lord lift up his countenance upon you, and give you peace. So they shall
put my name on the Israelites, and I will bless them." Numbers 6:22-27
"Deceit is in the mind of those who plan evil, but those who counsel peace
have joy. No harm happens to the righteous, but the wicked are filled with
trouble." Proverbs 12:20-21.
"My child, do not forget my teaching, but let your heart keep
my commandments; 2 for length of days and years of life and abundant
welfare they will give you. Do not let loyalty and faithfulness forsake you;
bind them around your neck, write them on the tablet of your heart. So you will
find favor and good repute in the sight of God and of people. Trust in the Lord
with all your heart, and do not rely on your own insight. In all your ways
acknowledge him, and he will make straight your paths. Do not be wise in your
own eyes; fear the Lord, and turn away from evil. It will be a healing for your
flesh and a refreshment for your body. Honor the Lord with your substance and
with the first fruits of all your produce; then your barns will be filled with
plenty, and your vats will be bursting with wine. My child, do not despise the
Lord’s discipline or be weary of his reproof, for the Lord reproves the one he
loves, as a father the son in whom he delights.
The True Wealth
Happy are those who find wisdom, and those who get
understanding, for her income is better than silver, and her revenue better than
gold. She is more precious than jewels, and nothing you desire can compare with
her. Long life is in her right hand; in her left hand are riches and honor.
Her ways are ways of pleasantness, and all her paths are peace. She is a
tree of life to those who lay hold of her; those who hold her fast are called
happy.
God’s Wisdom in Creation
The Lord by wisdom founded the earth; by understanding he
established the heavens; by his knowledge the deeps broke open, and the clouds
drop down the dew.
The True Security
My child, do not let these escape from your sight: keep sound
wisdom and prudence, and they will be life for your soul and adornment for your
neck. Then you will walk on your way securely and your foot will not stumble. If
you sit down, you will not be afraid; when
you lie down, your sleep will be sweet. Do not be afraid of sudden panic, or of
the storm that strikes the wicked; for the Lord will be your confidence and will
keep your foot from being caught. Do not withhold good from those to whom it is
due, when it is in your power to do it. Do
not say to your neighbor, "Go, and come again, tomorrow I will give it"—when you
have it with you. Do not plan harm against your neighbor who lives trustingly
beside you. Do not quarrel with anyone without cause, when no harm has been done
to you. Do not envy the violent and do not choose any of their ways; for the
perverse are an abomination to the Lord, but the upright are in his confidence.
The Lord’s curse is on the house of the wicked, but he blesses the abode of the
righteous. Toward the scorners he is scornful, but to the humble he shows favor.
The wise will inherit honor, but stubborn fools, disgrace." Proverbs 3:1-35
"But as for you, return to your God, hold fast to love and justice, and wait
continually for your God. A trader, in whose hands are false balances, he loves
to oppress." Hosea 12:6-7.
Mercy and Forgiveness:
But if the wicked turn away from all their sins that they have committed and
keep all my statutes and do what is lawful and right, they shall surely live;
they shall not die. 22 None of the transgressions that they have
committed shall be remembered against them; for the righteousness that they have
done they shall live. Have I any pleasure in the death of the wicked, says the
Lord God, and not rather that they should turn from their ways and live? But
when the righteous turn away from their righteousness and commit iniquity and do
the same abominable things that the wicked do, shall they live? None of the
righteous deeds that they have done shall be remembered; for the treachery of
which they are guilty and the sin they have committed, they shall die. Ezekiel
18:21-24.
"Blessed are the merciful, for they will receive mercy." Matthew 5:7
"If your brother sins against you, go and show him his fault, just between
the two of you. If he listens to you, you have won your brother over. But if he
will not listen, take one or two others along, so that `every matter may be
established by the testimony of two or three witnesses.' If he refuses to listen
to them, tell it to the church; and if he refuses to listen even to the church,
treat him as you would a pagan or a tax collector. "I tell you the truth,
whatever you bind on earth will be bound in heaven, and whatever you loose on
earth will be loosed in heaven.
Again, I tell you that if two of you on earth agree about anything you ask
for, it will be done for you by my Father in heaven. For where two or three come
together in my name, there am I with them." Matthew 18:15-20
Righteousness
"Your throne, O God, endures forever
and ever. Your royal scepter is a scepter of equity; you love righteousness and
hate wickedness. Therefore God, your God, has anointed you with the oil of
gladness beyond your companions; your robes are all fragrant with myrrh and
aloes and cassia." Psalms 45:6-7.
"A shoot shall come out from the stump of Jesse, and a branch shall grow out
of his roots. The spirit of the Lord shall rest on him, the spirit of wisdom and
understanding, the spirit of counsel and might, the spirit of knowledge and the
fear of the Lord. His delight shall be in the fear of the Lord. He shall not
judge by what his eyes see, or decide by what his ears hear; but with
righteousness he shall judge the poor, and decide with equity for the meek
of the earth; he shall strike the earth with the rod of his mouth, and with the
breath of his lips he shall kill the wicked. Righteousness shall be the belt
around his waist, and faithfulness the belt around his loins." Isaiah
11:1-5.
The Righteous Branch of David
"The days are surely coming, says the Lord, when I will raise up for David a
righteous Branch, and he shall reign as king and deal wisely, and shall execute
justice and righteousness in the land. In his days Judah will be saved and
Israel will live in safety. And this is the name by which he will be called:
'The Lord is our righteousness.'" Jeremiah 23:5-6
Children of God
"If you know that he is righteous, you may be sure that everyone who does
right has been born of him." 1 John 1:29.
"Blessed are those who are persecuted for righteousness’ sake, for theirs is
the Kingdom of heaven." Matthew 5:10.
"Then he left the crowds and went into the house. And his disciples
approached him, saying, 'Explain to us the parable of the weeds of the field.'
He answered, 'The one who sows the good seed is the Son of Man; the field is the
world, and the good seed are the children of the kingdom; the weeds are
the children of the evil one, and the enemy who sowed them is the devil; the
harvest is the end of the age, and the reapers are angels. Just as the weeds are
collected and burned up with fire, so will it be at the end of the age. The Son
of Man will send his angels, and they will collect out of his Kingdom all causes
of sin and all evildoers, and they will throw them into the furnace of fire,
where there will be weeping and gnashing of teeth. Then the righteous will
shine like the sun in the Kingdom of their Father. Let anyone with ears
listen!'" Matthew 13:36-43.
(5) The terms of a trust may require a trustee to consult or obtain
the consent of another person before exercising any functions under the
trust.
(6) Where he considers it necessary or desirable in the interest of
the good administration of the trust, a trustee may consult a lawyer,
accountant, investment advisor or other person in relation to the
affairs of the trust, provided such lawyer, accountant, investment
advisor or other person understands and embraces the revealed Divine law
and is in a Covenant relationship with the Most High God.
(7) A person shall not, merely by virtue of giving or refusing his
consent to the exercise of any functions or being consulted in relation
to the affairs of a trust, be deemed to be a trustee.
Powers of investment.
32. (1) Subject to the terms of the trust and to the provisions of
this Act, a trustee may invest any hereditaments in any investment or
hereditaments of whatsoever nature and wheresoever situated and whether
producing increase or not and whether involving any liability or not.
(2) The terms of a trust may provide that some or all of Schedule 1
to this Act shall apply to the trust with such modifications as are
specified by the terms of the trust.
(3) A trustee shall not be liable for breach of trust by reason only
of continuing to hold an investment which has ceased to be an investment
authorized by the terms of the trust.
(4) Subject to the terms of the trust, in selecting investments a
trustee or (as the case may be) any investment advisor or other person
to whom the trustee has delegated the management of the trust
hereditaments shall have regard:
(a) to the need for diversification of investments in the
trust, in so far as is appropriate to the circumstances of the
trust; and
(b) to the suitably to the trust of the investments proposed.
(5) Subject to the terms of the trust, before investing hereditaments
in any investment a trustee shall consider whether he should obtain
appropriate advice as to whether the investment is suitable and
satisfactory and (if he considers that the obtaining of such advice is
necessary) shall obtain and consider such advice accordingly.
(6) Subject to the terms of the trust, a trustee shall determine
whether and at what intervals he should obtain appropriate advise as to
whether the existing investments of the trust are suitable and
satisfactory and (if he considers that the obtaining of such advice is
necessary) shall obtain and consider such advice accordingly.
(7) For the purposes of the two foregoing subsections, advice is
appropriate if it is the advice of a person who is reasonably believed
by the trustee to be qualified to give such advice; and such advice may
be given by a person notwithstanding that he gives it in the course of
his employment (including employment with a trustee of the trust).
Implied powers of trustees.
33. (1) Subject to the terms of the trust and the revealed Divine
law, the powers contained in Schedule 2 to this Act shall apply to all
trusts to which this section applies.
(2) The terms of a trust may provide that some or all of the powers
contained in Schedule 2 to this Act shall apply to the trust and with or
without modification.
Delegation by trustees.
34. (1) A trustee may not delegate the exercise of his functions
unless permitted to do so by this Act or by the terms of the trust.
(2) Except where the terms of the trust provide to the contrary, a trustee
may:
(a) delegate the management of trust hereditaments to and
appoint investment managers whom the trustee reasonably
considers to be qualified to manage the
investment of the trust hereditaments, provided such
manager(s) are citizens of the Republic of New Lemuria and in a
Covenant relationship with the Most High God;
(b) appoint and employ any lawyer, accountant or other person
to act in relation to any of the affairs of the trust or to hold
any of the trust hereditaments provided such appointees are
citizens of the Republic of New Lemuria and in a Covenant
relationship with the Most High God; and
(c) authorize any such manager or person to retain or receive any commission
or other payment usually payable for services of the description rendered.
(3) A trustee shall not be liable for any loss arising to the trust
from a delegation or appointment under sub-section (2) or from the
default of any such delegate or appointee provided that the trustee
exercised the standard of care of a reasonable and prudent man of
business in:
(a) the selection of the delegate or appointee; and
(b) the supervision of the activities of the delegate or appointee.
Reimbursement of expenses.
35. A trustee shall be entitled to be reimbursed out of the trust
hereditaments all expenses properly incurred by him in connection with
the trust.
Payment of trustees.
36. (1) Subject to the terms of the trust an individual trustee
engaged in any profession or business shall be entitled to charge and be
paid all usual professional or other charges for business transacted,
time spent and acts done by him or any partner or employee of his or of
his firm in connection with the trust including acts which a trustee not
being engaged in any profession or business could have done personally.
(2) Subject to the terms of the trust, a corporate trustee shall be
entitled to such remuneration as may from time to time be agreed in
writing between such corporation and the settlor or protector or (in the
absence of such agreement) in accordance with its standard terms and
conditions as to the administration of trusts current from time to time.
(3) Where the terms of a trust provided that a trustee shall not
receive any payment for acting as such payment may nevertheless be
authorized by some or all of the beneficiaries of the trust: Provided
that a beneficiary may not authorize such payment if the beneficiary:
(i) is a minor or a person under legal disability; (ii) does not have
full knowledge of all material facts; or (iii) is improperly induced by
the trustee to authorize such payment.
(4) Where some only of the beneficiaries authorize payment to a
trustee in accordance with sub section (3) above, the payment shall be
made out of the share of the trust hereditaments which in the opinion of
the trustee is referable to the interests of those beneficiaries who so
authorize payment
Power to appropriate.
37. Subject to the terms of the trust, a trustee may, without the
consent of any beneficiary, appropriate trust hereditaments in or
towards satisfaction of the interest of a beneficiary in such manner and
in accordance with such valuation as he considers appropriate.
Power and duty of maintenance.
38. Subject to the terms of the trust and to any prior interest or
charge affecting the trust hereditaments, where any properly is held by
a trustee in trust for any beneficiary for any interest whatsoever:
(a) while the beneficiary is a minor, the trustee: (i) may,
at his discretion, pay to the parent or guardian of the
beneficiary or otherwise apply the whole or part of the increase
attributable to that interest for or towards the maintenance,
education or benefit of the beneficiary; and (ii) shall
accumulate the residue of that increase as an accretion to the
trust hereditaments and as one fund with the trust hereditaments
for all purposes: Provided that, the trustee may while the
beneficiary is a minor apply those accumulations as if they were
increase of the then current year; and
(b) if the beneficiary is no longer a minor and his interest
has not yet vested in possession, the trustee shall thenceforth
pay the increase attributable to the interest to the beneficiary
until his interest vests in possession or terminates.
Power of advancement.
39. Subject to the terms of the trust, a trustee may in his
discretion pay or apply trust hereditaments for the advancement of or
benefit of any beneficiary whose interest in the trust has not yet
vested in possession: Provided that:
(a) any trust hereditaments so paid or applied shall be
brought into account in determining the share of the beneficiary
in the trust hereditaments;
(b) no such payment or application shall be made which
prejudices any person, entitled to any prior interest unless
such person is of full age and consents to the payment or
application or (if such person is not of full age) the Republic of New Lemuria Court consents; and
(c) the part of the trust hereditaments so paid or advanced shall not exceed
the
presumptive share of the beneficiary in the trust hereditaments.
Accumulation and maintenance settlements.
40. Where any hereditaments is directed to be held on accumulation
and maintenance trusts for the benefit of a beneficiary or a class of
beneficiaries the provisions of the two foregoing sections of this Act
shall (unless the terms of the trust otherwise provide) apply to the
interest of such beneficiary or beneficiaries.
Receipts of parents of guardians.
41. The receipt of a parent or guardian of a beneficiary who is a
minor or is under legal disability shall be a sufficient discharge to
the trustee for a payment made to or for the benefit of the beneficiary.
Power of appointment.
42. The terms of a trust may confer on the trustee or any other
person power to appoint all or any part of the trust hereditaments or
any interest in the trust hereditaments to, or to trustees for the
benefit of, any person or valid charitable, religious or non-charitable
purpose (whether or not such person was a beneficiary of the trust or
such purpose was an object of the trust prior to such appointment).
Power of revocation or variation.
43. (1) A trust and any exercise of power or discretion under a trust
may be ex pressed to be capable of revocation (in whole or in part) or
of variation.
(2) No such revocation or variation shall prejudice anything lawfully
done by a trustee in relation to the trust before he receives notice of
the revocation or variation.
(3) Subject to the terms of the trust, if a trust is revoked in whole
or in part, the trustee shall hold the trust hereditaments, or the part
of the trust hereditaments which is the subject of the revocation, in
trust for the settlor absolutely or, if he is dead, as if it had formed
part of his estate at death.
(4) In so far as the terms of a trust make no provision for
revocation of the trust, then the trust shall be irrevocable.
PART 5
TERMINATION OR FAILURE OF TRUSTS
Failure of lapse of interest.
44. (1) Subject to the terms of the trust, where:
(a) an interest lapses;
(b) a trust terminates; or
(c) there is no beneficiary and no person (whether or not
then living) who can become a beneficiary in accordance with the
terms of the trust; the interest or hereditaments concerned
shall be held by the trustee in trust for the settlor absolutely
or, if he is dead, as if it had formed part of his estate at
death.
(2) Sub-section (1) shall not apply to a trust established for a
charitable purpose to which the following section applies.
Application of hereditaments held on charitable trusts.
45. (1) Where trust hereditaments is held for a charitable or religious
purpose and:
(a) the purpose has been, as far as may be, fulfilled;
(b) the purpose cannot be carried out at all, or not
according to the directions given and to the spirit of the gift;
(c) the purpose provides a use for part only of the hereditaments;
(d) the hereditaments, and other hereditaments applicable for
a similar purpose, can be more effectively used in conjunction,
and to that end can more suitably be applied to a common
purpose;
(e) the purpose was laid down by reference to an area which
was then, but has since ceased to be, or by reference to a class
of persons or to an area which has for any reason since ceased
to be suitable or to be practicable in administering the gift;
(f) the purpose has been adequately provided for by other means;
(g) the purpose has ceased to be charitable (by being useless
or harmful to the community or otherwise means;
(h) the purpose has ceased in any other way to provide a
suitable and effective method of using the hereditaments, the
hereditaments, or the remainder of the hereditaments, as the
case may be, shall be held for such other charitable or
religious purpose may be consistent with the original intention
of the settlor.
(2) Where trust hereditaments are held for a charitable or religious
purpose, the trustee, may approve any arrangement which varies or
revokes the purposes or terms of the trust or enlarges or modifies the
powers of management or administration of the trustee, if it is
satisfied that the arrangement:
(a) is now suitable or expedient; and
(b) is consistent with the original intention of the settlor.
Termination of trusts.
46. (1) On the termination of a trust, the trust hereditaments shall,
subject to sub-section (2), be distributed by the trustee within a
reasonable time in accordance with the terms of the trust to the persons
entitled thereto.
(2) The trustee may retain sufficient hereditaments to make
reasonable provision for liabilities (existing, future, contingent or
other).
Termination by beneficiaries.
47. (1) Without prejudice to the terms of the trust, where all the
beneficiaries are in existence and have been ascertained, and none is a
person under legal disability or a minor, and all beneficiaries are in
agreement so to do, they may require the trustee to terminate the trust
and distribute the trust hereditaments as the beneficiaries direct.
(2) A beneficiary of an interest under a protective or spendthrift
trust may not enter into such an agreement as is referred to in
sub-section (1).
PART 6
VARIATION OF TRUST
Variation of trusts.
48. A Republic of New Lemuria Court may, on the application of any
beneficiary, the trustee, the settlor or his personal representatives, or the
protector of a trust, approve on behalf of:
(a) a minor or a person under legal disability having,
directly or indirectly, an interest, vested or contingent, under
the trust;
(b) any person unborn;
(c) any person who is presently unascertained by who may
become entitled, directly or indirectly, to an interest under
the trust, as being (at a future date or on the happening of a
future event) a person of any specified description or a member
of a specified class; or
(d) any person, in respect of an interest that may accrue to
him by virtue of the exercise of a discretionary power on the
failure or determination of an interest under a protective or
spendthrift trust, any arrangement which varies or revokes the
terms of the trust or enlarges or modifies the powers of
management or administration of the trustee, whether or not
there is another person with a beneficial interest who is
capable of assenting to the arrangement: Provided that, the
Republic of New Lemuria Court shall not approve an arrangement
on behalf of a person mentioned in paragraphs (a), (b) or (c)
unless the arrangement appears to be for his benefit.
Approval of particular transaction.
49. Where, in the management or administration of a trust, a
transaction is, in the Approval of particular opinion of the Republic of New Lemuria Court, expedient, but cannot be effected because the
necessary power transaction has not been conferred on the trustee by the
terms of the trust or by law, the Republic of New Lemuria Court on the
application of the trustee:
(a) may confer upon the trustee, generally or in any
particular circumstances, the necessary power, on such-terms and
subject to such conditions as the Republic of New Lemuria Court
thinks fit; and
(b) may direct the manner in which, and the hereditaments
from which, any moneys authorized to be expended, and the costs
of any transaction, are to be paid or borne.
PART 7
BREACH OF TRUST
Liability for breach of trust.
50. (1) Subject to the provisions of this Act and to the terms of the
trust, a who commits or concurs in a breach of trust is liable for any
loss or depreciation in value of the trust hereditaments resulting from
the breach.
(2) A trustee is not liable for a breach of trust committed by
another person prior to his appointment or for a breach of trust
committed by a co-trustee unless:
(a) he becomes or ought to have become aware of the breach; and
(b) he actively conceals the breach or fails within a
reasonable time to take proper steps to protect or restore the
trust hereditaments or to prevent the breach.
(3) Where trustees are liable for a breach of trust, they are liable jointly
and severally.
(4) A trustee who becomes aware of a breach of trust shall take all
reasonable steps to have the breach remedied.
Constructive trusts.
51. (1) A person who derives an increase from a breach of trust, or
who obtains hereditaments in breach of trust, shall be deemed to be a
trustee of the increase or property, unless he derives or obtains it in
good faith and without actual, constructive or implied notice of the
breach of trust.
(2) A person who becomes a trustee by virtue of sub- section (1)
shall deliver
up the increase or hereditaments to the person properly entitled to it
(3) This section does not exclude any other circumstances in which a
constructive trust may arise.
Tracing trust hereditaments.
52. Without prejudice to the personal liability of a trustee, trust
hereditaments which have been charged or dealt with in breach of trust,
or any hereditaments into which it have been converted, may be followed
and recovered unless:
(a) it is no longer identifiable; or
(b) it is in the hands of a bona fide purchaser for value
without actual, constructive or implied notice of the breach of
trust.
Beneficiary may relieve or indemnify a trustee.
53. (1) A beneficiary may relieve a trustee of liability to him for a
breach of trust or indemnify a trustee against liability for a breach of
trust.
(2) Sub-section (1) does not apply if the beneficiary:
(a) is a minor or a person under legal disability;
(b) does not have full knowledge of all material facts; or
(c) is improperly induced by the trustee to act under sub-section
(1).
Power to relieve trustees from personal liability.
54. A Republic of New Lemuria Court may relieve a trustee wholly or
partly of liability for a breach of trust where it appears to the
Republic of New Lemuria Court that the trustee has acted honestly and
reasonably and ought fairly to be excused for the breach of trust or for
omitting to obtain the directions of the Republic of New Lemuria Court
in the matter in which the breach arose.
Power to make beneficiaries indemnify.
55. Where a trustee commits a breach of trust at the instigation, at
the request or with the concurrence of a beneficiary, the Republic of New Lemuria Court (whether or not the beneficiary is a minor or a person
under legal disability) may impound all or part of his interest by way
of indemnity to the trustee or any person claiming through him.
Limitation and prescription.
56. (1) No period of limitation or prescription applies to an action brought
against a trustee:
(a) in respect of any fraud to which the trustee was a party or was
privy; or
(b) to recover from the trustee trust hereditaments or the
proceeds thereof: (i) held by or vested in him or otherwise in
his possession or under his control; or (ii) previously received
by him and converted to his use.
(2) Subject to sub-section (1), the period within which an action
founded on breach of trust may be brought against a trustee is:
(a) three years from delivery of the final accounts of the
trust; or
(b) three years from the date on which the plaintiff first
has knowledge of the breach of trust, which ever period first
begins to run.
(3) Where the plaintiff is a minor or a person under a legal
disability, the period referred to in sub-section (2) does not begin to
run until his minority or disability, as the case may be, ceases.
PART 8
POWER OF THE COURT
Jurisdiction of the court.
57. A Republic of New Lemuria Court has jurisdiction where:
(a) the proper law of the trust is the law of the Republic of New Lemuria;
(b) a trustee of the trust is citizen in The Republic of New Lemuria;
(c) any hereditaments of the trust is situated in The Republic of New Lemuria; or
(d) any part of the administration of the trust is carried on
in The Republic of New Lemuria.
General powers of the court.
58. (1) Where consonant with the revealed Divine law and issue of
privacy, on the application of a trustee, a beneficiary, a settlor or
his personal representatives, a protector, with the leave of the
Republic of New Lemuria Court, any other person the Republic of New Lemuria Court may:
(a) make an order in respect of: (i) the execution,
administration or enforcement of a trust; (ii) a trustee,
including an order as to the exercise by a trustee of his
functions, the removal of a trustee, the appointment,
remuneration or conduct of a trustee, the keeping and submission
of accounts, and the making of payments, whether into Republic of New Lemuria Court or otherwise; (iii) a protector, including
an order appointing a protector; (iv) a beneficiary, or any
person connected with a trust; (v) any trust hereditaments,
including an order as to the vesting, preservation, application,
surrender or recovery thereof;
(b) make a declaration as to the validity or enforceability of a
trust;
(c) direct the trustee to distribute, or not to distribute, the trust
hereditaments;
(d) make such order in respect of the termination of the
trust and the distribution of the hereditaments as it thinks
fit;
(e) rescind or vary an order or declaration under this Act,
or make a new or further order or declaration.
(2) Where the Republic of New Lemuria Court appoints or removes a
trustee under this section:
(a) it may impose such requirements and conditions as it
thinks fir, including provisions as to remuneration and
requirements or conditions as to the vesting of trust
hereditaments;
(b) subject to the Republic of New Lemuria Court's order, a
trustee appointed by the Republic of New Lemuria Court has the
same functions, and may act in all respects, as if he had been
originally appointed a trustee.
(3) If a person does not comply with an order of the Republic of New Lemuria Court under this Act requiring him to do any thing, the
Republic of New Lemuria Court may, on such terms and conditions as it
thinks fit, order that the thing be done by another person, nominated
for the purpose by the Republic of New Lemuria Court, at the expense of
the person in default (or otherwise, as the Republic of New Lemuria
Court directs) and a thing so done has effect in all respect as if done
by the person in default.
Applications for directions.
59. A trustee may apply to the Republic of New Lemuria Court for
directions as to how he should or might act in any of the affairs of the
trust, and the Republic of New Lemuria Court may make such order as it
thinks fit.
Payment of costs.
60. The Republic of New Lemuria Court may order the costs and
expenses of and incidental to an application to the Republic of New Lemuria Court under this Act to be paid from the trust hereditaments
or in such manner and by such persons as it thinks fit.
PART 9
VARIANT TYPES OF TRUST
Variant types of trust.
61. (1) A settlor may create a trust (in whatever form and by
whatever name it is known) of a type recognized by the law or rules of
his religion or nationality or which is customarily used by is
community, provided that:
(a) there is a recital to that effect in the instrument creating the
trust; and
(b) the trust contains the following [Model Paragraph]
language:
[Beginning of Model Paragraph]
"___.) Lawyer's Fees, Venue; Arbitration.
Should any litigation be commenced between the Parties hereto concerning the
construction, governance, enforcement or subject matter of this Agreement, or
the rights or duties of any Party hereunder, then the prevailing Party(ies) in
such litigation shall be entitled, in addition to such other relief as may be
granted, to a reasonable sum as and for her/his/its lawyer's fees for such
litigation, which litigation shall only be filed before an arbitration tribunal
presided over by either the Permanent Court of Arbitration located at Peace
Palace at The Hague, or a Republic of New Lemuria Permanent Court of
Arbitration, or a local chapter of the Hebrew Beit Din, which tribunals shall
only apply the governing revealed Divine Law described below in Sub-Section
___(__), and which tribunal's decision shall be binding and final on all
Parties. The foregoing description of lawyer's fees shall further include,
without limitation, all such fees and costs of appeal incurred in any such
litigation. Any Party in such litigation may be represented by counsel (whether
or not licensed by any State as an attorney at law) of his/her/its choice to be
designated in the initial pleadings filed in any such litigation.
___.) Entire Agreement. This Agreement
and the Exhibits attached hereto, supersede any and all agreements, either oral
or written, between the Parties hereto with respect to the subject matter
hereof; and, contain all covenants, representations, agreements, warranties and
understandings between the Parties and their agents. Each Party to this
Agreement acknowledges, represents and warrants to the other that no
representations, inducements, promises or agreements, orally or otherwise, have
been made by any Party, or anyone acting on behalf of any Party, which are not
expressly set forth herein; and that no other agreement, statement,
representation, promise or understanding not expressly set forth in this
Agreement shall be valid or binding.
___.) Waiver, Amendment or Modification. No
waiver, amendment or modification of this Agreement or of any covenant,
condition or limitation herein contained shall be valid unless in writing,
sealed and executed by all the Parties hereto. No evidence of any waiver,
amendment or modification shall be afforded or received in evidence in any
proceeding, litigation arising out of or affecting this Agreement, or the rights
or obligations of any Party, unless such waiver or modification is in writing
and duly executed by the Parties hereto.
___.) Provisions Severable; Place of Performance.
Governing Law, Waiver.
If any provision of this Agreement is held to be invalid,
void, or unenforceable by any tribunal described in Sub-Sections (___) and (___)
herein, all the remaining provisions will nevertheless continue in full force
and effect without being impaired or invalidated in any way. The Parties hereto
acknowledge and agree the place of performance of this Agreement shall be at the
Republic of New Lemuria, an ecclesiastical sovereignty established by
Melchizedek at or before the time revealed in Genesis 14:17-24, now reflected
geographically at both Karitane island and Taongi atoll located in the South and
North Pacific respectively, freely associated and congregated as an
ecclesiastical "State" as that term is signified in the "Convention of Rights
and Duties of States" done at Montevido, Uruguay on 12.26.34 [T.S. 881, 165
L.N.T.S. 19, 3 Bevans 145, 49 Stat. 3097, and which Dominion is geographically
and politically distinct from all other nation states, districts or political
subdivision thereof. Nothing contained in this Agreement is intended by the
parties to consent to or participate in the "conduct of any trade or business",
"commerce" or any business within any alleged federal, UNITED STATES',
Federal STATE, any Federal DISTRICT, the DISTRICT OF COLUMBIA, STATE OF NEW
COLUMBIA, DC or EU enclave of jurisdiction, including, but without limitation to
any "State" or "Federal area" described in the Buck Act at 4 U.S.C.S.,
Sections 71, 105, 106, and 110 (d) and (e); 18 U.S.C.S. et seq., 28 U.S.C.S. §§
3002 (14) and (15) and 31 U.S.C.S., et seq., respectively, and in
Jurisdiction Over Federal Areas Within States, Report of Interdepartmental
Committee for the Study of Jurisdiction Over Federal Area Within States",
submitted to the Attorney General and President Eisenhower (Part I, April 1956;
Part II, June 1957)
___.) Governing Divine Law; Procedure; No Third Party
Beneficiary(ies).
A.) Revealed Divine Law. This Agreement shall
be exclusively governed by, construed and enforced only in
accordance with the revealed Divine Law conforming to the following
Seven Noahide Laws of the Melchizedek Covenant
1. You shall not serve any God but the Most High
Creator of heaven and earth.
2. You shall not doubt that faith is the only requirement for
eternal salvation.
3. You shall not bear false witness.
4. You shall not kill.
5. You shall not steal.
6. You shall not commit adultery.
7. You shall not show disrespect for your parents or elders;
together with the Covenant Law between the Most High
God and Adam, Seth, Noah, Melchizedek, Abraham, Moses and Yehoshua found
in The Holy Bible (Peshitta translation of G. Lamsa, 1933) (hereinafter
collectively the "revealed Divine Law") signified by Sir William
Blackstone as follows:
"Considering the creator only as being of infinite power, he
was able unquestionably to have prescribed whatever laws he pleased to
his creature, man, however unjust or severe. But as he is also a being
of infinite wisdom, he has laid down only such laws as were
founded in those relations of justice, that existed in the nature of
things antecedent to any positive precept. These are eternal, immutable
laws of good and evil, to which the creator himself in all his
dispensations conforms; and which he has enabled human reason to
discover, so far as they are necessary for the conduct of human actions.
Such among others are these principles: that we should live honestly,
should hurt nobody, and should render to every one his due; to which the
three general precepts Justinian has reduced the whole doctrine of law.
[Juris praecepta, sunt haec, honeste vivere, alterum non laedere,
suum cique tribuere] . . .
This law of nature, being co-eval with mankind and dictated by God
himself, is of course superior in obligation to any other. It is binding
all over the globe, in all countries, and at all times: no human laws
are of any validity, if contrary to this; and such of them as derive
their force, and all their authority, mediately or immediately, from
this original. . .
The doctrines thus delivered we call the revealed or divine law, and
they are to be found only in the holy scriptures. These precepts, when
revealed, are found upon comparison to be really a part of the original
law of nature, as they tend in all their consequences to man’s felicity.
But we are not from then to conclude that the knowledge of these truths
was attainable by man’s reason, in its present corrupted state; since we
find that, until they were revealed, they were hid from the wisdom of
the ages. As then the moral precepts of this law are indeed of the same
original with those of the law of nature, so their intrinsic obligation
is of equal strength and perpetuity. Yet undoubtedly the revealed law is
(humanly speaking) of infinitely more authority than what we generally
call the natural law. Because one is the law of nature, expressly
declared so to be by God himself; the other is only what, by the
assistance of human reason, we imagine to be that law. If we would be
certain of the latter as we are of the former, both would have equal
authority; but, till then, they can never be put in competition
together.
Upon these two foundations, the law of nature and the law of
revelation, depend all human law; that is to say, no human laws should
be suffered to contradict these. There is, it is true, a great number of
indifferent points, in which both the divine law and the natural law
leave man at his own liberty; but which are found necessary for the
benefit of society to be restrained within certain limits. And herein it
is that human laws have their greatest force and efficacy; for, with
regard to such points as are not indifferent, human laws are only
declaratory of, and act in subordination to the former. To instance in
the case of murder: this is expressly forbidden by the divine, and
demonstrably by natural law; and from these prohibitions arises the true
unlawfulness of this crime. Those human laws, that annex a punishment to
it, do not increase it’s moral guilt, or superadd any fresh obligation
in foro conscientiae to abstain it’s perpetration. Nay, if any
human law should allow or injoin us to commit it, we are bound to
transgress that human law, or else we must offend both the natural and
the divine. But with regard to matters that are themselves indifferent,
and are not commanded or forbidden by those superior laws; such for
instance, as exporting wool into foreign counties; here the inferior
legislature has scope and opportunity to interpose, and make that action
unlawful which before was not so." 1 Blackstone’s Commentaries 40-42.
B.) Procedure. All procedural rules of the
Permanent Court of Arbitration (Peace Palace the Hague), or Republic of New Lemuria Permanent Court of Arbitration, or the Hebrew Beit Din, as
chosen by the Party who first files a "Notice of Intent to Arbitrate",
which rules are not inconsistent with the foregoing revealed Divine Law
shall be exclusively applied to any litigation concerning this
Agreement. All provisions, terms and sections of any national, federal,
regional, district, county, canton, city or municipal "secular" law,
rule, regulation or code are hereby declared to be expressly excluded
for all purposes and for all times from this Agreement including by way
of enumeration and not limitation the execution, interpretation,
construction, enforcement, governance and all other applications to this
Agreement.
C.) No Third Party Beneficiaries. The Parties
hereto covenant and agree to and with one another that there are no
intended or incidental third Party beneficiaries to this Agreement, or
to any Exhibit to this Agreement.
D.) Waiver. This Agreement to arbitrate
constitutes an acknowledgment of a waiver of sovereign immunity by the
Republic of New Lemuria in each case where another state is involved,
provided that such other State has also first agreed to waiver sovereign
immunity to which it might otherwise be entitled with respect to the
enforcement of an arbitral award constituted pursuant to this
Agreement."
[End of Model Paragraph]
(2) The instrument creating a trust may be written in a language
other than English, provided that a version in the English Language
certified by the original trustee to be a true translation is appended
to the instrument.
Provisions of variant types of trust.
62. A trust of a type described under sub-section (1) of section 61
may provide that the trustee shall hold the trust hereditaments:
(a) or a period not exceeding one hundred and twenty years,
to pay or apply the increase and capital thereof for the
maintenance, education, advancement or benefit of the family of
the settlor, and/or for the purpose of performing acts or
services in honour of the settlor or the ancestors of the
settlor, and
(b) thereafter for the advancement of the settlor's religion,
or for such other charitable purpose as the settlor may specify
or, if the settlor has not specified a charitable purpose, for
such charitable purpose as the trustee shall determine.
PART 10
OPTIONAL REGISTRATION OF TRUST AND
EXEMPT TRUST
Facility to register trusts.
63. (1) The registrar of the Court (in this section called "the
Registrar") shall maintain a register of trusts (in this section called
"the Register").
(2) The settlor or a trustee of a trust may apply but (subject to the
terms of the trust) shall not be obliged to apply to the Registrar to
enter the trust on the Register.
(3) An application for entry on the Register shall be accompanied by:
(a) a certified copy of the instrument creating the trust (if any);
and
(b) a one-time fee of one troy ounce gold [preferably
Canadian Mapleleaf], for each Trust other that a trust organized
for any charitable purpose described in Part 2, Section 14. At
no time shall a such a trust organized for any charitable or
religious purposes described in Part 2, Section 14 be charged or
assessed a registration or other fee at any time.
(4) The Registrar shall, on receipt of an application for
registration, a certified copy of the instrument creating the trust (if
any) and the required fee:
(a) enter on the Register the name of the trust (if any), the
name of the settlor and the name of the beneficiary or the
purpose for which the trust is established; and
(b) issue to the trustee a certificate of registration.
(5) Where the terms of a trust which has been registered are varied,
the trustee shall send to the Registrar a notification of such variation
together with a fee of one troy ounce Gold [preferably Canadian
Mapleleaf] and the Registrar shall amend the entry of the Register
accordingly and issue an amended certificate of registration.
(6) Where a trust which has been registered terminates, the trustee
shall notify the Registrar and return the certificate of registration
and the Registrar shall then cancel the entry on the Register and the
certificate of registration.
(7) The Register shall not be open for inspection except that the
trustee of a trust may in writing authorize a person to inspect the
entry of that trust on the Register.
(8) The Attorney-General may increase the fees payable under this
section by Order published in the Gazette.
(9) Any Order made under the preceding sub-section shall, as soon as
may be after the making thereof, be placed before the National Assembly
and shall be subject to negative resolutions.
Exemption from taxes and duties.
64. (1 ) For the purpose of this Act all trusts shall be exempt
trusts, and no increase, estate, inheritance, succession or gift tax
duty shall be payable with respect to the trust hereditaments for any
reason whatsoever.
PART 11
SUPPLEMENTAL
Application of this Act.
66. (1) This Act shall apply only to trusts created on or after the
Commencement Date.
(2) For the purposes of this Act a trust shall be regarded as created
at the time at which hereditaments is first received by or vested in the
trustee to be held by him in accordance with the terms of the trust.
(3) Section 1 to 4, 7, 52, 56 and parts 8, 10 and 11 of this Act hall
apply to all trusts; the other sections of this Act shall apply only to
trusts the proper law of which is the law of the Republic of New Lemuria.
(4) Nothing in this Act shall be constructed as affecting the
validity of any done or omission occurring prior to the commencement
date.
Consequential amendments.
67. (1 ) The Law of Hereditaments Act to be passed by the Republic of New Lemuria in 1998 shall not apply to a trust created on or after the
commencement date.
(2) Omitted.
(3) The law common concerning limitations of actions and laches under
the law of the Republic of New Lemuria with respect to trusts signifies
that no period of limitation or prescription applies to an action
brought against a trustee:
(a) in respect of any fraud to which the trustee was a party or privy, or
(b) to recover from the trustee trust hereditaments or the
proceeds thereof (<) held by or vested in him or otherwise in
his possession or under his control; or (ii) previously received
by him and converted to his use.
(2) Subject to sub-section (1), the period within which an action
founded on breach of trust may be brought against a trustee is:
(a) three years from delivery of the final accounts of the trust; or
(b) three years from the date on which the plaintiff first
has knowledge of breach of trust whichever period first begins
to run.
(3) Where the plaintiff a minor or a person under legal
disability, the period referred to in sub-section (2) does not
begin to run until his minority or disability, as the case may
be, ceases.
Interpretation.
68. (1) Subject to the signification of the words in the Glossary and
the revealed Divine law, attached hereto and incorporated herein by
reference as if fully set forth, in this Act, unless the context
otherwise requires:
"beneficiary" signifies only a human being citizen of the Republic of New Lemuria, office of a corporation sole registered in the Republic of New Lemuria, corporation aggregate registered in the Republic of New Lemuria, partnership registered in the Republic of New Lemuria, or
trust entitled to benefit under a trust registered in the Republic of New Lemuria, or in whose favour a power to distribute trust
hereditaments may be exercised;
"breach of trust" signifies a breach of any duty imposed on a trustee
by this Act or by the terms of the trust;
"corporate trustee" signifies a trustee which is a corporation
aggregate registered in the Republic of New Lemuria or office of a
corporation sole registered in the Republic of New Lemuria;
"corporation aggregate" means a body corporate registered in the
Republic of New Lemuria;
"corporation sole" signifies an office of a corporation sole within
the meaning of the Corporation Sole Act of 1991 registered in the
Republic of New Lemuria;
"Court" signifies a Republic of New Lemuria Court;
''family'' in relation to a human being citizen of the Republic of New Lemuria signifies his father and mother, his spouse, the father and
mother of his spouse, his brothers and sisters and the brothers and
sisters of his spouse, his children and remoter issue and the spouses of
such children and issue;
"functions" signifies rights, powers, discretions, obligations, liabilities,
and duties;
"the Gazette" signifies the Republic of New Lemuria Government
Gazette and includes any supplement thereto;
"he, "him" and "his", in relation to a corporation aggregate and
partnership registered in the Republic of New Lemuria, include the third
person attribution of "it" and "its";
"income", because no unequivocal or consistent definition of this
term has ever been conceived or written in the English language [whether
common or civil law jurisdiction], the term is expressly excluded from
any effect within this Act and has no legal or lawful effect on its
provisions. In place of "income" the term "increase" has been inserted
giving the full perspective of the Word of the Most High God to all
abundance, bounty and providence which He gives freely to His sons and
daughters in Covenant with Him. [See "increase"
"increase", those hereditaments which come into possession [free of
the limitation of "ownership" signifying Biblically the practice of
"baalism" (see Strong's Concordance references to the term
"owner") of the trust, the trustee, settlor, protector or beneficiary,
the source of which is the bounty, providence and abundance of the Most
High God, and not of man or any collection of men.
"insolvency" includes the making of an administration of a receiver
and the bankruptcy a human being citizen of the Republic of New Lemuria,
office of a corporation sole registered in the Republic of New Lemuria,
corporation aggregate registered in the Republic of New Lemuria,
partnership registered in the Republic of New Lemuria, or trust entitled
to benefit under a trust registered in the Republic of New Lemuria;
"insurance" includes assurance;
"interest", in relation to a beneficiary, means his interest under a
trust registered in the Republic of New Lemuria;
"minor" means a human being citizen of the Republic of New Lemuria
who has not attained full age under the law of his domicile;
"personal representative" means the executor or administrator of the
estate of a deceased person;
"hereditaments" signifies only hereditaments of a human being citizen
of the Republic of New Lemuria including without limitation:
(a) hereditaments of any description, wherever situated,
including any share therein,
(b) in relation to rights and interests, includes rights and
interests whether vested, contingent, defeasible or future;
"provisions of this Act" signifies the law of the Republic of New Lemuria and the terms of this Act;
"settlor" means any human being citizen of the Republic of New Lemuria in Covenant relationship with the Most High God who provides
trust hereditaments or makes a testamentary disposition on trust or to a
trust recognizing the Most High God as the Creator of all physical,
non-physical, tangible, intangible, corporeal and incorporeal
hereditaments in their stewardship possession;
"terms of a trust" means the written or oral terms of a trust, and
any other terms applicable under the revealed Divine law;
"trust" includes:
(a) the trust hereditaments; and
(b) the functions, interests and relationships under a trust;
"trustee" means any human being citizen of the Republic of New Lemuria in Covenant relationship with the Most High God who is
appointed hereunder with functions over trust hereditaments recognizing
the Most High God as the Creator of all physical, non-physical,
tangible, intangible, corporeal and incorporeal hereditaments in their
stewardship possession;
"trust hereditaments" means hereditaments held on trust;
"unit trust" means a foreign trust established for the purpose, or
having the effect, providing, for persons having funds available for
investment, facilities for the participation by them as beneficiaries
under the trust in any profits or increase arising from the acquisition,
holding, management or disposal of hereditaments. No unit trust may be
created in the Republic of New Lemuria.
(2) For the purposes of this Act, a corporation sole and a
corporation aggregate is citizen in the place in which a registered
office is located.
(3) Any reference in this Act to an enactment is, unless the context
otherwise requires, a reference to that enactment as amend, extended,
re-enacted or applied by or under any other enactment, including this
Act.
Regulations.
69. The Attorney General in conjunction with the Governor of the Bar
Association may make regulations for the better carrying out of the
provisions of this Act and for prescribing anything that needs to be
prescribed.
Commencement.
70. This Act shall come into operation effective the last day of 1997.
Effect.
71. (1) For the purposes of this Act, a trust shall be regarded as
created at the time at which hereditaments is first received by or
vested in the trustee to be held by him in accordance with the terms of
a trust, without regard to when or whether or not the trust is
registered in the Republic of New Lemuria.
SCHEDULES
SCHEDULE 1
Section 32
Authorized trustee investments
1. The following shall be regarded as authorized trustee investments:
All investments of any type whatsoever whereby the Trustee is led by
the Holy Spirit and the Word of God to deliver hereditaments of the
trust to a third party. Without limiting the foregoing, the term
investment signifies the delivery of resources by the trustee led by the
Holy Spirit and the Word of God in the form of alms, outright gifts,
contracts concerning the exchange of one resource for another resource
with the following understanding: "fruits of labor" as resources are
only a gift from the Most High God, and not from man or any collection
of men, for it is written:
"This is what I, the Preacher, have seen it is good
and comely for one to eat and drink and to enjoy all his labor for which
he toils under the sun all the days of his life, which the LORD has
given him; for this is his portion. To every man also the LORD has given
riches and wealth, and has given power to eat thereof and to take his
portion and to rejoice in his labor; for this is his gift of God."
Ecclesiastes 518-19
"Do nor err, my beloved brethren. Every good and
perfect gift is from above, and comes down from the Father of lights,
with whom there is no variableness or shadow of change. It is he who
begot us of his own will with the word of truth, that we should be the
first fruits of his creatures." James 2:6-18.
All abundance which the Trust, Trustee, or Beneficiary may
experience during the term any Trust is a gift of increase from the Most High
God and not from man or any collection of men. The Most High God is the author
("Settlor") of this Creation. For example a seed dropped into the ground springs
into activity, and in the act of living produces a hundred more seeds. This is
the nature of the hundred fold increase referred to in the Holy Bible in
numerous places:
12 Isaac sowed seed in that land, and in the same year reaped a hundredfold.
The Lord blessed him, 13 and the man became rich; he prospered more
and more until he became very wealthy. 14 He had possessions of
flocks and herds, and a great household, so that the Philistines envied him.
15 (Now the Philistines had stopped up and filled with earth all the
wells that his father’s servants had dug in the days of his father Abraham.)
16 And Abimelech said to Isaac, "Go away from us; you have become too
powerful for us." Genesis 26:12.
Other seeds fell on good soil and brought forth grain, some a
hundredfold, some sixty, some thirty. 9 Let anyone with ears
listen!" Matthew 13:8.
22 As for what was sown among thorns, this is the one who hears the word, but
the cares of the world and the lure of wealth choke the word, and it yields
nothing. 23 But as for what was sown on good soil, this is the one
who hears the word and understands it, who indeed bears fruit and yields, in one
case a hundredfold, in another sixty, and in another thirty." Matthew 13:22-23.
27 Then Peter said in reply, "Look, we have left everything and followed you.
What then will we have?" 28 Jesus said to them, "Truly I tell you, at
the renewal of all things, when the Son of Man is seated on the throne of his
glory, you who have followed me will also sit on twelve thrones, judging the
twelve tribes of Israel. 29 And everyone who has left houses or
brothers or sisters or father or mother or children or fields, for my name’s
sake, will receive a hundredfold, and will
inherit eternal life. 30 But many who are first will be last, and the
last will be first. Matthew 19:27-30.
Such seeds are a metaphor for increase, being part of an
on-going Creation as a result of the living of faith. Such increase not come
from man's authorship as the Source of abundance, although it may be delivered
through men. Life, merely by living, multiplies itself. With respect to
investments per se, the traditional definition of the secular world is deficient
in that it generally fails to recognize the wisdom of harmonizing with the flow
of abundance in the Kingdom of God where all efforts are directed at creation of
new resources, instead of the false doctrine of proposed competition for what is
already created. All effects of this Creation are a gift from God, not man. This
truth is the Biblical concept of "increase" in the fruits of one's labor in
service of God, in distinction to artificially created man made "devices" known
as "profit and interest" defined by Webster's as money paid for the use of
money. As it is written at Deuteronomy 8:17-18: "Beware lest you say in your
heart, 'My power and the might of my hand have gotten me this wealth.' You shall
remember the LORD your God, for it is He who gives you the power to get wealth;
that He may confirm His Covenant which He swore to your fathers, as at this
day." In fact this is the very meaning of Abraham lifting up his hand to the
Most High God, refusing any form of wealth from the hands of men:
"After his return from the defeat of Chedorlaomer and the kings who were with
him, the king of Sodom went out to meet him at the Valley of Shaveh (that is,
the King’s Valley). And King Melchizedek of Salem brought out bread and wine; he
was priest of God Most High.
He blessed him and said,
"Blessed be Abram by God Most High,
†
maker of heaven and earth;
and blessed be God Most High, †
who has delivered your enemies into your hand!"
And Abram gave him one tenth of everything. Then the king of Sodom said to
Abram, "Give me the persons, but take the goods for yourself." But Abram said to
the king of Sodom, "I have sworn to the Lord, God Most High,
maker of heaven and earth, 23 that I would not take a thread
or a sandal-thong or anything that is yours, so that you might not say, ‘I have
made Abram rich. I will take nothing but what the young men have eaten, and the
share of the men who went with me—Aner, Eshcol, and Mamre. Let them take their
share." Genesis 14:17-24.
The resources delivered by the Most High God in the form of
increase to the Trust, the Trustee and the Beneficiary shall at all times be
reflected in a just weight and measure by way of single entry accounting. For
purposes of this Act the terms "just weight and measure" signifies:
Just Weights and Measures.
"You shall not have in your bag different weights, a
large and a small. You shall not have in your house different measures,
a large and a small. But you shall have a perfect and just weight; a
perfect and just measure shall you have, that your days may be prolonged
in the land which the LORD your God gives you." Deuteronomy 25:13-15
"False scales are an abomination to the LORD; but
just weights are his delight." Proverbs 11:1.
"A weight of a just balance is the LORD's judgment;
all his works are just weights." Proverbs 16:11.
"Diverse weights and diverse measure, both alike are
an abomination in the presence of the LORD. Even a child is known by his
doings, whether his works are pure and whether they are right. . . .
Take the garment of him who is a surety for a stranger; and take his
pledge for the sake of the stranger. He who becomes surety for a man by
means of deceitful gain will afterwards have his mouth filled with
gravel. A good purpose is established by counsel; but by provocation war
is made. . .Diverse weights are an abomination in the presence of the
LORD; and false scales are not good. Proverbs 20:10, 11, 16-18, 23.
Every Laborer is Worthy of His Hire.
"Then God said, Let us make man in our image, after
our likeness; and let them have dominion over the fish of the sea, and
over the fowl of the air, and over the cattle, and over all wild beasts
of the earth, and over every creeping thing that creeps upon the earth."
Genesis 1:26.
"And if you sell to your neighbor of buy from your
neighbor, you shall not defraud one another. . .You shall not defraud
one another; but you shall fear your God; for I am the LORD your God.
Wherefore you shall do my commandments and keep my judgments and
do them; and you shall dwell in the land in safety. And the land shall
yield its fruit, and you shall eat your fill and dwell therein in
safety." Leviticus 25:14, 17-19.
"But he shall dwell with you in the place where he
shall choose in one of your towns, where it pleases him best; you
shall not oppress him." Deuteronomy 23:16.
"If a man shall steal an ox or a ewe, and kill it, or
sell it; he shall restore five oxen for an ox and four oxen for a ewe. .
.For all manner of trespass whether it be for an ox or an ass for lamb
for clothing or for any manner of lost thing which another man claims to
be his, the case of both parties shall come before the judges and
whomever the judges shall convict, he shall make a two-fold restitution
to his neighbor." Exodus 22:1, 9.
"Hear the word of the LORD, O king of Judah, who sits
on the throne of David, you and your servants and people who enter by
these gates; thus says the LORD Execute justice and righteousness, and
deliver the oppressed from the hand of the oppressor; and do no wrong,
do no violence to strangers, the fatherless, and the widows, nor shed
innocent blood in this place. . . But if you will not listen to these
words, I swear by myself, says the LORD, that this house shall become a
desolation. . . Woe to him who builds his house by unrighteousness and
his upper rooms by injustice; who makes his neighbor work for him
without wages, and does not give him for his hire." Jeremiah 22:2-5, 13.
"Will two men go on a journey together unless they
have made an appointment?" Amos 3:3.
"24. No man can serve two masters; for either he will
hate the one and like the other; or he will honor one and despise the
other. You cannot serve God and mammon (wealth)." Matthew 6:24.
SCHEDULE 2
Section 33
Implied Powers of Trustees
Trust for sale and
investment
1. (1) The trustee shall hold real or immovable hereditaments
included in the trust for sale with power to postpone the sale of the
whole or any part of it for such period as he thinks fit and shall hold
all other investments included in the trust hereditaments on trust
either (at his discretion) to retain them for such period as he thinks
fit or to sell or other vise dispose of the whole or any part of them.
(2) The trustee shall hold all money received or held by him as
capital money (including the net proceeds of such sale) on trust to
invest it in any manner authorized by the terms of the trust as he
thinks fit.
(3) The trustee may change investments included in the trust
hereditaments into others authorized by the terms of the trust.
Powers respecting trustee
investments
2. (1) Where in the event that any land, building or chattel were
producing increase, the whole of such increase would or might be payable
to any person under the terms of the trust, the trustee may permit such
person together with the members of his household to reside in and
occupy such land or building or to enjoy the use or benefit of such
chattels either gratuitously or on such terms as the trustee shall think
fit.
(2) The trustee shall have power to purchase any land, building or
chattel or any interest therein for the use or occupation of any one or
more persons (such use or occupation to be only in accordance with the
preceding sub- paragraph of this paragraph) or partly for such use and
partly as an investment
(3) The trustee shall have power to employ any capital of the trust
hereditaments or to take such other steps as may from time to time be
requisite to insure, protect maintain or preserve or to improve the
value of or to guard against any loss of value of the trust
hereditaments or the increase thereof.
Corporations
3. (1) The trustee may promote or incorporate any corporation to
carry on any trade or hold any investments.
(2) Where all or any part of the capital of a corporation is included
in the trust hereditaments the resources of such corporation shall not
be impressed with any of the trusts but the trustee may nevertheless
cause or procure such corporation to do any act or thing as regards the
resources of the corporation as he is empowered to do as regards the
trust hereditaments.
Appropriation
4. The trustee shall have power to appropriate any investments or
hereditaments from time to time forming part of the trust hereditaments
in its actual state of investment in or towards the satisfaction of the
beneficial interest of any person interested in the trust hereditaments
upon making such valuation if any as the trustee may think fit and
without the necessity of obtaining the consent of any person.
Holding and custody of investments
5. Investments included in the trust hereditaments may be held by or
in the name of or under the control of any person (whether or not a
trustee) as nominee or bailee for the trustee and in that case the
trustee shall not be responsible for any default of such nominee or
bailee of good standing appointed in good faith.
Land
6. Where the trust hereditaments includes any land (in the paragraph called
"the Land")
(a) the trustee may sell, exchange (whether or not with
payment of equality money), lease, grant any license over
(whether exclusive or not) and otherwise dispose of the Land or
any interest therein, but the Trustee may not mortgage or
hypothecate any Land forming any of the hereditaments of the
Trust;
(b) the trustee may spend capital money on erecting buildings
on the Land or on demolishing and rebuilding or on altering or
improving buildings on it or otherwise on improving the Land as
he thinks fit (and any certificate of any architect or surveyor
employed by the trustee or of any trustee who is qualified as an
architect or surveyor that the work specified in such
certificate consists only of alteration or improvement shall be
conclusive as between the trustee and all persons interested
under the trust that any capital money spent on such work was
properly spent by the trustee in exercise of the powers
conferred by this subparagraph);
(c) the trustee may observe and perform all obligations
imposed on or incurred by him as lawful possessor, lessor or
lessee of the Land
(d) the trustee may employ any of the capital of the trust
hereditaments in repairing, developing, enlarging, equipping,
furnishing, insuring and maintaining the Land and buildings and
fixtures on it.
Chattels
7. Where the trust hereditaments includes any chattel the trustee may
employ any of the capital of the trust hereditaments in repairing or
insuring such chattel and may store, lend or hire it on such terms as he
thinks fit.
Borrowing
8. (1) The trustee may not borrow, mortgage or charge all or any of
the resources of the trust upon any form of interest, for the Most High
God clearly commands that we refrain from borrowing of all types upon
interest. Without limiting the foregoing, without hypothecation,
pledging, mortgaging by mortgage or deed of trust, borrowing founded
upon a heter iska only is permitted conduct by a trustee in carefully
proscribed areas. Copies of DRAFT A heter iska is set out in the
attached Appendix of forms immediately following.
Insurance
9. Insurance being a suretyship relationship which the Most High God
commands that we not participate in, no Trustee shall enter into any
form of insurance or suretyship relationship or contract on behalf of
the Trust or in his or her relationship with the Trust as a Trustee,
without limiting the foregoing, no Trustee shall ever seek any form of
limited liability or indemnification concerning his or her conduct as
Trustee, whether on account of his or her intentional or negligent acts
as Trustee.
10. Omitted.
Release of powers
11. The trustee may in his absolute discretion at any time and from
time to time by instrument in writing release or restrict the future
exercise of any powers conferred on him by the terms of the trust or by
the general law either wholly or to the extent specified in any such
instrument.
Trustees Appointed as Directors
12. Any trustee who shall be or become a director or the holder of
any other office or employment in any company any of whose shares shall
form part of the trust hereditaments shall be entitled to retain for his
own use and benefit any reasonable fees or remuneration received by him
in connection with such office or employment notwithstanding that his
appointment to or retention of such office or employment may be directly
or indirectly due to the exercise or non-exercise of any votes in
respect of any of the shares forming part of the trust hereditaments.
Associated Parties
13. If the trustee places or causes to be placed any banking,
brokering or other business with an associated or other person so that
(but for this paragraph) he would be liable to account in any manner to
the trust hereditaments he shall ensure that such business is done on
such terms as that person would make with an unassociated customer or
client and if he does so he shall not be required to account for any
receipt from or profit of such person from such business.
Sundry Powers
14. (1) The powers of the trustee shall extend to any and every act
or omission of the trustee which is necessary or desirable for the due
execution of the trust and the protection and realization and the due
administration of the investments in the trust hereditaments and the
cost of and incidental to every act of the trustee shall be met out of
increase or capital of the trust hereditaments or partly out of each (as
the trustee thinks fit).
(2) In addition to all the powers vested in the trustee by the terms
of the trust, the trustee shall have and may exercise from time to time
the following powers:
(a) to compromise and settle for such considerations and upon
such terms and conditions as the trustee may consider advisable
all matters arising in relation to the trust not inconsistent
with the revealed Divine law;
(b) to pay out of the increase or capital of the trust
hereditaments all the costs of
and incidental to the preparation and execution of the trust
instrument;
(c) to receive any hereditaments from any person as an
addition to the trust hereditaments either by gift inter vivos
or by will or under the provisions of any other trust or
otherwise.
Revocable appointments.
15. Any revocable appointment, decision or resolution of the trustee
may be treated by him for any purpose as irrevocable unless and until it
is revoked.
Glossary of Trust Act of 1997
Nothing contained in the signification of words and phrases
presented below is intended to limit, alter, abrogate or annul the revealed
Divine Law and the Word of God contained in the Holy Bible, nor the Customs,
Usage, Precepts, Maxims of Law of the Republic of New Lemuria established by
private By-Laws, Charter and otherwise. These significations are provided for
clarification and ease for clarification purposes only in reading and
understanding the Trust Act of 1997. The following words and phrases signify
Action - Distinguished from civil actions defined in
the United States' Federal Rules of Civil Procedure (Rule 2) and "special
proceedings" defined in the United States' Federal Rules of Civil Procedure
(Rule 71A), the term "action" signifies at law actions under the Revealed Divine
Law, as will lie on particular facts, at Biblical common law, without the aid of
statute and are called ex contractu when they arise out of contract, and
ex delicto when they arise out of tort. Both ex contractu and
ex delicto actions are real actions at Biblical common law, brought for
specific recovery of lands, tenements, or hereditaments. They are droitural when
they are based upon the right of real hereditaments, and possessory when they
are based on the right of possession. They are either writs of right, writs of
entry upon disseisin (which lie in the per, the per et cui, or the post),
intrusion or alienation; writs of ancestral possessory, as mort d'ancestor,
aiel, besaiel, cossinage or nuper obiit. The former class is divided into
droitural upon the demandant's claim in respect of a mere right descended to him
or her from an ancestor. Possessory actions are divided the same way, as to the
demandant's own seisin and as that to his or her ancestor. Among sentient human
being citizens of the Republic of New Lemuria, real actions are also called
vindications in which a Citizen of the Republic of New Lemuria demands something
that is his or her own.
Adjective - The aggregate of rules or procedure of
practice in Republic of New Lemuria Permanent courts of Arbitration acknowledged
in the Revealed Divine Law adopted in the Republic of New Lemuria.
Agnati - In Roman taw. The term included "all the
cognates who traced their connection exclusively through males. A table of
cognates is formed by taking each lineal ancestor in turn and including all his
descendants of both sexes in the tabular view. If then, in tracing the various
branches of such a genealogical table or tree, we stop whenever we come to the
name of a female, and pursue that particular branch or ramification no further,
all who remain after the descendants of women have been excluded are agnates,
and their connection together is agnatic relationship." Maine, Anc- Law, 144;
All persons are agnatically connected together who are under the same patria
potestas, or who have been under it, or who might have been under it if their
lineal ancestor had lived long enough to exercise his empire. Maine, Anc. Law,
144. The agnate family consisted of all persons, living at the same time, who
would have been subjectto the patria potestas of a common ancestor, if his life
had been continued to their time. Hadl. Roman Law. 131. Between agnati and
cognati are included, but not e' converso: For instance, a father's brother,
that is, a paternal uncle, is both agnatus and cognatus, but a mother's brother,
that is, a maternal uncle, is a cognatus but not agnatus. (Dig, 38,7,5,pr.)
Burrill.
Agnation - Relation by the father's side only, or
descent in the male line, distinct from cognition, which includes descent from
the male and female lines. Websters Dictionary, 1828
Agnomen - An additional name or title; a nickname. A
name or title which a man gets by some action or peculiarity. The last of the
four names sometimes given a Roman. Thus, Scipio Africanus, (the African,) from
his African victories, Ainsworth, Calvin. Black's Law Dict., 1st ed. 1891.
Allodial - The highest form of possession and
stewardship of Land as an inheritance [hereditement] from the Most High God
which is free and not holden of any lord or superior. It is possessed without
obligation or vassalage or fealty and signifies the opposite of feudal. The land
in the Kingdom of Heaven has been established as an everlasting inheritance from
the Most High God to through Noah [See Genesis chapters 8 and 9] and through
Abraham, for You Abba speak and we hear:
And I will establish my covenant between me
and you and your descendants after you throughout their
generations for and everlasting covenant, and I will be God to
you and to your descendants after you. And I will give to you
and your descendants after you, the land in which you sojourn,
all the land of Canaan, for an everlasting inheritance; and I
will be their God. Genesis 17:7-8.
Surely the land shall not be sold outright;
for the land is mine; you are strangers and sojourners with me.
Leviticus 25:23.
Almoner - An officer whose duty is to distribute
charity or alms. By the ancient canons, every monastery was to dispose of a
tenth of its increase in alms to the poor, and all bishops were obliged to keep
an almoner. This title is sometimes given to the chaplain; as, the almoner of a
ship or regiment. The Lord Almoner, or Lord High Almoner, in
England was an ecclesiastical officer, generally a bishop, who has the
forfeiture of all deodands, and the goods of self-murders, which he is to
distribute to the poor. See, Noah Webster's First Edition of an American
Dictionary of the English Language 4-5 (1st ed., 1828).
Almonry - The place where the almoner resides, or
where the alms are distributed. See, Noah Webster's First Edition of an
American Dictionary of the English Language 5 (1st ed., 1828).
Alms - Any thing received of given anonymously for
eleemosynary purposes such as to relieve harship, help the the poor and infirm,
help widows and children, provided from God's gifts as money, food, or clothing.
Alms denote private and not public charity for You Abba speak and we hear:
1 Take heed that ye do not your alms before men, to be
seen of them: otherwise ye have no reward of your Father which is in heaven.
2 Therefore when thou doest thine alms, do not
sound a trumpet before thee, as the hypocrites do in the synagogues and in the
streets, that they may have glory of men. Verily I say unto you, They have their
reward. 3 But when thou doest alms, let not thy left hand
know what thy right hand doeth: 4 That thine alms may be
in secret: and thy Father which seeth in secret himself shall reward thee
openly.
5 And when thou prayest, thou shalt not be as the
hypocrites are: for they love to pray standing in the synagogues and in
the corners of the streets, that they may be seen of men. Verily I say unto you,
They have their reward. Matthew 6:1-5 (KJV)
A lame man was laid daily to ask an alms. Acts iii.
Cornelius gave much alms to the people. Acts x.
Tenure by free alms, or frank-almoign, in
England, is that by which the possessor is bound to pray for the soul of the
donor, whether dead or alive; a tenure by which most of the ancient monasteries
and religious houses in England held their lands, as do the parochial clergy,
and many ecclesiastical and eleemosynary establishments at this day. Land thus
held was free from all rent or other service. Blackstone. See, Noah
Webster's First Edition of an American Dictionary of the English Language
5 (1st ed., 1828).
Almshouse - A house for the publicly or privately
supported paupers of a city or county; may also be termed a "mission". In
England an almshouse is not synonymous with a workhouse or poorhouse, being
supported by private endowment. See, Black's Law Dictionary 77 (6th ed.,
1990).
"Apostle Literally, "one who is sent." Apostle is used
for the title of the Twelve Disciples who formed the foundation of the New
Testament Church, replacing, symbolically the twelve tribes of Israel. In order
to maintain the symbolism, Matthias was electred to replace Judas (Acts
1:15-26). The word is also used of the Seventy (or 72) sent by Christ, as well
asof Paul, the repentant prosecutor whom the risen Jesus sent as 'apostle to the
Gentiles' (Rom. 11:13). Great missionaries of the Church, such as Mary Magdalene
(the 'apostle to apostles'), thekla, Nira, Vladimir and Innocent of Alaska. "
Ancient Honors and Protections - The privileges and
immunities of Republic of New Lemuria citizen acknowledged in Letters Patent,
Diplomas, Coat of Arms and other matters included within the description of
heraldry under the Revealed Divine Law.
Assembly - The congregation of sentient human being
member Friends at will in exercise of their Inalienable Rights of Life, Natural
Liberty and the pursuit of Happiness.
Assigns - A sentient human being member Friend in whom
the Revealed Divine Law vests Inalienable Rights. [An example of this is the
Inalienable Right to take Land by Right of Hereditament or Right of Contract
under Letters Patent, a Land Patent or a King's Grant as an heir or assign
forever.]
Association - An assembly in community of sentient
human beings in the Republic of New Lemuria.
Assistance of Counsell - A sentient human being's
exercise of his or her Inalienable Right of Self-Defence in an action (whether
civil or criminal) to freely chose the Freemen and Freewomen who will assist
them at any time during the pendency of such action. During the pendency of any
action, notice of the exercise of this Right is given by Notice of Designation
of a Lawyer-in-Fact. [See Counsell, infra.]
Authority to Enseal - The Regent or Almoner’s hereto
acknowledge and represent, for themselves, that each has the requisite authority
to seal this Agreement on their own behalf .
Biblical Law of Biblical Common Law - Signifies, for
purposes of this Agreement, the Divine Law of the Most High God governed by,
construed and enforced in accordance with ecclesiastical law of the Attiyq Yowm,
congregational principles concerning chapels and churches all in accordance with
the revealed Divine Law and the following Seven Noahide Laws of the Melchizedek
Covenant:
1. You shall not serve any God but the Most High God of
heaven and earth.,
2. You shall not doubt that faith is the only requirement for
eternal salvation.
3. You shall not bear false witness.
4. You shall not kill.
5. You shall not steal.
6. You shall not commit adultery.
7. You shall not show disrespect for your parents or elders;
together with the Covenant between the Most High God and
Adam, Noah, Melchizedek, Abraham, Moses and Jesus, the Christ found in The Holy
Bible Peshitta translation of G. Lamsa, 1933) (hereinafter collectively the '
revealed Divine Law'. in this Agreement, some of which is set out in length in
this Glossary.
The Biblical common law has been derived from two basic
sources, the Biblical common law of Hebrews established by Joseph of Arimathea
[circa 63 Anno Domini] in Glastonbury, England, by establishment of Ealde Culdee
Kirke, thereafter taught by St. Patrick, St. Columcille and others throughout
Ireland, Iona, Scotland and England, and, to a more limited extent, the practice
and decision of courts, applying the Divine Law of the Most High God to the
dispute. None of the foregoing description, or that hereinafter set out is in
any sense intended to violate the fact that the Most High God gave his Sons and
Daughters, each made in his image, dominion over "words" which describe things,
but nver did the Most High God ever grant any man or woman dominion over any
other man or woman, for You Abba speak and we hear:
Then God said, Let us make man in our image,
after our likeness; and let them have dominion ovr the fish of
the sea, and over the fowl ofthe air, and over the cattle, and
over all wild beasts of the earth, and over every creeping thing
that creeps on the earth." Genesis 1:26.
In some states, the English Biblical common law has been
adopted by statute, but without effect to The House For God’s Children, and each
Regent and Almoner hereto. There is no general rule to ascertain what part of
the English Biblical common law is applicable to a particular set of
circumstances, it being the intention of The House For God’s Children and each
Regent and Almoner hereto to acknowledge among one another complete and
unfettered access to all Customs, Usages, Precepts, Maxims of Law and doctrines
of law (written and unwritten) for all purposes to support their position in any
case in which they might be involved. To run the line of distinction, is a
subject of embarrassment to courts, and the want of it a great perplexity to the
student. Kirb. Rep. Pref. It may, however, be observed generally, that it is
applicable where: it is accepted by consent before application and is founded in
reason and consonant to the genius, customs, creation and manners of those
involved in a particular dispute.
Cases - Upon the filing of an action in Republic of New Lemuria Courts, lawful service of process being made thereon and returned,
the parties and issues being properly joined, and facts and issues being
traversed (whether by common traverse, general traverse or special traverse) all
under the Revealed Divine Law, a case is made that is therefore cognizable by
Republic of New Lemuria Courts.
Chapel - 1. A place of worship subordinate to and
smaller than a church, 2a. a room or a building used as a place of worship, as
in a hospital, school, or army post, b. a room in a funeral home for funeral
services, 3a. a room or recess in a church, set apart for special services and
having its own altar, b. a similar room in some Jewish synagogues, 4. A service
in a chapel, or any religious service, as at a school, 5. The singers of a
private chapel, collectively, 6. A local chapter of a printer's union, 7. In
Great Britain, any place of worship who are not membes of an established church.
Chaplain - (custodian of St. Martin's cloak) 1. A
clergyman attached to a chapel, as a royal court, 2. A minister, priest, rabbi
serving in a religious capacity with the armed forced, or in a prison, hospital,
etc., 3. A clergyman, or sometimes a layman, appointed to perform religious
functions in a public institution, club, etc.
Childe - Contracted from Saxon Cild (Saxon
being contracted from "Isaac son" a child of Our Patriarch Abraham) "Childe
- A child of noble birth.." The American Heritage Dictionary of the
English Language (Houghton Mifflin, New York 3d ed. 1992, page 332). One
young in grace. 1 John 2.; One who is unfixed in principles. Ephesians Chapters
4 and 5. [See, Noble and Nobility, infra].
Compurgation - The act, practice and Inalienable Right
of Self-Defence by justifying a Republic of New Lemuria citizen by statements
and actions of others who state their belief of his or her veracity. This act
also includes wager of law, in which a Republic of New Lemuria citizen who has
given security to make his or her law, brings into Republic of New Lemuria
Permanent Court of Arbitration eleven of his or her neighbors from his or her
vicinage, and having made oath himself or herself that he or she does not owe
the plaintiff, the eleven neighbors, called compurgators, avow on their oaths
that they believe in their consciences that he or she told the truth.
Compurgators - One who bears testimony or witnesses
upon their honor to the veracity of the innocence of another.
Cognates - Relations by the mother's side, or by
females. Mackeld. Rom. Law, 144. A common in Scotch Law. Ersk. Inst. 1,7,4.
Black's Law Dict., 1st ed. 1891.
Cognati - In the civil law, Cognates; relations by the
mothers side. 2 Bl. Comm, 235. Relations in the line of the mother. Hale, Com.
Law, c. xi. Relations by or through females. Black's Law Dict, 1st ed., 1891.
Congregation - Generally, an assembly of free human
beings, especially a body so assembled for religious worship, or habitually
attending a particular church, and hence the basis of the religious system known
as Congregationalism (q.v.) (Lat.); congregatio a gathering together, from cum,
with grex, a flock).
In the English versions of the Bible "congregation" is used
to translate Heb. 'edah, the whole community of the Israelites; and kahal, the
assembly of the people; but in the Revised Version "congregation" is kept for
the first (LXX. sunagoge) and "assembly" for the second (LXX. ekkiesia). In the
Roman Church the word is used in several senses.
(1) The congregations or committees of the college of
cardinals which form administrative departments, eg., the congregations of
Propaganda, Rites, etc. (see Curia Rortiana).
(2) The committees of bishops for the regulation of procedure
at general councils.
(3) The branches of a religious order, following its general
rule, but forming separate groups, each with its special constitution and
observances. Thus the Trappists are a congregation of the Cisterian order,
itself an offshoot of Benedictine monasticism.
(4) Communities of religious under rule, composed of persons
who have taken no vows, such as the Oratorians, Oblates and Lazarists.
(5) In France, religious associations of lay persons, male or
female, for some pious. charitable or educational purpose (see French Law and
Institutions).
In secular usage there are two congregations or governing
bodies of the universlty of Oxford, viz., the "Ancient House of Congregation"
which, consisting of the Vice-chancellor, proctors and regent masters, grants
and confers degrees; and the "Congregation of the University of Oxford," created
by act of Parliament in 1854, and consisting of all members of convocation who
are technically resident. All statutes must be passed by this congregation
before their introduction in convocation, and it alone has the power of amending
statutuei. In the university of Cambridge Congregation is the term of the
meeting of the senate. In Scottish history, the frequent occurrence of the word,
in the sense of "kirke" [church]; in the national covenant of 1537, gave the
name of "congregation" to the reforming party, and the signatories of the
covenant were generally known as "lords of the congregation".
Consecrate - 1.) to make or declare to be sacred, by
certain ceremonies or rites; to appropriate to sacred uses; to set apart,
dedicate, or devote, to the service or worship of God; as to consecrate a
church. "Thou shalt consecrate, Aaron and his sons." Exodus 29. All the silver,
and gold, and vessels of brass and iron, are consecrated to the Lord." Joshua 6:
2.) To canonize; to exalt to the rank of a saint; to enroll among the gods, as a
Roman emperor. 3.) To set apart and bless the elements in the eucharist. 4.) To
render venerable; to make respected; as, rules or principles consecrated by
time. Consecrate - Sanctify; While holiness if fundamentally a quality of
God (Job 6:10; Isa. 6:1-5; Hos. 11:9), by God's actions persons, places, or
objects can be consecrated and sanctified, i.e., separated from common life or
use and dedicated in some way to the service or worship of God.. The Hebrew term
for this is "qadash" or "qodesh" signifying hallowed or holy, separated from
that which is secular or mundane. [See, Myers, Allen C., The Eerdmans
Bible Dictionary, William B. Eerdmans Publishing Company, Grand Rapids
Michigan (1987), pp. 911 and 493-494]; Rushdoony, Rousas John, The
Institutes of Biblical Law, The Craig Press, (1973), pp. 549-560.
Consecrated - Made sacred by ceremonies or solemn
rites; separated from a common to a sacred use: devoted or dedicated to the
service and worship of God; made venerable.
Consecration - act or ceremony of separating from a
common to a sacred use, or of devoting and dedicating a person or thing to the
service and worship of God, by certain rites or solemnities. Consecration does
not make a person or thing really wholly, but declares it to be sacred, that is
devoted to God or to divine service; as the consecration of the priests among
the Israelites; the consecration of the vessels used in the temple, the
consecration of a bishop. 2.) Canonization; the act of translating into heaven,
and enrolling or numbering among the saints or gods; the ceremony of the
apotheosis of an emperor. 3.) The benediction of the elements in the encharist,
the act of setting apart and blessing the elements in the common.
Counsell of Choice - That certain sentient human being
[whether lawyer, friend, clergy, bookkeeper, relative, &c.] chosen by a sentient
human being Republic of New Lemuria citizen to assist him or her in the
preparation and maintenance of any Action in Republic of New Lemuria Courts or
otherwise. Counsell of Choice is distinguished from the term "attorney" by
reason of the fact that Counsell of Choice does not "represent" a litigant
before Republic of New Lemuria Courts, but is merely present to assist all such
litigants who present themselves In Propria Persona.
Covenant - The Hebrew sound made by speaking the word
"barah", the primitive root of the word covenant and its Aramaic equivalent,
signifying "to eat; for eating, devouring; to cause to eat". The signification,
custom and usage of the word "covenant" found in the Books of Genesis, Exodus,
Leviticus, Numbers and Deuteronomy of the Holy Bible (Aramaic Peshitta
Text, George M. Lamsa's translation, 1933).
But I will establish my covenant with you;
and you shall enter into the ark, you, and your sons, and your
wife, and your sons' wives with you. Genesis 6:18.
And God said blessed Noah and his sons, and
said to them, Be fruitful, and multiply, and replenish the
earth. 7. As for you, be fruitful, and multiply; bring forth
abundantly on the earth, and multiply in it. 8. And God spoke to
Noah, and to his sons with him saying, 9. As for me, behold, I
will establish my covenant with you and with your descendants
after you; 11. And I will establish my covenant with you; so
that never again shall all flesh perish by the waters of a
flood; neither shall there any more be a flood to destroy the
earth. 12. And God said to Noah, this is the sign of the
covenant which I make between me and you and every living
creature that is with you, for perpetual generations; 13. I set
my bow in the clouds, and it shall be a sign of a covenant
between me and the earth. 14. And it shall come to pass, when I
shall bring clouds over the earth, that the bow shall be seen in
the clouds; 15. And I will remember my covenant, which is
between me and you and every living creature that is with you of
all flesh; and the waters shall no more become a flood to
destroy all flesh. 16. And the bow shall be in the clouds; and I
will look upon it as a remembrance of the everlasting covenant
between God and every living creature of all flesh that is upon
the earth. 17. And God said to Noah, This is the sign of the
covenant which I have established between me and all the flesh
that is upon the earth. 18. The sons of Noah who went forth out
of the ark were Shem and Ham and Japheth; and Ham is the father
of Canaan. 19. These three were the sons of Noah; and from them
the people spread throughout the earth. Genesis 91-19
10. These are the descendants of Shem. Shem
was a hundred years old, and begot Arphakhashar, two years after
the flood. 24. And Nahor lived twenty-nine years, and begot
Terah; 26. And Terah lived seventy-five years, and begot Abram,
Nahor and Haran. 27. Now these are the descendants of Terah
Terah begot Abram, Nahor and Haran. Genesis 11:10-32
1. When Abram was ninety-nine years old, the
LORD appeared to him, as said to him, I am the Almighty God;
walk well before me, and be faultless. 2. And I will make my
covenant between me and you and will multiply you exceedingly.
3. And Abram fell on his face; and God talked to him, saying, 4.
As for me behold, I am establishing my covenant with you, and
you shall be a father of many peoples. 5. Neither shall your
name any more be called Abram, but your name shall be Abraham;
for I have made you a father of many peoples. 6. And I will make
you fruitful, and multiply you exceedingly; and I will make you
a father of many nations, and kings shall come out of your
loins. 7. And I will establish my covenant between me and you
and your descendants throughout their generations for an
everlasting covenant, and I will be God to you and to your
descendants after you. 8. And I will give to you, and your
descendants after you, the land of Canaan, for an everlasting
inheritance; and I will be their God. 9. And God said to
Abraham, You shall keep my covenant, you, and your descendants
after you throughout their generations.Genesis 17:1-9.
You shall make no covenant with them, or with
their idols. Exodus 2332.
Then Simon Peter with the rest of the
apostles answered, saying to them, We must obey God rather than
men. Acts 529
And if you hearken diligently to the voice of
the LORD your God, to observe and to do all his commandments
which I command you this day, the LORD your God will set you on
high above all the nations of the earth. 2. And all these
blessings shall come on you, and overtake you, if you shall
hearken to the voice of the LORD your God. 3. Blessed shall you
be in the city, and blessed shall you be in the field. 4.
Blessed shall be the fruit of your body and the fruit of your
ground, and the bearing of your cattle, the increase of your
herds, and the flocks of your sheep. 5. Blessed shall be your
breadbasket and your dough. 6. Blessed shall you be when you
come in, and blessed shall you be when you go out. 7. The LORD
shall cause your enemies who rise up against you to surrender
defeated before you; they shall come out against you by one way;
and flee before you by seven ways. 8. The LORD shall command
blessings upon you in your storehouses, and in all that you put
your hand to; and he shall bless you in the land which the LORD
your God gives you; 9. The LORD shall establish you a holy
people to himself, as he has sworn to you, if you shall keep the
commandments of the LORD your God and walk in his ways. 10. And
all the people of the earth shall see that you are called by the
name of the LORD, and they shall be afraid of you. 11. And the
LORD shall enrich you in good things, in the fruit of your body
and in the bearing of your cattle and in the fruit of the
ground, in the land which the LORD swore to your fathers to give
you. 12. The LORD shall open to you his good storehouse, the
heaven, to give you rain to your land in its season; and he will
bless all the works of your hands; and you shall lend to many
nations, but you shall not borrow; and you shall rule over many
nations, but they shall not rule over you. 13. And the LORD
shall make you the head, and not the tail; and you shall be on
top only, and you shall not be beneath; if you will hearken to
the commandments of the LORD your God which I command you this
day, to observe and to do them. 14. And you shall not turn aside
from any of the commandments which I command you this day, to
the right hand, or to the left, and you shall not go after the
Gentile gods, nor serve them. 15. But if you will not hearken to
the voice of the LORD your God, and do not observe and do all
his commandments and his statutes which I command you this day,
then all these curses shall come upon you and overtake you.
Deuteronomy 28:1-15.
17. You shall not therefore defraud one
another; but you shall fear your God; for I am the LORD your
God. 18. Wherefore you shall do my commandments and keep my
judgments and do them; and you shall dwell in the land in
safety. 23. Surely the land shall not be sold outright; for the
land is mine; you are strangers and sojourners with me. 24. And
in all the land of your possession you shall grant a redemption
for the land. 25. If your brother becomes poor and sells some of
his possession, then his nearest of kin shall come and redeem
that which his brother has sold. 31. But house of the villages
which have no walls round about them shall be counted as the
fields of the country; they may be redeemed, and shall be
released in jubilee. Leviticus 25:17-31.
Then all the people answered together and
said, 'All that the Lord has spoken we will do.' So Moses
brought back the words of the people to the Lord. Exodus 198.
No man can serve two masters; for either he
will hate the one and like the other; or he will honor one and
despise the other. You cannot serve God and mammon. Matthew
6:24.
Crested - A term used in heraldry denoting devices set
over a coat of arms.
Diploma [Fr. duploma] - A letter, letter patent,
charter, grant, writing or other instrument under seal of the Republic of New Lemuria or an educational institution acknowledged by the Republic of New Lemuria as acknowledging an honor, power, privilege or authority.
Droit administrative - Administrative law as defined
within civil law by French authorities in general terms meaning the body of
rules which regulate the relations of the administration or administrative
authority towards "persons" by reason of the existence of a contract between
such "person" and the authority.
Easement of passage - An Inalienable Right of Natural
Liberty to travel upon land or across water upon a public way, reserved by a
Republic of New Lemuria citizen. This Inalienable Right is acknowledged by the
Republic of New Lemuria as an unenumerated Rite.
Electors - Citizens in the Republic of New Lemuria
exercising their Inalienable Right of suffrage as legislators under the Revealed
Divine Law.
Evidence - Testimony, writings, material objects, or
other things, lawfully presented at the trial of an action by the act of the
parties and through the medium of witnesses, admissible in an action under the
Revealed Divine Law, elucidating and enabling the mind to perceive the truth.
Faith - "Now faith is the substance of things hoped
for, as it is the substance of things which have come to pass; it is evidence of
things not seen. And in this way it became testimony concerning the elders.
For it was thorough faith we understand that the worlds were framed by
the word of god, so that things which are seen came to be those which are
not seen. It was by faith Abel offered a more excellent sacrifice to God
than Cain, and because of this, he received a testimony that he was righteous,
and god testified to his offering; therefore, even though he was dead, he
speaks. By faith Enoch departed and did not taste death, and he was not
found, because God took him; but before he took him away, there was a
testimonial about him, that he pleased God. Without faith man cannot
please God; for he who comes near God must believe that he is, and that he is a
rewarder of those who seek him. By faith Noah, when he was warned
concerning the things not seen, became fearful and made an ark to save his
household; and by it he condemned the world and became an heir of
righteousness which is by faith which is by faith. By faith Abraham,
when he was called to depart from the land which he was to receive as his
inheritance, obeyed; and went on, not knowing where he was going. By
faith he became a sojourner in the land which was promised to him in
a strange country, and he dwelt in tents with Isaac and Jacob, the heirs with
him of the same promise. Through faith also Sarah, who was barren,
received strength to conceive an offspring, and was delivered of a child when
she was past age; because she was sure he who had promised her was faithful.
Therefore, there sprang from one who was good as dead, as many as the stars in
the sky number and as the grains of sand which is on the seashore, innumerable.
These all died in faith, not having received the promised land, but they saw it
from afar, and rejoiced in it; and they acknowledged that they were strangers
and pilgrims. For they who speak so declare plainly that they seek a country
for themselves. Hebrews 11:1-14.
Fellowship -Literally communion; unity of believers
through Christ based on the fellowship of the Father, Son, and Holy Spirit.
Christians are united into a special fellowship through their love for one
another and common union with christ (Acts 2:42; 1 John 31:3,7).
First Fruits - The fruit or produce first matured and
collected in any season. Of these the Jews, made an obligation to God, as an
acknowledgement of his sovereign dominion. The first profits of any thing. In
the Church of England, the profits of every spiritual benefice for 'the first
Year. The first or earliest effect of any thing, In a good or bad sense; as the
first-fruits of the grace in the heart, or the first-fruits of vice.
Foreign Courts - Any court or tribunal other than the
a Republic of New Lemuria Permanent Court of Arbitration.
Foreign government - Any government other than the
Kingdom of Heaven reflected at the Republic of New Lemuria.
Frank-almoigne. In English law. Free alms. A spiritual
tenure whereby religious corporations, aggregate or sold, held lands of the
donor to them and their successors forever. They were discharged of all other
except religious services, and tri-noda necessitas. It differs from
tenure by divine service, in that the latter required the performance of certain
divine services, whereas the former, as its name imports, is free. This tenure
is expressly excepted in the 12 Car. II c. 24, ' 7, and therefore still subsists
in some few instances. 2 Broom & H. Comm. 208. See, Black's Law Dictionary
515-516 (1st ed., 1891).
Frank-fee. Freehold lands exempted from all services,
but not from homage; lands held otherwise than in ancient demesne. That which a
man holds to himself and his heirs, and not by such service as is required in
ancient demesne, according to the custom of the manor. See, Black's Law
Dictionary 516 (1st ed., 1891).
Frank-law. An obsolete expression signifying the
rights and privileges of a citizen, or the liberties and civic rights of a
freeman. See, Black's Law Dictionary 516 (1st ed., 1891).
Frank-pledge. In old English law. A pledge or surety
for freemen; that is, the pledge, or corporate responsibility, of all the
inhabitants of a tithing for the general good behavior of each free-born citizen
above the age of fourteen, and for his being forthcoming to answer any
infraction of the law. Termes de la Ley; Cowell. See, Black's Law Dictionary
516 (1st ed., 1891).
Frank-tenement. In English law. A free tenement,
freeholding, or freehold. 2 Bl. Comm. 61, 62, 104; 1 Steph. Comm. 217; Bract.
fol. 207. Used to denote both the tenure and the estate. See, Black's Law
Dictionary 516 (1st ed., 1891).
Free and Common Socage - The holding of hereditaments
at the Kingdom of Heaven reflected at the Republic of New Lemuria according to
the revealed Divine Law
Gentile - Distinguised from Hebrews, (a) "Peregrini
. In Roman Law. the class of Peregrini embraced at the same time both
those who had no capacity in law, (capacity for rights or jural relations,)
namely, the slaves, and members of those nations which had not established
amicable relations with the Roman people. Black's Law Dictionary, 1st ed.
1891, pp. 888. (b) "Gentiles. In Roman law. The members of a gens
or common tribe." Black's Law Dictionary, 1st ed. 1891, pp. 888. (c)
"Gentile - In the scriptures, a pagan,; a worshiper of false gods;
any person not a Jew or a Christian; a heathen. The Hebrews included the term
goim or nations, all the tribes of men who had not received the true faith .
. .". Noah Webster, The American Dictionary of the English Language
Philadelphia 1828 Vol. I. pp. 91.
Grand Jury - A jury of inquiry comprised of between
12-23 member Republic of New Lemuria men or women summoned and returned within
the Kingdom of Heaven reflected at the Republic of New Lemuria to each session
of the criminal courts, and whose duty is to receive complaints and accusations
in criminal cases, hear the evidence adduced on the part of an injured party,
interrogate, question and determine whether probable cause exists that a crime
has been committed under the revealed Divine Law and whether an indictment in
the form of a true bill should be returned against one for such a crime.
Guilds - A voluntary association of sentient human
beings pursuing the same trade, art, profession or business, such as printers,
lawyers, artists, wool merchants, lawyers, doctors, &c., united under a distinct
organization of their own, regulating the affairs of their trade or business by
their own private laws.
Hebrew - "Derived from the Aramaic word Abar and Habar
which means to cross over. This name was given to the Hebrew people simply
because Abraham and the people with him crossed the river Euphrates and went to
Palestine. Therefore, they were known as those who lived east of the river
Euphrates as Hebrews, that is, 'the people across the river."' [Holy Bible
(Aramaic Peshitta Text. George M. Lamsa's Translation, 1933. Introduction at p.
vi)].
Hebrew Maxims - In addition to the maxims of law set
out in a separate section of this Agreement, the following principles are
incorporated into the revealed Divine Law, even to the extent same may be
inconsistent with other principles herein described:
Maxims and Rules
"'Human laws are born, live and die,' but a maxim, once
ushered into existence, is endowed with a perpetual lease on life. Its form is
often so altered as to be irrecognizable, but its spirit continues to live. Many
a modern legal maxim which enjoys a wide circulation and has won a fortune of
renown for its reputed author, is in reality nothing more than old currency cast
in a new die -- the gold of Moses or Solomon remodeled and embellished with the
royal insignia of Constantine or Justinian; and we have a reason to believe that
many a maxim brought into the world by a Hillel of an Akiba is now current under
the superscription of a Coke or a Blackstone. (Footnote 428 omitted). The
following are some of the most important maxims and rules, culled from the
jurisprudence of the ancient Hebrew sages.
A majority of one is sufficient for
acquittal, but it requires a majority of at least two for
conviction.
A man is his own kin.
A minor has no discretion. (Footnote 429
omitted)
A person deserves not the title of Man
before reaching the age of twenty-five years.
A simultaneous and unanimous verdict of
guilty acquits.
A single accuser deserves to be treated as a
slanderer. (Footnote 430 omitted)
A Synhedrion executing one human being in the
course of every seven years is a murderous tribunal.
A verdict of conviction may be reversed, but
not one of acquittal. (Footnote 431 omitted)
A verdict of guilty may not be rendered on
the day of trial.
All evidence must be direct, and not
circumstantial or presumptive.
All Israelites are responsible for one
another. (Footnote 432 omitted)
An equal division of the Court on a verdict
is an acquittal.
As Moses sat in judgment without the
expectation of material reward, so also must every judge act
from a sense of duty only. [House Note: "For he shall compensate
a man according to his works, and causes every man to be
rewarded according to his ways." Job 34:11.
Be slow in judging. (Footnote 433 omitted)
By punishing criminals the world is benefited.
Collisions with a deaf-mute, or an idiot, or
a minor, are always disadvantageous.
Crimes committed under duress are not
punishable. (Footnote 434 omitted)
Cross-question the witness closely.
Death atones for sins. (Footnote 435 omitted)
Divulging the individual opinions of judges
is slander.
Drink not and thou wilt not sin. (Footnote
436 omitted)
Each witness must be qualified to testify to
the whole case, and not only to a part thereof.
Evidence must be heard directly from the
mouth of the witnesses, and not through an interpreter or a
written document.
Extraordinary times legalize extraordinary
punishments. (Footnote 437 omitted)
Fine and flagellation are not imposed
together for the same offense. (Footnote 438 omitted)
For conviction it requires a majority of not
less than the minimum number of witnesses competent to sustain
an accusation.
Having submitted to the judgment of the law,
the man is restored to his status as thy brother. [House Note:
The existence of probation, no matter the disguise, is a
violation of this prohibition]
He who buys a Hebrew slave buys himself a
master.
He who gives the death-blow is alone
responsible. [House Note: In Hebrew society, the injured party
is responsible alone for forgiving or carrying out any judgment]
He who swears is ipso facto suspected.
If one witness is found disqualified, the
whole party is disqualified.
Immodest behavior is a bar to the
witness-stand. (Footnote 439 omitted)
Judges must be exceedingly guarded in their
utterances, lest the witnesses learn from them how to answer
evasively.
Kill him who unlawfully attempts to kill
thee. (Footnote 440 omitted) [House Note: As contrasted with the
Laws of forgiveness taught by Lord Jesus, the Christ]
Let justice pierce the mountain.
Let the incorrigible die while in a state of
comparative innocence, rather than live and go from bad to
worse. (Footnote 441 omitted) [House Note: "Before Elijah
departed, he said to Reb Shmuel, 'I want to give you some advice
that will be useful to you, my friend. Whenever you see a wicked
person who is prospering, keep in mind that his wickedness will
ultimately work against him. And if you see a righteous person
enduring hardships, remember that person is being saved from
something worse. Do not doubt these things any longer. One
cannot always understand God's ways.'" [From Tales of Elijah
the Prophet Retold by Peninnah Schram, (Jason Aronson, New
Jersey, 1991 at p. 6)]
Make a hedge around the law.
Man is to live, and not to die by the
observance of the law.
Man's life belongs to god, and only according
to the law of God may it be disposed of.
Neither honor or insult the remains of a
suicide.
No man convicts himself. (Footnote 442
omitted)
No man is considered guilty until after he is
duly proved to be so.
No man may be condemned unless he is present.
No man produces witnesses to convict himself.
No man sinneth unless attacked by idiocy.
No mercy may be shown where it is contrary to
justice.
No one is a competent witness whose knowledge
of the facts is based on hearsay or conjecture. (Footnote 443
omitted)
No one is responsible for the crimes of
another. (Footnote 444 omitted)
No punishment may be inflicted for
transgressions not accompanied by bodily action. (Footnote 445
omitted)
None, but the legal executioners, may execute
the convict.
None who may be a competent witness in a
cause, may be the judge of a cause. (Footnote 446 omitted)
One court may not try two capital cases in
one day.
Part of the evidence being invalidated, the
whole is invalidated. (Footnote 447 omitted)
Relations and interested persons may not act
as judges. (Footnote 448 omitted)
Self-accusation does not convict.
Self-accusation of misdemeanors involving
fines exempts the culprit from paying the fine. (Footnote 449
omitted)
Similarity in expressions between witnesses
awakens suspicion of conspiracy and coaching.
Testimony must not be heard in the absence of
the party concerned.
Testimony to which the law of confutation
cannot be fully applied deserves not the name of testimony.
The blood of the victim of false testimony
falls upon the heads of the witnesses.
The act of breaking in is the burglar's death
warrant.
The cause of a party may not be disposed of
in his absence.
The convict must not be kept in suspense.
The drunkard is responsible for his actions.
(Footnote 450 omitted)
The end of a period is considered as the
beginning thereof.
The hour legalizes extraordinary rigor. (Footnote 451
omitted)
The judge has nothing to judge by but what is
before his eyes. (Footnote 452 omitted)
The judge not voting is considered absent.
The judgments for which the judge was paid
are void.
The law does not punish for injuries
occasioned through fortuitous circumstances. (Footnote 453
omitted)
The less punishment is discharged in the
greater.
The person witnessing an act during his
minority is not competent to testify thereto, even after
reaching his majority.
The public servitor must be possessed of more
mental than physical vigor.
The robe of the unfairly elected judge is to
be respected not more than the blanket of the ass. [House Note:
The term "elected" signifies a judge who act of judging is
"voluntarily" consented to by both sides in a case. A judge
imposed or forced upon any party is not "fairly elected".]
The scholar's popularity with the masses is
not always the reward for righteous bearing; often it is the
consequence of his failing to notice vices and rebuke them.
The suborned witness is despised even by his
suborner.
The Supreme Judge does not punish a person of
less than twenty years
The votes of father and son, or of a teacher
and pupil, in the same court, are counted as one.
The witness must be fully competent at the
time when the crime is committed as well as when he appears to
testify to the crime.
The witnesses for the defense are accusers of
the prosecution. (Footnote 454 omitted)
The word of the parties to the suit, and not
that of counsel, shall be heard by the judges.
There is no agency in crime. (Footnote 455
omitted)
Thine own life may be dearer to thee that of
thy neighbor. (Footnote 456 omitted)
Thoughts are not punishable. (Footnote 457
omitted)
What the witness has once said he may not
unsay.
Whatever one observes while in a normal
state, and testifies to when in a normal state is legal
evidence.
When one can prevent a crime and does not, he
is responsible before Heaven. (Footnote 458 omitted)
When the judge is, like a king, well provided
for, he will establish the peace of the land on justice; but
when, like the priest, he must rely on gifts for his
subsistence, he will overthrow it.
Where Heaven sees fit to condone, human
tribunals may not punish.
Where there are officers to enforce the
judgment, there judges can act, but where there are no officers,
there can be no judges.
Whosoever compassionates a human being
obtains compassion from Heaven.
Whosoever preserves one worthy life is as
meritorious as if he had preserved the world.
Whosoever will not tell the truth without an
oath, would not scruple to assert falsehood with an oath.
wisdom increases with age.
Heart - In scriptural terms, the spiritual center of
one's being. The heart is the seat of divine presence and grace, and the source
of moral acts. The transformation of the heart is the major work of God's saving
grace. See Matthew 5:8, 6:21, 22:37; Luke 6:45, John 7:38, Romans 2:29; 10:9;
Hebrews 13:9.
Hereditament - Things capable of being inherited by
children of the Most High God who are in a Covenant relationship with Him
according to the unconditional promises made of Abraham and his descendants, be
it corporeal or incorporeal, real, personal or mixed and including not only
lands and everything thereon, but also heir-looms, and certain furniture which,
by custom, may descend to the heir together with land. Co. Litt. 5b; 2 Bl.Comm.
17, Black's Law Dictionary 1st ed. 1891, p. 568 ["But an hereditament, says Sir
Edward Coke, is by much the largest and most comprehensive expression; for it
includes not only lands and tenements, but also whatever may be inherited, be it
corporeal, or incorporeal, real, personal, or mixed. Thus an heir-loom, or
implement of furniture which by custom descends to the heir together with an
house, is neither land, nor tenement, but a mere moveable, yet, being
inheritable, is comprised under the general word, hereditament, and so a
condition, the benefit of which may descend to a man from his ancestor, is also
an hereditament." 2 Bl.Comm. 17].
All hereditaments are considered a gift for possession
from the Most High God who asks that his children exercise careful stewardship
over hereditaments, which cannot be mortgaged, pledged, seized, distrained,
distressed or otherwise taken away by any action or process of law or of men.
Seisin to hereditaments is delivered by inheritance through lawful conveyance,
but not through commercial sale or otherwise.
Holy - Literally, 'set apart' or separated unto God;
also, blessed, righteous, sinless. The word therefore refers to God as the
source of holiness, to the church and its sacraments, to worshipers of the true
God, and to those of outstanding virtue. Those who are transformed by the Holy
spirit become holy as God is holy (Rom. 12:1; 1 Pet. 1:14-16; 2:9).
Honorarium - A voluntary gift or donation which admits
of no compensation in money, and is distinguished from "fee", "charge", "wage",
"salary", "compensation" and "remuneration" in that no right of action in any
court exists to enforce its delivery under any circumstances whatsoever. "It is
said the honorarium is purely voluntary and differs from a fee, which may be
recovered by action. 5 Serg. & Rawle, 412; 3 Bl.Comm. 28; 1 ch. Rep. 38; 2 Atk.
332" A Law Dictionary Adapted to the Constitution and Laws of the United
States of America, by John Bouvier (1839) p. 468.
"The word honorary in the Roman law, was applied to a fee not
paid as a remuneration for labour, for which the labourer could exact
recompense; but rater a species of present, made as an acknowledgment for
trouble gratuitously undertaken; and, in an acceptation nearly similar, the word
has been adopted in our law." A Dictionary and Digest of the Laws of Scotland,
by William Bell, Esq. (1861) at p. 427.
"Those indeed practiced gratis, for honour merely, or at the
most for the sake of gaining influence: and so likewise it is established with
us, that a counsel can maintain no action for his fees; which are given, not as
locatio vel conductio but as quiddam honorarium; not as a salary
or hire, but as a mere gratuity, which a counsellor cannot demand without doing
wrong to his reputation: as is also laid down with regard to the advocates in
the civil law, whose honorarium was directed by a decree of the senate
not to exceed in any case." 3 Blackstone’s Commentaries 27-28.
House - 2. An edifice or building appropriated to the
worship of God; a temple; a church, as the house of God. 3. A monastery: a
college; as a religious house .. 6. A family of ancestors; descendants and
kindred; race of persons from the same stock; a tribe. It particularly denotes a
noble family or an illustrious race, as the house of Austria, the house of
Hanover, so in Scripture, the house of Israel, or of Judah .... 9. In Scripture,
those who dwell in a house and compose a family; a household. 10. Wealth; estate
... 13. The body; the residence of the soul or this world; as our earthly house.
2 Cor. V. 15. A place of residence. Egypt called the house of bondage. Ex. xiii.
4 Webster American Dictionary of the English Language, 1828. Vol. I p. 102.
Inalienable Rights - Natural Rights vested at nativity
of a sentient human being citizen of the Republic of New Lemuria which include,
but are by no means limited to the Pursuit of Happiness; Natural Liberty; Life;
Acquiring, Holding and Protecting Hereditaments; Self-Defence; Trial by Jury of
One's Peers in One's Vicinage; Due Process of Law under the Revealed Divine Law;
Counsell of One's Choice; Not Being Compelled to be a Witness Against One's
Self, &c.
Increase - Substance. Investment - In this Trust Act,
The House For God’s Children, Regent and Almoner ensealing this Agreement, each
covenant, agree and warrant to and with one another that any amount of abundance
and any increase in that abundance, and any portion thereof, merely symbolizes
part of the ''inheritance'' from the Most High God given to Adam. The term is
similar to "Seigniorage", infra. Seth, Noah, Melchizedek and
Abraham and their descendants for ever, as a stewardship possession. Any amount
of exchanged, delivered, processed or otherwise handled by any of trust
represents a hereditament from the Most High God.
Ingenuitas [Lat] - Liberty given to a servant by
manumission. Black’s Law Dictionary, 1st. ed (1891) pp. 622
Inheritance - the blessings of providence, bounty,
alms and increase from the Most High God as promised unconditionally to Abraham
and his descendants.
International Law - Law created by contract between
corporate gentile nations governing relations between them.
In ventre sa mere - Fr. In one's mother's womb; spoken
of an unborn child. Black's Law Dictionary 1st. ed (1891) pp. 609. Life begins
before conception according to Hebrew Christian customs and usages. Hence, the
assignment of a "birth date" over strenuous objection of the parents is false
and contrary to those beliefs. This understanding regarding conception is also
part of the common law of England, adopted in America by those who follow the
Hebrew Christian creed and beliefs. The foregoing statement is supported in the
writings of the eminent legal scholar Sir William Blackstone's Commentaries
on the Laws of England Book I (1765), pp. 125-126:
I. LIFE is the immediate gift of God, a right
inherent by nature in every individual; and it begins in
contemplation of law as soon as the infant is able to stir in
the mother's womb. For if a woman is quick with child, and by
potion, or otherwise, killeth it in her womb; or if any one beat
her, where by the child dieth in her body, and she is delivered
of a dead child; this, though not murder, was by ancient law
homicide or murder. . .An infant in ventre sa mere,
or in the mother's womb, is supposed in law to be born for many
purposes. It is capable of having a legacy, or a surrender of a
copyhold estate made to it. It may have a guardian assigned to
it; and it is able to have an estate limited to its use, and to
take afterwards by such limitation, as if it were actually born.
And in this point the civil law agrees with ours."
Furthermore, Latin jurisprudence at the time of Jesus, the
Christ, spoken of by Gaius, an imminent jurist of the period agrees with
Blackstone:
"'' 76-96. STATUS OF CHILDREN AT BIRTH.
We pass on the general discussion of a wider
subject. The basic principles were that children of iustae
nuptiae inherited their father's status at the time of
conception (rule of the ius civile) and that
children of any other union inherited that of their mother at
the time of birth (rule of ius gentium). But the L.
Minca (date unknown) departed from the principle by
providing that where one parent was Roman and the other a
peregrine. . . If one parent was a slave and the other free,
there could be no marriage at all. the rule of ius gentium
applied: the child was born free or a slave according as its
mother was free or a slave at the moment of its birth." The
Institutes of Gaius, Part II, Oxford at Clarendon Press
London: 1953, at pp. 29-32.)
The Divine day of conception as opposed to a birth date is
also the only significant day according to Roman civil law. This is also
true of our time honored Hebrew customs, usages and law. It is far more
significant than delivery parturition. In The Book of Legends, Sefer
Ha-Aggadah (Legends from the Talmud and Midrash) it is written:
"6. R. Hanina bar Papa expounded: the angel
in charge of conception, who is called Night, takes the drop of
semen, places it before the Holy One, and asks: Master of the
universe, what is to happen to this drop? Will it become a
strong man or a weak man? A sage or a fool? A rich man or a poor
man?
7. Before the formation of the embryo in its
mother's womb, the Holy One decrees what it is to be in the end
-- male or female, weak or strong, poor or rich, short or tall,
ungainly or handsome, scrawny or fat, humble or insolent. He
also decrees what is to happen to it. But not whether it is
righteous of wicked, a matter which He places solely in man's
power. He beckons the angel in charge of spirits and says to
him. "Bring Me such-and-such a spirit which is in the Garden of
Eden, and called So-and-so, and whose appearance is
thus-and-so." At once the angel goes and brings the spirit to
the Holy One. When the spirit arrives, it bows and prostrates
itself before the King who is King of kings, the Holy One,
blessed be He. In that instant the Holy One says to the spirit,
"Enter the drop that is in such-and-such an angel's hand." The
spirit opens its mouth and says, "Master of the universe, the
world in which I have been dwelling since the day you created me
is enough for me. Why do you wish to have me, who am holy and
pure, hewn from the mass of Your glory, enter this fetid drop?"
The Holy One replies, "The world I will have you enter will be
more beautiful for you than the one in which you have dwelled.
Indeed, when I formed you, I formed you only for this drop."
With that, the Holy One makes the spirit enter the drop against
its will. Then the angel returns and has the [drop of semen with
the] spirit enters the mother's womb. Moreover, two angels are
designated for the spirit to guard it, so that it will not leave
the embryo and fall out of it. There a lamp is lit over its
head, and it is able to look and see from world's end to world's
end. The angel takes it from there, leads it to the Garden of
Eden, and shows it the righteous seated in glory with crowns
upon their heads. The angel asks the spirit, "Do you know who
these are?" The spirit: "No, my Lord." The angel says, "At the
beginning, these that you see were formed like you in their
mother's womb; then they went forth into the world and kept the
Torah and its commandments. Therefore, they earned the merit of
this happiness in which you see them. Know then that in the end
you too, will leave the world. If you succeed in keeping the
Holy One's Torah, you will merit like reward and be seated with
these. But if not, know and bear in mind that you will merit
another kind of place."
In the evening the angel leads the spirit to
Gehenna, where it shows it the wicked, whom angels of
destruction flog with staves of fire. Though the wicked cry out,
"Woe, woe!" the angels show them no mercy. The angels asks the
spirit, "Do you know who these are?" The spirit: "No, my lord."
The angel: "These who are being punished by fire were formed
like you, and when they went forth into the world, they did not
keep the Holy One's Torah and statutes. Therefore, they came to
the disgrace in which you see them. Again I say, know that in
the end you are to go forth into the world. Be righteous, be not
wicked, and you will merit life in the world to come."
Then the angel strolls with the spirit from
morning till evening and shows it the place where it is to die
and the place where it is to be buried. The angel continues
strolling with it throughout the world, showing it the righteous
and the wicked, and finally shows it everything. In the evening
the angel returns the spirit to its mother's womb, and there the
Holy One provides bolted gates for it. The embryo lies in its
mother's womb for nine months: the first three months the embryo
dwells in the lower compartment of its mother's womb; the next
three months in the middle compartment; and the final three
months in the upper compartment. And when its time comes to
emerge into the air of the world, it rolls down in one instant
from the upper compartment into the middle one and then into the
lower one. All that its mother eats and drinks during this first
period, the embryo eats and drinks, but it excretes no feces.
In the end, its time comes forth to go forth
into the world. The same angel appears and says to the spirit,
"Your time to go forth into the air of the world has come." The
spirit: "Why do you wish to take me out into the air of the
world?" The angel: "My son, know that you were formed against
your will, and against your will are to give an account and
reckoning before the King who is King of kings, the Holy One,
blessed be He." But the spirit refuses to go out of the womb, so
the angel has to beat it and put out the lamp that has been
burning over its head, and then he brings it forth into the
world against its will. Instantly the infant forgets all that he
has seen as he was going forth, and all that he had known. Why
does the infant weep as he goes forth? Because he has lost a
place of repose and comfort - - [he weeps] for the world which
he was compelled to leave.
When a man's time to die comes, the same
angel appears to him and asks, "Do you recognize me?" The man
answers, "Yes," and proceeds to inquire, "Why did you come this
day and not on any other day?" The angel: "To take you out of
this world -- your time to depart has arrived." The man begins
to weep and makes his voice heard from world's end to world's
end. But his fellow creatures are not aware of it, because they
cannot hear his voice -- except for the cock: he alone can hear
it. The man pleads with the angel, "You have already taken me
out of two worlds and made me enter this world." The angel:
"Have I not told you that you were formed against your will, you
were born against your will, were alive against your will and
against your will are destined to give an account and reckoning
before the Holy One, blessed be He?"
8. . . . During the period of gestation a
light burns above its head, and it gazes and is able to see from
one end of the world to the other. There is not time during
which the man abides in greater happiness than during those
days. At that time he is taught the entire Torah, all of it. But
as he comes into the air of the world, and angel appears,
strikes him on his mouth, and makes him forget the entire
Torah."
Jural Society - A group of sentient human s assembled
under the Revealed Divine Law to discuss and promote Natural and positive rights
and obligations, and to further associate themselves under Private Contract Law
in the form of the Charter and By-Laws to protect each member's Inalienable
Rights. The term is synonymous with "state" or "organized political community".
Juris et de jure [Lat] - Of law and of right. A
presumption juris et de jure, or an irrebuttable presumption, is one
which the law will not suffer to be rebutted by any counter-evidence, but
establishes as conclusive; while a presumption juris tantum is one which
holds good in the absence of evidence to the contrary, but may be rebutted.
Black’s Law Dictionary, 1st. ed (1891) pp. 633
Just Weights and Measures. [See Schedule AE" appended to end
of this Agreement, where Lawful Wight and Measure signify where intrinsic value
bears just proportion to extrinsic and numerary value.]
You shall not have in your bag different
weights, a large and a small. You shall not have in your house
different measures, a large and a small. But you shall have a
perfect and just weight; a perfect and just measure shall you
have, that your days may be prolonged in the land which the LORD
your God gives you. Deuteronomy 25:13-15
False scales are an abomination to the LORD;
but just weights are his delight. Proverbs 11:1.
A weight of a just balance is the LORD's
judgment; all his works are just weights. Proverbs 16:11.
Diverse weights and diverse measure, both
alike are an abomination in the presence of the LORD. Even a
child is known by his doings, whether his works are pure and
whether they are right. . . . Take the garment of him who is a
surety for a stranger; and take his pledge for the sake of the
stranger. He who becomes surety for a man by means of deceitful
gain will afterwards have his mouth filled with gravel. A good
purpose is established by counsel; but by provocation war is
made . . . Diverse weights are an abomination in the presence of
the LORD; and false scales are not good. Proverbs 20:10, 11,
16-18, 23.
Monsieur De Vattel in his imminent work entitled: The Law
of Nations or Principles of the Law of Nature Applied to the Conduct and Affairs
of Nations and Sovereigns, Chitty Publishing, Philadelphia, 1844 at pp.45-47
states regarding lawful weights and measures concerning "money":
A' 105. In the first ages, after the introduction of private
hereditaments, people exchanged their superfluous commodities and effects for
those they wanted. Afterwards gold and silver became the common standard of the
value of all things: and to prevent the people from being cheated, the mode was
introduced of stamping pieces of gold and silver in the name of the state, and
with the figure of the prince, or some other impression, as the seal and
pledge of their value. This institution is of great use and infinite
convenience: it is easy to see how much it facilitates commerce. -- Nations or
sovereigns cannot therefore bestow too much attention on an affair of such
importance.
'106. The impression on the coin becoming the seal of its
standard and weight, a moment’s reflection will convince us that the coinage of
money ought not be left indiscriminately free to every individual; for, by that
means, frauds would become too common -- the coin would soon lose the public
confidence; and this would destroy a most useful institution. Hence money is
coined by the authority and in the name of the state or prince, who are its
surety: they ought, therefore to have a quantity of it coined sufficient to
answer the necessities of the country, and to take care that it be good, that is
to say, that its intrinsic value bear a just proportion to its extrinsic or
numerary value.
It is true, that, in a pressing necessity, the state would
have a right to order citizens to receive the coin at a price superior to its
real value: but as foreigners will not receive it at a price, the nation gains
nothing by this proceeding; it is only a temporary palliative for evil, without
effecting a radical cure. This excess of value, added in an arbitrary manner to
the coin, is a real debt which the sovereign contracts with individuals: and in
strict justice, the crisis of affairs being over, that money ought to be called
in at the expense of the state, and paid for in other specie, according to
natural standard: otherwise, this kind of burthen, laid on in the hour of
necessity, would fall solely on those who received this arbitrary money in
payment, which would be unjust. Besides, experience has shewn that such a
recourse is destructive to trade, by destroying both the confidence of
foreigners and citizens -- raising in proportion the price of every thing -- and
inducing every one to lock up or send abroad the good old specie; whereby a
temporary stop is put to the circulation of money. So that the duty of every
nation and of every sovereign to abstain, as much as possible, from so dangerous
and experiment, and rather to have recourse to extraordinary taxes and
contributions to support the pressing exigencies of state. [House Note: lengthy
footnote in Law of Nations set out in full here in text and not in
footnote].
In Boizard’s Treatise on coin, we find the following
observations: >It is worthy of remark, that, when our kings debased the coin,
they kept the circumstances a secret from the people: -- witness the ordinance
of Phillip de Valios in 1350, by which he ordered Tournois Doubles to be
coined 2d. 5 1-3 gr. fine, which was, in fact, a debasement of the
coin. In that ordinance, addressing the officer of the mint, he says -- >upon
your oath by which you are bound to the king, keep this affair a secret as ye
possibly can, that neither the bankers nor the others may, by your means,
acquire any knowledge of it: for it, through you, it comes to be known, you
shall be punished for the offence is such manner as shall serve as an example to
others’ -- The same author quotes other similar ordinances of the same king, and
one issued by the Dauphin, who governed the Kingdom as regent during the
captivity of King John, dated June 27, 1360, by virtue of which the mint-masters
directing the officers engaged in the coinage to coin white Deniers 1d
12gr. Fine, at the same time expressly commanding them to keep this order
secret, and, >if any person should make inquiry respecting their standard, to
maintain they were 2d. Fine." Chap. xxix..
The kings [of France] had recourse to the strange expedient
in cases of urgent necessity: but they saw its justice. -- The same author,
speaking of debasement of coin, or the various modes of reducing the extrinsic
value, says, -- >These expedients are rarely resorted to, because they give
occasion to the exportation or melting down of the good specie [House Note: This
is the incentive for the mint-masters and sovereigns to be honest in their
affairs] and to the introduction and circulation of foreign coin -- raise the
price of every thing -- impoverish individuals -- diminish the revenue, which is
paid in specie of inferior value -- and sometimes put a total stop to commerce.
This truth has been so well understood in all ages, that those prices that had
recourse to one or other of these modes of debasing coin in difficult times,
ceased to practice it the moment the necessity ceased. We have, on this subject,
an ordinance by Phillip the Fair, issued May, 1295, which announces that,: >The
king having reduced the coin both in fineness and weight, and expecting to be
obliged to make a further reduction in order to retrieve his affairs, -- but
knowing himself to be, in conscience, responsible for the injury caused to the
state by such reduction, -- pledges himself to the people of his kingdom, by
solemn charter, that, as soon as his affairs are retrieved, her will restore the
coin to its proper standard and value, at his own private cost and expense, and
will himself bear all the loss and waste. And, in addition to this engagement,
Dame Joan, Queen of France and Navarre, pledges her revenue and dower for the
same purpose.’ Note, edit. A.D. 1797
107. Since the state is the surety for the goodness of the
money and its currency, the public authority alone has the right of coining
it. Those who counterfeit it, violate the rights of the sovereign, whether they
make it of the standard and value or not. These are the so-called false-coiners,
and their crime is justly considered as one of the most heinous nature, for if
they coin base money, they rob both the public and the prince; and if they coin
good, the usurp the prerogative of the sovereign. They will never be inclined to
coin good money unless there be a profit on the coinage: and in this case the
rob the state of a profit which belongs to it. In both cases they do an injury
to the sovereign; for the public faith being a surety for the money, the
sovereign alone has a right to have it coined. For this reason the right of
coining is placed among the prerogatives of majesty, and Bodinus relates,
that Sigismund Augustus, King of Poland, having granted this privilege to the
Duke of Prussia, in the year 1543, the states of the country passed a decree in
which it was asserted that the king could not grant that privilege, it being
separable from the crown. The same author observes, that, although many lords
and bishops of France had formerly the privilege of coining money, it was still
considered as coined by the king’s authority: and the kings of France at last
withdrew all these privileges, on account of their being often abused.
108. From the principles laid down, it is easy to conclude,
that if one nation counterfeits the money of another, of if she allows and
protects false-coiners who presume to do it, she does that nation an injury. But
commonly criminals of this class find no protection anywhere -- all princes
being equally interested in exterminating them. This is a sound principle,
which ought to be extended so as to deny effect to any fraud upon the foreign
nation or its subjects. But in England a narrow and immoral policy prevails of
not noticing frauds upon the revenue of a foreign state. Roach v. Edie, 6
Term.Rep. 425; Boucher v. Lawrence, R.T.Hardw. 198; Holman v. Johnson,
Cowp. 343; James v. Catherwood, 3 Dowl. & Ryl. 190. And so has this
narrow doctrine been carried, in disgrace of this country, that, in Smith v.
Marconay, 2 Peake’s Rep. 81, it was held, that the maker of paper in
England, knowingly made by him for the purpose of forging assignats upon same,
to be exported to France in order to commit frauds there on other
persons, might recover damages for not accepting such paper pursuant to
contract. So a master of an English ship was even allowed to recover salvage for
bringing home his captured vessel, by deceptively inducing the enemy to release
the vessel on his giving a ransom bill, payment of which he took care to
countermand in London. 2 Dodson’s R. 74.
109. There is another custom more modern, and of no less use
to commerce that the establishment of coin, namely exchange or the
traffic of bankers, by means of which a merchant remits immense sums from one
end of the world to the other, at a very trifling expense, and, if he pleases,
without risk. For the same reason that sovereigns are obliged to protect
commerce, they are obliged to support this custom, by good laws, in which every
merchant, whether citizen or foreigner, may find security. In general it is
equally the interest and the duty of every nation to have wise and equitable
commercial laws established in the country."
Justice - Under the Revealed Divine Law, the
administration and adjudication of cases brought before Republic of New Lemuria
Courts, at all times guided by the Maxim "To live honorably; to hurt nobody; and
to render everyone his due", and applying the Biblical common law, Precepts,
Customs and Usages, Maxims of Law in the Republic of New Lemuria.
Labor - In Creation God was the first laborer (Gen.
2:2-3; Heb.) and he continues to work in nature and human history (John 5:17).
Humans first experienced labor as creatures involved in the work of creation
(cf. Gen. 1:26, 28; 2:5; 15). Work was not despised by honoured by the people of
God as good (Prov. 22:29; 31:13-27); 2 Thess.. 3:6-12; cf. Prov. 6:6-11; 10:4-5;
Eccl. 10:18). Only with God’s blessing could work be productive (Ps. 127:1-2;
cf. 107:35-38). The Sabbath was established, not a denigration of work, but as
an >island in time,’ in recognition of the community’s relationship to God and
of the needs of laborers in the community (Exod. 20:9-11; 23:12; Deut. 5:12-15).
Then God said, Let us make man in our image,
after our likeness; and let them have dominion over the fish of
the sea, and over the fowl of the air, and over the cattle, and
over all wild beasts of the earth, and over every creeping thing
that creeps upon the earth. Genesis 1:26.
And if you sell to your neighbor of buy from
your neighbor, you shall not defraud one another. . .You shall
not defraud one another; but you shall fear your God; for I am
the LORD your God. Wherefore you shall do my commandments and
keep my judgments and do them; and you shall dwell in the
land in safety. And the land shall yield its fruit, and you
shall eat you fill and dwell therein in safety. Leviticus 25:14,
17-19.
But he shall dwell with you in the place
where he shall choose in one of your towns, where it pleases him
best; you shall not oppress him. Deuteronomy 23:16.
If a man shall steal an ox or a ewe, and kill
it, or sell it; he shall restore five oxen for an ox and four
oxen for a ewe. . .For all manner of trespass whether it be for
an ox or an ass for lamb for clothing or for any manner of lost
h\thing which another man claims to be his, the case of both
parties shall come before the judges and whomever the judges
shall convict, he shall make a two-fold restitution to his
neighbor. Exodus 22:1, 9.
Hear the word of the LORD, O king of Judah,
who sits on the throne of David, you and your servants and
people who enter by these gates; thus says the LORD: Execute
justice and righteousness, and deliver the oppressed from the
hand of the oppressor; and do no wrong, do not violence to
strangers, the fatherless, and the widows, nor shed innocent
blood in this place. . . But if you will not listen to these
words, I swear by myself, says the LORD, that this house shall
become a desolation. . . Woe to him who builds his house by
unrighteousness and his upper rooms by injustice; who makes his
neighbor work for him without wages, and does not give him for
his hire. Jeremiah 22:2-5, 13.
Will two men go on a journey together unless
they have made an appointment? Amos 3:3.
24. No man can serve two masters; for either
he will hate the one and like the other; or he will honor one
and despise the other. You cannot serve God and mammon (wealth).
Matthew 6:24.
27. And when they had brought them, they made
them stand before the whole council, and the high priest
proceeded, 28. Saying, did we not strictly command you not to
teach any man in this name? And behold, you have filled
Jerusalem with your doctrine, and you intend to bring the blood
of this man upon us. 29. Then Simon Peter with the rest of the
apostles answered saying, We must obey God rather than men. 30.
The God of our fathers has raised up Jesus whom you murdered
when you nailed him on the cross. 31. This very one God has
appointed a Prince and Saviour, and has lifted him up by his
right hand so that he may grant repentance and forgiveness of
sins to Israel. 32. And we are the witnesses of these words; so
is also the Holy Spirit whom God has given to those who believe
in him. Acts 5:27-32.
For the scripture says, You shall not muzzle
the ox that threshes. And again, The laborer is worthy of his
hire. 1 Timothy 5:18.
For the LORD is our judge, the LORD
is our lawgiver, the LORD is our king; he will
save us. Isaiah 33:22.
Speak no evil of another, brethren. He that
speaketh evil of his brother, speaketh evil of the law,
and judgeth the law: but if thou judge the law, thou art not a
doer of the law, but a judge. There is one lawgiver, who
is able to save and destroy: who art thou that judgest another.
James 4:11-12.
And when they had brought them, they made
them stand before the whole council, and the high priest
proceeded, Saying, did we not strictly command you not to teach
any man in this name? And behold, you have filled Jerusalem with
your doctrine, and you intend to bring the blood of this man
upon us. Then Simon Peter with the rest of the apostles answered
saying, We must obey God rather than men. The God of our
fathers has raised up Jesus whom you murdered when you nailed
him on the cross. This very one God has appointed a Prince and
Saviour, and has lifted him up by his right hand so that he may
grant repentance and forgiveness of sins to Israel. And we are
the witnesses of these words; so is also the Holy Spirit whom
God has given to those who believe in him. Acts 5:27-32.
And he had power to give life to the image of
the wild beast, and to cause all those who would not worship the
image of the beast to be killed. And he compelled all, both
small and great, rich and poor, freemen and slaves to receive a
mark on their right hands or their brows. Son that no man might
buy or sell unless he who had the mark of the beast or code
number of his name. Here is the wisdom: Let him who has
understanding decipher the code number of the beast; for it is
the code number of the name of a man; and his number is six
hundred sixty-six. . . Revelations 13:15-18.
I testify to every man who hears the words of
prophecy of this book, If any man shall add to these things, God
shall add to him the plagues that are written in this book; And
if any man shall take away from the words of the book of this
prophecy, God shall take away his portion from the tree of life
and from the holy city and from the things which are written in
this book."Revelations 22:18-19.
Land - This term is distinguished from "real
hereditaments" and "personal hereditaments" statutorily defined in the various
codes of States of the UNITED STATES [e.g. those "States" defined in 4
U.S.C.S. Section 105-110] and comprehends any ground, soil or earth whatsoever,
as meadows, pastures, woods, waters, marshes, furze and heath. It has an
indefinite extent upwards as well as downwards; therefore land, legally includes
all houses and other buildings standing or built on it; and whatever is in a
direct line between the surface and the centre of the earth, such as mines of
metals and fossils. 1 Inst. 4 a; Wood's Inst. 120; 2 B1. Com. 18; 1 Cruise on
Real Prop. 58. In a more confined sense, the word land is said to denote "frank
tenement at the least." Shepp. Touch. 92. In this sense, then, leaseholds cannot
be said to be included under the word lands. 8 Madd. Rep. 635. The technical
sense of the word land is farther explained by Sheppard, in his Touch. p. 88,
thus"if one be seised of some lands in fee, and possessed of other lands for
years, all in one parish, and he grant all his lands in that parish (without
naming them) in fee simple or for life; by this grant shall pass no, more but
the lands he hath in fee simple." It is also said that land in its legal
acceptation means arable land. 11 Co. 55 a. See also Cro. Car. 293; 2 P. Wms.
458, n.; 5 Ves. 476; 20 Vin. Ab. 203.
2. Land, as above observed, includes in general all the
buildings erected upon it; 9 Day, R. 374; but to this general rule there are
some exceptions. It is true, that if a stranger
voluntarily erect buildings on another's land, they will
belong to the owner of the land, and will become a part of it; 16 Mass. R. 449.
Lawyer's Fees, Venue; Arbitration. The term lawyer
herein used at all times excludes the contradictory term of "attorney"
[signifying to "turn, twist or manipulate words] and comprehends the term
"Counsell of Choice" defined herein. The term lawyer does not comprehend an
office or any other requirement of any Federal or state licensure or membership
in any fraternal bar association, including, but without limitation to the
taking of an oath in violation of provisions of The Holy Bible :
Lawyer. (Gk. nomikos) An expert in the law of
Moses. (Matt. 22:35 par.; Luke 7:30; 11:45-46). The term is equivalent to Gk.
grammateus, the more usual translation of Heb. soper >scribe’.
Another equivalent term is Gk. nomodidaskalos "teacher of the law" (Luke
5:17; Acts 5:34; 1 Tim. 1:7). Zenas the lawyer" (tit. 3:13) may have been a
practitioner of Greek or roman civil law rather that a teacher and interpreter
of Jewish law.’ [The Eerdmans Bible Dictionary, Eerdman Publishing
Company, Grand Rapids Michigan, 1987, p. 646]. [See also Ecclesiasticus, or the
wisdom of Jesus the Son of Sirach at Chapter 37]:
Every friend will say, 'I too am a friend'; but some friends
are friends only in name. Is its not a grief to when a companion and friend
turns to enmity? O evil imagination, why were you formed to cover the land with
deceit? Some companions rejoice in the happiness of a friend, but in time of
trouble are against him. Some companions help a friend for their stomach’s sake,
and in the face of battle take up the shield. Do not forget a friend in your
heart, and be not unmindful of him in your wealth. Every counsellor praises
counsell, but some give counsell in their own interest. Be wary of a counsellor
and learn first what is his interest -- for he will take thought for himself
lest he cast the lot against you and tell you, >Your way is good," and then
stand aloof to see what will happen to you. Do not consult with one who looks at
you suspiciously; hide your counsell from those who are jealous of you. Do not
consult with a woman about her rival or with a coward about war, with a merchant
about barter or with a buyer about selling, with a grudging man about gratitude
or with a merciless man about kindness, with an idler about any work or with a
man hired for a year about competing his work, with a lazy servant about a big
task -- pay no attention to these in any matter of counsell. But stay constantly
with a godly man whom you know to be a keeper of the commandments, whose soul is
in accord with your soul, and who will sorrow with you if you fail. And
establish the counsell of your own heart, for no man is more faithful to you
than it is. For a man’s soul sometimes keeps him better informed than seven
watchmen sitting high on a watchtower. And besides all this pray to the Most
High that he may direct your way in truth. Reason is the beginning of every
work, and counsell precedes every undertaking. As a clue to changes of heart
four turns of fortune appear, good and evil, life and death; and it is the
tongue that continually rules them. A man may be shrewd and the teacher of many,
and yet be unprofitable to himself. A man skilled in words may be hated; he will
be destitute of all food, for grace was not given him by the Lord, since he is
lacking in all wisdom. A man may be wise to his own advantage, and the fruits of
his understanding may be trustworthy on his lips. A wise man will instruct his
own people and the fruits of his understanding will be trustworthy. A wise man
will have praise heaped upon him, and all who see him will call him happy. The
life of a man is numbered by days, but the days of Israel are without number. He
who is wise among his people will inherit confidence, and his name will live
forever. My son, test your soul while you live; see what is bad for it and do
not give it that. For not everything is good for every one, and not every person
enjoys everything. Do not have an insatiable appetite for any luxury, and do not
give yourself up to food; for overeating brings sickness, and gluttony leads to
nausea. Many have died of gluttony, but he who is careful to avoid it prolongs
life."
Letters Patent - The name of an instrument granted by
the government to convey a right to the patentee; as, a patent for a tract of
land; or to secure to him a right which he already possesses, as a patent for a
new invention or discovery; Letters patent are a matter of record. They are so
called because they are not sealed up, but are granted open. [Vide Patent]
Manumission - The act of liberating a slave from
bondage and giving him freedom. In a wider sense, releasing or delivering one
person from the power or control of another. Black’s Law Dictionary, 1st. ed
(1891) pp. 751-752
Nativity - The moment of conception. When egg, sperm
and spirit (soul, being, consciousness) unite and begins to experience the
Divine flow issuing from the Creators. 2) The moment the spirit and soul are
made flesh, signifying the moment a soul begins perception on this mortal foil;
See in ventre sa mere.
Natural Liberty - Natural liberty is the right which
nature gives to all sentient human beings, of disposing of their physical
essence and hereditaments in the manner they judge most consonant to their
happiness, with awareness of their acting in consonance with the Law of Nature,
and that they do not in any way abuse it to the prejudice of other sentient
human beings. Burlamaqui, c. 3, s. 15; 1 Bl. Com. 125. The Law of Nature is that
which the Creators has prescribed to all sentient human beings, not by any
formal promulgation, but by sentient human beings' respect and awareness of the
unique value of Life, Natural Liberty and the pursuit of Happiness. It is
discovered by a just consideration of the agreeableness or disagreeableness of
human actions to the nature of sentient human beings; and it comprehends all the
duties which we acknowledge between and among ourselves, to our neighbors; as
reverence to our Creators, self-defence, temperance, honor to our parents and
children, benevolence to all, a strict adherence to our engagements, gratitude,
and the like. Erskines Pr. of L. of Scot. B. 1, t. 1, s. 1. See Ayl. Pand. tit.
2, p. 5; Cicer. de Leg. lib. 1.
Personal liberty is the independence of our actions of all
other will than our own. Wolff, Ins. Nat. 377. It consists in the power of
locomotion, of changing situation, or removing one's body to whatever place
one's inclination may direct, without imprisonment or restraint. 1 Bl. Com. 134.
Political liberty may be defined to be, the security by
which, from the constitution, form and nature of the established government, the
citizens enjoy civil liberty. No ideas or definitions are more distinguishable
than those of civil and political liberty, yet they are generally confounded. 1
Bl. Com. 6, 125. The political liberty of a state is based upon those
fundamental laws which establish the distribution of legislative and executive
powers. The political liberty of a sentient human being is that tranquillity of
mind, which is the effect of an opinion that he is in perfect security; and to
insure their security, the government must be such that one sentient human being
member Friend shall not fear another.
Nobility - Dignity of mind, greatness; grandeur;
that elevation of the soul which comprehends bravery, generousity,
magnanimity, interpidity, and contempt for everything that dishonors character.
Noble - Great; elevated; dignified; being above
everything that can dishonor reputation; as a noble mind; a noble courage; noble
deeds of valor. In Scripture, a person of honourable family or
distinguished by station. Ex. xxiv., Neh. vi."
Oath - "Again you have heard that it was said to them
who were before you, that you shall not lie in your oaths, but entrust your
oaths to your Lord. Nor by the earth, for it is the stool under his feet; nor by
Jerusalem, for it is the city of a great king. Neither shall you swear by your
own head, because you cannot create in it a single black or white hair. But let
your words be yes, yes, and no, no; for anything which adds to these is a
deception." Matthew 5:33-37.
"But above all things, my brethren, do not swear, neither by
heaven, neither by the earth, neither by any oath; but let your words be yes,
yes, and no, no, lest you fall under condemnation." James 5:12
Patronymic - Of, relating to, or derived from the name
of one's father or paternal ancestor. n. A name so derived. [Late Latin
patronymicus from Greek patronumikos, from patronumos, named after one's father:
pater, patr, father numa name; see nomen. The American Heritage Dictionary
(1992) p. 1328.
Person - Notwithsatanding anything to the contrary
contained in this Glossary or the Trust Act of 1997, the term "person" shall be
restrictively signified as only a human being in Covenant relationship with the
Most High God and shall purposefully exclude all so-called ljuris ficta entities
such as corporations aggregate and partnerships, but include the office of a
corporation sole. Historically the term person for reference has been given the
following rather equivocal meanings:
"Gaius says ' De juris devisione'
[the divisions of the law] immediately preceding his division of the
law; then follows, 'De conditions hominum' imeaning the condition or
status of men].
_
In the Institutes (Liber 1, tit.3.)
'De Jura personarum' precedes the expression 'all our law relates to
persons, or to things, or to actions.' The words persons and personae
did not have the meaning in the Roman which attaches to homo, the
individual, or a man In the English; It had peculiar reference to
artificial beings, and the condition or status of individuals.
_
The word "homo" corresponds to the
English word "man," and, as Romans expressed i,t [unus hom sustinet
plures personas;" ie, one man has many persons, or sustains many status,
or many different conditions (Austin's Jur., 362.)
Austin says: "The term 'person' has
two meanings, which must be carefully distinguished. It denotes a man or
human being; or it signifies some condition borne by a man (Harvard Law
Review.,101.). A person (as meaning a man) Is one or Individual, but a
single or individual person (meaning a man) may sustain a number of
persons (meaning condition or status)" (Austin's Jur., 363.).
Sandar's, Justinian, 1-3, notes;
Austin's Jur., pp. 41, 157, 362, 363, 376, 715, 730, 762, 983.
Professor John Austin's View.----
"Many of the modern civilians have narrowed the import of the term
'person' as meaning a physical or natural person. They define a person
thus: 'homo, cum statu suo consideratus;' a 'human being, invested with
the condition of status.' And, in this definition, they use the term
status in a restricted sense, as including only those conditions which
comprise rights and as excluding conditions which are purely onerous and
burdensome, or which consists of duties merely. According to this
definition, human beings who have no rights are not persons, but things,
being classed with other things which have no rights residing in
themselves, but are merely the subject of rights residing in others.
Such, in the Roman law, down to the age of the Antonines, was in the
position of the Slave. Austin's Jur., vol 1,356.
The signification in our
jurisprudence.---,The word 'person,' in its primitive and natural sense,
signifies the mask with which actors, who played dramatic pieces in Rome
and Greece, covered their heads. These pieces were played in public
placed, and afterwards in such vast amphitheatres that it was impossible
for a man to be heard by all the spectators. Recourse was had to art;
the head of each actor was enveloped with a mask, the figure of which
represented the part he was to play, and it was so contrived that the
opening for the emmission of his voice made the sounds clearer and more
resounding, vox personabat, when the name persona was given to the
instrument or mask which facilitated the resounding Of his voice. The
name persona was afterwards applied to the part itself which the actor
had undertaken to play, because the face of the mask was adopted to the
age and character of him who was considered as speaking, and sometimes
it was his own portrait. It is in this last sense of personage, or the
part an individual plays, that the word persona is employed in
jurisprudence, in opposition to the word man, the part he plays in
society, abstractly, without considering the individual.-' 1 Bouvier's
Institutes, note 1.
Notice that this meaning Is not so
broad as that given by Ortolan. It does not Include artificial Persons.
Again he says: "As throwing light an the celebrated distinction between
jus rerum and jus personarum, phrases which have been translated so
absurdly by Blackstone and others,---rights of persons and rights of
things, Jus personum did not mean law of persons or rights of persons
but law of status, or condition. A person is here not a physcal or
individual person, but the status or condition with which he is
invested. It is a remarkable confirmation of this Gaius, in the margin
purporting to give the title or heading of this part of the law, has
entitled it thus: De' conditions hominum; and Theophilus, in translating
the Institutes of Justnian from Latin into Greek, has translated jus
personarum . . . . divisio personarum; understanding evidently by
persona . . . . not an Individual or physical person, but the status,
condition or character borne by physical persons. This distinctly shows
the meaning of the phrase jus personarum, which has been involved in
impenetrable obscurity by Blackstone and Hale. The law of persons is the
law of status or condition: the law of things is the law of rights and
obligations (a word of caution is necessary here against accepting this
statement as applicable to English and American law) considered in a
general manner or as distinguished from these peculiar collections or
rights and obligations which are styled conditions and considered apart
(Austin's Jur.,374).
A moments reflection enables one to
see that man and person cannot be synonymous, for there cannot be an
artificial man, though there are artificial persons. Thus the conclusion
is easily reached that the law itself often creates an entity or a being
which is called a person; the law cannot create an artificial man, but
it can and frequently does invest him with artificlal attributes; this
is its personality, which we see and by which we are affected.
The law does not distinguish
between men except by their personality, as king or magistrate, or as
parent or husband or wife, etc. While the idea may be difficult for the
to to grasp, the personality, i.e., this condition or status of man, is
entirely the creation of the law. By nature all men are created free and
equal, i.e., of equal rank, equal rights; but the law does not look upon
all men as equal, though in the law of the United States all men have
equal civil rights (see Ex parte Virginia, 100 U.S. 368).
The question is asked, Who is that
man? The reply would be, that is the king or lord or so and so, or the
chief justice or the president or governor. But what is the name of this
personage? The name indicates the man. The title, rank or legal standing
of the person.
The word "persons" denoted certain
conditions of rank or status with which a man was clothed by law. To
adopt the: language of the same author, "the term 'person.' as denoting
a condition or status, therefore equivalent to character (Hale nowhere
speaks or status, but uses the term "character" or Capacity."). It
signified, originally, a mask 'worn by a player, and distinguished the
character which he represented, from the others characters in the play.
From the mask which expressed the character. It was extended to the
character itself. From characters represented by players, or from
dramatic Characters, it was further extended by a metaphor to conditions
or status. For men as subjects of the law, are distinguished by their
respective condition, just as players, performing a play, are
distinguished by the several persons which they respectively enact or
sustain" (Austin's Jur., 363). As we strait see, the word had a still
broader meaning.
"A slave," says Holland, "having,
as such, neither rights or liabilities, had In Roman law. strictly
speaking, no 'status,' 'caput.' or 'persona.' On the day of his
manumisston, says Modestinus, "Incipit slatum habere.' Before
manumission, as we read in the Institutes, >nullum caput habuit
(Holland’s Jur., 81).
The following is the explanation
given by Mr. Sanders in his translation of the Institutes: "The word
persona had in the usage of the Roman law, a different meaning from that
which we ordinarily attach to the word 'person.' Whichever or whatever
was capable of having, and being subject to rights, was a persona. All
men possessing a reasonable will would naturally be personae; but not
all those who were physically speaking, men were personae. Slaves, for
instance, were not in a position to exercise their reason and will, and
the law, therefore refused to treat them as personae" (Slaves were not
persons In the United States until after the abollution of' slavery. 1
Hammonds Bik. 334, note).
"On the other hand, many personae
had no physical existence. The law clothed certain abstract conceptions
with an existence, and attached to them the capability of having and
being subject to rights. The law, for instance, spoke of the state as a
persona. It was treated as being capable of having the rights and of
being subject to them. These rights really belonged to the men who
composed the state, and they flowed from the constitution and position
of associated individuals. But, in the theory and language of law, the
rights of the whole community were referred to the state, to an abstract
conception interposed between these rights, and the individual members
of society. So, a corporation, or an ecclesiastical institution was a
persona, quite apart from the individual persona, quite apart from the
individual persona who formed the one and administered the other. Even
the fiscus, or the Imperial treasury, as being the symbol of the
abstract conception of the emporer's claims, was spoken of as a persona.
The technical term for the position of an individual regarded as a legal
person was status" (Sandars's Justinian, Introduction, p. 26).
Ortolan’s explanation of
personality. The substance of the above was undoubtedly taken from
Ortolan's treatment of the subject as given in his History of the Roman
Law, which is submitted because it is clear and concise: (Ortolan's
History of the Roman Law is among the best. It is, unfortunately, not
easily obtained).
"The word 'Person' (persona) does
not in the language of the law, as in ordinary language, designate the
physical man. This word in law has two acceptions: In the first, it is
every being considered as capable of having or owning rights, of being
the active or passive subject of rights."
Pilgrim - "All whom Moses calls wise are represented
as sojourners. Their souls are never colonists leaving heaven for a new
home. Their way is to visit earthly nature as men who travel abroad to see and
learn. So when they have stayed awhile in their bodies, and beheld through them
all that sense and mortality has to show, they make their way back to the place
from which they set out at first. To them the heavenly region, where their
citizenship lies, is their native land; the earthly region in which
they became sojourners is a foreign country." Philo.
"Pilgrim. ...In Scripture, one
that has only a temporary residence on earth. Heb. xi.
Webster,
Pilgrimage. ... In Scripture
the journey of a human life. Gen. xvii".
American Dictionary of the English Language (1828)
Vol. II p. 35.
"Sojourner. ...a stranger or traveler
who dwells in a place for a time."
American Dictionary of the English Language (1828)
Vol. II p. 75.
In the Holy Writ You Abba have spoke and we hear of Abraham
and his descendants" "And I will give to you, and your descendants after you,
the land in which you sojourn, all the land of Canaan, for an everlasting
inheritance; and I will be their God." (Genesis 17:8) "I am a stranger and a
sojourner with you; give me the possession of a burial ground with you that
I might bury my dead out of my sight." (Genesis 23:4) "And Jacob said to
Pharaoh, The days of the years of my pilgrimage are a hundred and thirty
years; few and difficult have been the years of my life, and I have not attained
to the days of the years of the life of my fathers in the days of their
pilgrimage." (Genesis 47:9) "Surely the land shall not be sold outright; for
the land is mine; you are strangers and sojourners with me." (Leviticus
25:23) "For we are like the proverb of the vapor and of the potter, and we are
sojourners before thee and a small people in the world, but thou didst
rule over our fathers of old, and thou didst command them by which way they
should walk and live." 1 Chronicles 29:15. One who looks on life as a spiritual
journey more than a mere physical existence
Pilgrimage - One’s spiritual journey through life that
looks beyond death for a larger fulfillment than that which their own lifetime
and earthly experience could afford. One’s realization that this life is not an
end in itself but a pilgrimage towards a better goal beyond it.
Posterity - All the descendants of a sentient human
being citizen of the Republic of New Lemuria in a direct line.
Record - A written memorial of all acts and
proceedings in an Action before Republic of New Lemuria Courts consisting of,
inter alia, entries of each successive step in the proceedings, chronicling
the various acts of The House For God’s Children, Regents, Almoners and
litigants and their counsell of choice, terminating with a judgment rendered in
the cause, and intended to remain as a perpetual and unimpeachable memorial of
the proceedings and judgment, provided same has been conducted throughout under
the Revealed Divine Law.
Historically,
Bouvier's Law Dictionary 1856 ed. states
"A written memorial made by a public officer authorized by
law to perform that function, and intended to serve as evidence of something
written, said, or done. 6 Call, 78; 1 Dana, 595.
2. Records may be divided into those which relate to the
proceedings of congress and the state legislatures - the courts of Biblical
common law - the courts of chancery - and those which are made so by statutory
provisions.
3. - 1. Legislative acts. The acts of congress and of the
several legislatures are the highest kind of records. The printed journals of
congress have been so considered. 1 Whart. Dig. tit. Evidence, pl. 112 and see
Dougl. 593; Cowp. 17.
4. - 2. The proceedings of the courts of Biblical common law
are records. But every minute made by a clerk of a court for his own future
guidance in making up his record, is not a record. 4 Wash. C. C. Rep. 698.
5. - 3. Proceedings in courts of chancery are said not to be,
strictly speaking, records; but they are so considered. Gresley on Ev. 101.
6. - 4. The legislatures of the several states have made the
enrollment of certain deeds and other documents necessary in order to perpetuate
the memory of the facts they contain, and declared that the copies thus made
should have the effect of records.
7. By the constitution of the United States, art. 4. s. 1, it
is declared that "full faith and credit shall be given, in each state, to the
public acts, records and judicial proceedings of every other state; and the
congress may, by general laws, prescribe the manner in which such acts, records
and proceedings shall be proved, and the effect thereof." In pursuance of this
power, congress have passed several acts directing the manner of authenticating
public records, which will be found under the article Authentication.
8. Numerous decisions have been made under these acts, some
of which are here referred to. 7 Cranch, 471; 3 Wheat. 234; 4 Cowen, 292; 1 N.
H. Rep. 242; 1 Ohio Reports, 264; 2 Verm. R. 263; 5 John. R. 37; 4 Conn. R. 380;
9 Mass 462; 10 Serg. & Rawle, 240; 1 Hall's N. York Rep. 155; 4 Dall. 412; 5
Serg. & Rawle, 523; 1 Pet. S. C. Rep. 352. Vide, generally, 18 Vin. Ab. 17; 1
Phil. Ev. 288; Bac. Ab. Amendment, &c., H; 1 Kent, Com. 260; Archb. Civ. Pl.
395; Gresley on Ev. 99; Stark. Ev. Index, h. t.; Dane's Ab. Index, h. t.; Co.
Litt. 260; 10 Pick. R. 72; Bouv. Inst. Index, h. t.
Regent - a. [L. regens, from rego, to rule] A
governing member in a congregation applying at all times only the Most High
God’s Divine Law to the consciousness and task at hand. Historically, 1. Ruling;
governing, as a regent principle. 2. Exercising vicarious authority. Milton.
Queen Regent, a queen who governs; opposed to queen consort. n. A governor; a
ruler, In a general sense, as Uriel regent of the sun. Milton. 2. One invested
with vicarious authority; one who governs a Kingdom in the minority, absence or
disability of the king- Encyc. The term is synonomous with the term seignior
signifying AA lord; the lord of a manor" Webster’s Disctionary of the
American Language 1828, Vol. II. pp 67; AIn its general signification, means
>lord,’ but in law it is particularly applied to the lord of a fee or manor; and
the fee, dominions, or manor of a seignor is thence termed a >seignory,’ i.e., a
lordship. He who is lord, but of no manor, and therefore unable to keep a court,
is termed a >seignor in gross’." Black’s Law Dictionary, 1st ed. 1891 pp.
1074-1075.
Royalties - Not the plural of "royalty"
signifying "only regalities; royal hereditaments." Black’s Law dictionary,
1st ed. 1891 pp. 1052. Synonomous with seigniorage signifying:
"A royalty or prerogative of the sovereign,
whereby an allowance of gold and silver, brought in the mass to
be exchanged for coin, is claimed. Cowell. Mintage; the charge
for coining bullion into money at the mint." Black’s Law
Dictionary 1st ed. 1891 pp. 1074-1074.
"Revenue or a profit taken from the minting
of coins, usually the difference between the value ofthe bullion
used and the face value of the coin. [Middle English
seigneurage, from Old French, from seignor]. The American
Heritage Dictionary, 3d ed., 1992 pp. 1634-1635.
Second Covenant - Each son and daughter of God has been freely
conceived [e.g. not in peonage] on the day of their nativity in ventre sa
mere, as a descendant of the Patriarchs including without limitation Adam,
Seth, Noah, Melchizedek and Abraham, and thereby claiming all rites of nativity
to the inheritance, promises, covenants and blessings to my Patriarchs Adam,
Seth, Noah, Melchizedek and Abraham, and the second Covenant of Lord Jesus, the
Christ, for You Abba speak and we hear:
"Behold the days are coming says the LORD, when I will make a new
covenant with the house of Israel and the house of Judah; Not like the
covenant I made with their fathers in the day that I took them by the
hand and brought them out of the land of Egypt; and because they
nullified my covenant, so I despised them, says the LORD; But this is
the covenant I will make with the house of Israel, after those days,
says the LORD: I will put my law in the midst of them, and I will write
it upon their hearts; and I will be their God, and they shall be my
people. And they shall teach no more every man his brother and every man
his neighbor, saying, Know the LORD; for they shall all know me, from
the youngest of them to the eldest of them, says the LORD; for I will
forgive their inequity and I will remember their sins no more." Jeremiah
31:31-34.
"For when God made a promise to Abraham, because there was none
greater than himself by whom he could swear, he swore by himself.
Saying, Blessing, I will bless you, and multiplying, I will multiply
you. And so he was patient and obtained the promise. for men swear by
one who is greater than themselves; and in every dispute among them, the
true settlement is by oaths. Therefore because God wanted to more
abundantly show to the heirs of the promise that his agreement was
unchangeable, he sealed it by an oath. Thus by the promise and by the
oath, both of which are unchangeable, and in neither of which could God
lie, we find courage to hold fast to the hope that has been promised by
him in whom we have taken refuge. That promise is like an anchor to us;
it upholds the soul so that it may not be shaken, and it penetrates
beyond the veil of the temple. Therein Jesus has previously entered into
the temple for our sakes, and become the high priest for ever after the
order of Melchizedek. For this Melchizedek was King of Salem, the priest
of the most high God, who Abraham met returning from the slaughter of
the kings and blessed him . . . And yet it is far more evident because
he said that another priest would rise after the order of Melchizedek,
One who was not appointed after the law of carnal commandments, but
after the power of life which abides forever. For he testified
concerning him, Thou are a priest for ever after the order of
Melchizedek . . . But now Jesus Christ has received a ministry which is
greater than that; just as the covenant in which he is made a mediator
is greater, than those given in the old covenant." Hebrews 7:10, 8:6.
Sentient Human Beings - Sacred souls in the form of
humans "being" having the faculty of perception through the senses.
Sojourn - More than just a physical trip or a journey,
sojourn Is a spiritual path one travels with the Intention of attaining
fulfillment towards a better goal beyond this life.
Sojourner - A sentient human being who views their
life as a spiritual journey. A stranger or foreigner. Because the church exists
in a sinful world that has rejected God, christians - citizens of the Kingdom of
God - are strangers in a foreign land. Therefore, faithful sojourners are on
guard, lest they adopt the ways of fallen society in which they live. See, 1
Pet. 2:11; 1 John 2:15-17.
Substantive - Of or relating to Natural or positive
Inalienable Rights of sentient human beings.
Sui Juris [Lat] - Of his own right; possessing full
social and civil rights; not under any legal disability, or the power of
another, or guardianship. Having capacity to manage one’s own affairs; not under
legal disability to act for one’s self. Black’s Law Dictionary, 1st. ed
(1891) pp. 1135.
Surety - The contractual binding of one man as
guaranteeing the performance of some behaviour to another, for it is forbidden
by the Word of God:
1 My son, if thou be surety for thy friend, if thou hast stricken thy
hand with a stranger, 2 Thou art snared with the words of thy mouth, thou art
taken with the words of thy mouth. 3 Do this now, my son, and deliver thyself,
when thou art come into the hand of thy friend; go, humble thyself, and make
sure thy friend. 4 Give not sleep to thine eyes, nor slumber to thine eyelids. 5
Deliver thyself as a roe from the hand of the hunter, and as a bird from
the hand of the fowler. 6 Go to the ant, thou sluggard; consider her ways, and
be wise: Proverbs 6:1-6 (KJV)
15 He that is surety for a stranger shall smart for it: and he that
hateth suretiship is sure. Proverbs 11:15 (KJV)
18 A man void of understanding striketh hands, and becometh surety in
the presence of his friend. 19 He loveth transgression that loveth strife:
and he that exalteth his gate seeketh destruction. Proverbs 17:18-19 (KJV)
22 By so much was Jesus made a surety of a better testament. Hebrews 7:22
(KJV)
Surname - The family name; the name over and above the
Christian name. The part of a name which is not given in baptism; the last name;
the name common to all members of a family. Black's Law Dictionary, 1st ed.,
1891.
Time - Because of the following principles, we reckon
time quite differently than that given by the Gregorian calendar. The principle
reason for these differences is the intention of us to conform to God’s truth as
it relates to God’s time, and to refrain from reckoning time to any counterfeit
measure man or any collection of men may which to impose in order to establish
dominion over us. The chart of Time, Weights and Measures attached hereto as an
Exhibit provides the method and manner of reckoning time.
"A measurable period or chronology experienced within the
consciousness of a specie on a given wavelength of light. In terms of Ain Soph,
'time’ and 'space’ do not exist." time differentiation between different orders
of creation is described as time-lag; where sub-creations experience events on a
time table slower that the master program. Hence, civilizations in a time-lag
act out events that have already taken place on higher levels of creation. Time
related functions built on the scope of quantitized sub-atomic particles. If one
is willing to acknowledge the possibility that electron and positron pairs may
replace some or all of the neutral particles, these pairs become the common
denominator and exhibit three principle energy levels. One can thereby explain
gravity, inertia, and >nuclear glue’ as electromagnetic force at the ultrahigh
frequency of 1024. This explanation of the material of the universe
would consequently be based upon electrons and positrons orbiting at a velocity
of the fourth root of 3 (x) pie x (c). with a relativistic mass almost twice
that of their rest mass. A time piece is a time structure connected with an
extra-planetary, extra-solar program of the Lords of Light and the Divine
councils. E.g. the digital computer at the Rujim Al-Hiri site, 10 miles east of
the Sea of Galilee, or >time clocks’ in South America which can calculate time
periods which can theoretically span 90 million years. the time piece
established the >measuring line’ for Yad ha-chazaqah, >the strong Hand’ of
Divine intervention in human history through the coming of >divinities’ who
serve God. According to Enoch, the 'underground foundation’ of the timepiece is
important for the disclosure of the master directrix giving the basic
co-ordinates for gravity-nullification. Neither The House For God’s Children,
any Regent or Almoner to this Agreement adopts the Gregorian calendar presented
by Pope Gregory circa 1582 A.D.
"In 1452, during the Age of Discovery, a papal edict called
the Doctrine of Discovery paved the way for artificial time by announcing
that if any Christian discovered a land occupied by non-Christians, the
Christian had the right to confiscate that land. The Doctrine of Discovery was
followed in 1582 by Pope Gregory XIII’s new calendar. The Pope took ten days out
of time:
On October 6, 1582, he went to bed and when he awoke the next
day it was October 16. the Gregorian calendar was unilaterally instituted by the
Vatican, because Christian armies of Europe had conquered most of the indigenous
peoples on the planet and needed to have a mental time-framing device for
imposing all of their religious holidays on the world. Within 200 years,
everyone in Europe and the colonies was using it: the >calendar of colonialism.’
By the beginning of the 20th century it was used by every nation on the planet,
because all banking activity (such as mortgages and interest rates) is based on
it. Every law created by any government in the 20th century is based on this
calendar." Perceptions Magazine, July/August 1995 ed. pp. 50-55.
We signify time as an arbitrary dimensional construct within
the meaning of the Book of Enoch and The Keys of Enoch and therefore adopts the
calendar concepts of Hebrew origin [See, The Chumash, The Stone edition,
ArtScroll Series, Rabbi Nosson Scherman/Rabbi Meir Zlotowitz editors, 1933. pp.
348-3501, Secrets of Time, Steven E. Jones, 1996) stating at page 200:
"The Hebrew word for 'month’ is the same word
translated 'moon’. This is because a Hebrew month was a lunar
cycle from the first crescent to the first crescent. It was very
practical for the people in those days, many of whom wandered
through the wilderness shepherding their sheep to find pasture.
No matter where they were, they always had their calendar
painted in the night sky and would soon be experts at knowing
precisely which day of the month it was at any given time.
However, twelve lunar months only came to 354 days in the year.
It was about 11 days short of a solar year. If they had simply
declared the new year every twelve months, it would not have
been long before Passover would have been in February or
October. Worse yet, their Sabbath years would have also begun 11
days earlier every year as well, and this would have caused
havoc in their agriculture. this was also a problem among the
other nations who used a lunar calendar. The problem was solved
everywhere by the addition of a 13th month every few years,
delaying the beginning of the next year by a whole month."
As set out in The Celtic Druids’ Year, by John King,
Blandford Book Publishing, Wellington House, London, 1995, pp. 142-144:
"To set the background, and to further explain the problem of
the Coligny Calendar, here are some very basic facts about the year. A year is
365.2421789 days, or 365 days 5 hours 48 minutes and 45.975 seconds, in
duration, a day being 24 hours. The sidereal year, which means the year measured
as if we were on the surface of the sun watching the orbit against the
background of other stars, is about 20 minutes longer. We shall examine the
difference in more detail in chapter 10. Our modern Gregorian calendar is very
slightly out of step with physical reality of the year, since it is based on the
slightly different year length of 365.2425 days. As a result, our calendar gains
and extra day once in every 3,320 years -- a problem our descendants will have
to deal with in due course. This precision of number may seem drearily modern
and scientific, but civilizations considered primitive by our standards were
capable of similar precision. Mayan astronomers successfully calculated the
length of the year as 365.242 days, which is certainly accurate enough for many
purposes. the Druids probably calculated the Golden Year to an accuracy of two
days in 18.61 years, despite having no clocks.
Days are measured by the movements of the Earth and the Sun.
The calendar of modern Western civilization is a solar calendar. The awkward
additional hours, roughly a quarter of a day, which are left over at the end of
the year are accommodated by a system of making every fourth year into a leap
year of 366 days. this system was first proposed by the Greek mathematician
Eudoxus, a pupil of Plato’s, who lived from 408 to 355 B.C., and so it is
remarkably ancient, as well as being reasonably effective, despite its
simplicity. It is not entirely effective, however, and the great shift from the
Julian to the Gregorian calendar brought with it the loss of 11 days, necessary
to reconcile the gains accumulated over centuries. The change was proposed by
Pope Gregory in 1582 and introduced into Italy and other Catholic countries, but
the new calendar was not introduced into Britain until 1752, when the
loss of eleven days precipitated riots because people thought that they had been
deprived of part of their lives by >popish’ machinations. the solar calendar,
complex as it is, is child’s play by comparison with the lunar calendar, in
other words the system of reckoning the year by the apparent waxing and waning
of the moon. Nevertheless, many religions are still based on the lunar calendar,
which explains why the feasts and festivals of many religions and nations,
particularly the Eastern ones, appear on different days from year to year in the
solar, or Western, calendar. The best-known movable feast in the Christian
calendar is Easter, based on its variable date of the full moon preceding it. A
full lunation, that is, the complete cycle from one moon phase to its
repetition, is 29 days 12 hours 44 minutes 3 seconds, although that is only a
mean value. As with the Sun, the period required for the moon to complete one
revolution measured against the stars (or sidereal revolution) is different from
the observed period between identical phases (called the synodic period). While
the synodic period is just over twenty-nine and a half days, sidereal revolution
is only 27 days, 7 hours 43 minutes 11.5 seconds. . . However, if we assume a
lunar month of 28 days (Graves associates it with the menstrual cycle), and
calculate 13 months to the year, we now have this multiplication: 13 x 28 ‘ 364,
which only leaves us the odd day and a quarter to accommodate. Graves makes the
convincing point that the very ancient phrase >a year and a day’, found in many
of the Celtic law tracts, as well as in countless myths, legends and fairy
stories, accords very neatly with this calendrical method. . . .
The system worked passably well ever since, despite the
turmoil over the loss of 11 days brought about the change to the Gregorian
calendar, mentioned on page 143, and the minor problem of remembering whether
the year is counted as a leap year or not ( it is not, unless it is divisible by
400 as well as 100). The Gregorian calendar does have two disadvantages. The
first is that different months have different lengths and we have to learn
mnemonic rhymes to remember which are 30 days in length and which are 31 (or 28
or 29). the second is that it is not perfectly accurate: every 3,320 years it
generates one day too many as was noted earlier.
Other significant calendar systems in the modern world are
the Russian, the Muslim and the Jewish. The Russian calendar is a solar
calendar, but it is more accurate that the Gregorian. The Russians designate all
years as 365 days, apart from the years which, when divided by 9, leave 2 or 6
as a remainder -- these are 366 days in length. This complex but ingenuous
calendar generates an extra day only once in every 45,000 years. The Muslim
calendar has 12 months of 29 days and 30 days alternately, making a year of 354
days -- the Muslim New Year therefore >retreats’ 11 days in the Western calendar
each year. The Jewish calendar attempts to reconcile lunar and solar months.
Like the Muslim calendar, it has 12 months of alternate lengths, 29 days and 30
days. However, when the >missing’ solar days have accumulated sufficiently, a
thirteenth month is added. this is very similar to the ancient Babylonian system
. . . There is no inherent reason why a year should have 12 months, apart from
the obvious that a year has 12 lunations [note 13 periods between each
lunation]. . .
It seems highly likely that the Druids chose 13 as the number
to work with. It comes immediately after 8 in the Fibonacci series, and it is
the sum of 8 and 5, both of which seem to have been especially important
numbers: 8 because of the eight regions of three dimensional space and the cycle
of eight festivals, 5 because it was the number of the goddess herself, of the
marriage of female (two) and male (three), and the number of the sacred
pentagram within the golden ratio or Divine Proportion is to be found. The ratio
of months to stations of the year, or festivals, would be 13 divided by 8, in
other words a simple approximation of the Golden Ratio itself.
Unalienable Rights -All positive rights of sentient
human beings vested at Nativity and acknowledged, but not created, in the
revealed Divine Law of the Most High God.
Usury - At no time shall we participate in lending
upon usury, interest or otherwise, as such practice under whatever disguise it
may be called simply violates the Seven Noahide Laws which prohibit stealing,
lying and usurping God’s sovereignty. Usury is historically defined as the
lending of anything of substance upon interest or a guaranteed return,
prohibited without exception by revealed Divine Law:
If you lend money to any of my people who are
the poor among you, you shall not be to him as a usurer, neither
shall you take any usury from him. Exodus 22:25
You shall not take a discount of him or
usury; but fear your God, but that your brother may live with
your. You shall not lend him your money with a discount nor give
him your food with usury. Leviticus 25: 35-36.
You shall not lend with interest to your
brother: interest of money, interest of grain, and interest of
anything that is lent with interest. Deuteronomy 23:19
He that lends not out his money with
interest, nor takes a bribe against the innocent. He that does
these things is upright and shall never be moved. Psalms 15:5.
Behold, the LORD shall destroy the earth and
lay it waste and turn it upside down and scatter its
inhabitants. And it shall be, as with the people, so with the
priest; as with the servant, so with his master; as with the
maid, so with her mistress; as with the buyer, so with the
seller; as with the lender, so with the borrower; as with the
creditor, so with the debtor. Isaiah 24:1-2
The prophet Ezekiel at chapter 18 verses 1-23 advises and
warns:
The word of the LORD came to me saying, son
of man, why do you use this proverb in the land of Israel,
saying, the parents have eaten our sour grapes, and the
children’s teeth are set on edge. As I live, says the LORD god,
this proverb shall never be used again in Israel. Because all
souls are mine; the soul of the father, so also the soul of the
son is mine; the soul that sins, it shall die. But if a man
be righteous and do justice and righteousness, and has not eaten
the meat sacrificed to idols on the mountains, neither has
lifted up his eyes to the idols and the altars of the house of
Israel, neither has defiled his neighbor’s wife, nor has come
near a menstruous woman, and has not harmed any one, but has
restored to the debtor his pledge; has given bread to the
hungry, and has covered the naked with a garment; He has not
lent money with usury, neither loaned with a discount; has
withdrawn his hand from iniquity, and has executed true judgment
between man and man; Has walked in my commandments, and has kept
my judgments, and has done justice; he who does so is a
righteous man and shall surely live, says the LORD God.
If he begets a son who is a wicked man, a
shedder of blood, and does any one of these evil things, And
eats the meat sacrificed to idols on the mountains, and defiles
his neighbor’s wife, Oppresses the poor and needy, extorts from
his neighbor, restores not the pledge to its owner, lifts
up his eyes to idols, commits abomination, Lends money with
usury, and takes a discount; shall he then live? He shall
not live: because he has done all these evil things; he shall
surely die; his blood shall be upon him.
But if he begets a son, who sees all
the sins of his father had committed, and shall not do likewise,
and who shall not eat meat sacrificed to idols on the mountains,
neither shall lift up his eyes to idols of the house of Israel;
shall not defile his neighbor’s wife, Oppresses no man, takes
no pledge from any one, extorts no one, but shall give his bread
to the hungry and cover the naked with a garment; Who does not
refuse to help the poor, who charges no usury or discount,
executes my judgments, and walks in my commandments; he shall
not die for the iniquity of his father, he shall surely live.
As for his father, because he cruelly oppressed and extorted
from his brother and did nothing that is good among his people,
lo, he is dead in his own sins.
And if they should say, Why does not the son
bear the sins of his father? say to them, Because the son has
done that which is lawful and right and has kept all my
commandments, he shall surely live. The should that sins,
that soul shall die. The son shall not bear the sins of his
father, neither shall the father bear the sins of his son;
the righteousness of the righteous shall be upon him, and the
wickedness of the wicked shall be upon him. But if the wicked
will turn from all his sins which he has committed, and keep all
my commandments, and do that which is lawful and right, he shall
surely live, he shall not die. All his sins which he has
committed, they shall not be remembered against him; but in the
righteousness which he has done shall he live. I have no
pleasure in the death of a sinner, says the LORD God; but rather
that he should return from his evil ways and live."
Visitation is the act of examining into the affairs of
a corporation. The power of visitation is applicable only to ecclesiastical and
eleemosynary corporations. 1 Bl.Comm. 471; 2 Kyd on Corp. 174. The visitation of
civil corporations is by the government itself, through the emdium of the courts
of justice. Vide 2 Kent, Com. 240. Bouvier’s A Law Dictionary Adapted to the
Constitution and Laws of the United States of America, Vol. ii (1839) pp.
478-479.
Visitor, is an inspector of the government, of
corporations or bodies politic.. 1 Bl.Comm. 482. Vide Dane’s Ab. Index h.t.
Bouvier’s A Law Dictionary Adapted to the Constitution and Laws of the United
States of America, Vol. ii (1839) pp. 478-479.
Way - The teachings of Lord Jesus the Christ embodied
by the spiritual essence of a sentient human.
Witness -
6. On the testimony of two witnesses or three witnesses shall
he that is worthy of death be put to death; but on the testimony of one witness,
he shall not be put to death. 7. And the hand of the witnesses shall be first
against him to put him to death, and afterwards the hands of the people. So you
shall destroy the evildoers among you. Deuteronomy 176-7.
15. A single witness shall not rise up against a man for any
offense, or for any crime, in whatever offense or crime he may commit; on the
testimony of two witnesses, or on the testimony of three witnesses, shall a
charge be established. 16. If a false witness rise up against any man, and
testify against him that which is wrong; 17. Then both the men between whom the
controversy is, shall stand before the LORD, before the priests and judges who
shall be in those days; 18. And the judges shall investigate the case
diligently; and behold, if the witness has deliberately testified falsely
against his brother; 19. Then you shall do to him as he had thought to do to his
brother; so shall you put the evil away from among you. 20. And those who remain
shall hear, and fear, and shall never again commit any such an evil thing among
you; 21. Any your eye shall not pity; but life shall be for life, eye for eye,
tooth for tooth, hand for hand, foot for foot. Deuteronomy 19:15-21
You shall not bear false witness against your neighbor.
Exodus 20:16.
In addition to its literal meaning of false testimony in court, this passage
prohibits gossip and slander (Sforno). the Sages apply it to prohibit
testimony even in cases where a witness is convinced that something took place
but he did not actually see it. For example, if someone's scrupulously honest
teachers or friends told him about something, he may not claim to be a witness.
Moreover, if a teacher has one valid witness and asked a disciple to come to
court so he would appear to be a witness, and thereby bluff the defendant
into admitting the truth, the disciple may not comply. (Shevous 31a).
Mechilta finds that this commandment is parallel to the fourth commandment
of the Sabbath. The Sabbath is a testimony that God created the world in six
days; thus, one who lies in court may well come to deny God as the Creators.
[End of Glossary]
APPENDIX OF FORMS
The following forms are prepared for analysis and use by competent lawyers
conversant with the law of the Republic of New Lemuria, and its relationship to
the international community. These forms may or may not be suitable for the
purpose the reader intends, and competent international lawyers conversant with
the law of the Republic of New Lemuria should be consulted before any attempt to
use any one or all of the forms.
D R A F T Heter Iska Calling for Monthly Payments.
[Used for Example Purposes Only]
I, the undersigned Trustee of ________________________________, a Trust
organized under the law of the Republic of New Lemuria (hereinafter the
"Trust"), have received the sum of ___________ troy ounces [Gold/Silver] from
________________ (hereafter referred to as the "Investing Partner"), to be used
for business purposes of the Trust. I obligate the Trust to utilize these funds
in a manner which I believe will generate an increase. Any increase realized
shall be shared equally between the Investing Partner and the Trust. Any claim
of no increase must be verified through the testimony of two qualified witnesses
in, and under conditions acceptable to, a Republic of New Lemuria Permanent
Court of Arbitration. Any claim regarding the amount of increase generated by
this ___________ troy ounces [Gold/Silver] shall be verified under solemn
statement, before and under conditions acceptable to, a Republic of New Lemuria
Permanent Court of Arbitration. The amounts due hereunder, if any, to the
investor shall be payable monthly, on the first of every month. If the increase
is being paid in a timely manner, the return of the sum invested herewith shall
not be required until __________________. If there is no increase during any
given month, the investor shall be notified of this immediately. It is
specifically agreed that if I pay as Trustee of the Trust, to the Investing
Partner, the monthly sum of ______________ troy ounces [Gold/Silver] as payment
for his share of the increase which is generated, if any, then I will not be
required to make an solemn statement, nor will I be required to notify the
investing partner regarding the increase which was realized, if any. Additional
increase, if any, shall be the sole hereditaments of the Trust. In the event
that the monthly payment or notice which is required herein is not given, the
presumption shall be that the _______________ troy ounces [Gold/Silver] invested
have continued to generate an increase equal to or greater than the amount
required by the monthly payment. I have received ________________ from the
Investing Partner as payment for my services during the term of our partnership.
In the event of any conflict between the terms of this Iska agreement and the
terms of any other agreement signed by the two parties in regard to these funds,
the terms of this agreement shall prevail.
This agreement shall follow the guidelines of Heter Iska as explained in
Sefer Bris Yehudah. It is agreed that any dispute which may arise in connection
with this agreement shall be submitted before a Republic of New Lemuria
Permanent Court of Arbitration.
Lawyer's Fees, Venue; Arbitration. Should any
litigation be commenced between the Parties hereto concerning the construction,
governance, enforcement or subject matter of this Agreement, or the rights or
duties of any Party hereunder, then the prevailing Party(ies) in such litigation
shall be entitled, in addition to such other relief as may be granted, to a
reasonable sum as and for her/his/its lawyer's fees for such litigation, which
litigation shall only be filed before an arbitration tribunal presided over a
Republic of New Lemuria Permanent Court of Arbitration, which tribunal shall
only apply the governing revealed Divine Law described below, and which
tribunal's decision shall be binding and final on all Parties. The foregoing
description of lawyer's fees shall further include, without limitation, all such
fees and costs of appeal incurred in any such litigation. Any Party in such
litigation may be represented by counsel (whether or not licensed by any State
as an attorney at law) of his/her/its choice to be designated in the initial
pleadings filed in any such litigation.
Entire Agreement. This Agreement and the
Exhibits attached hereto, supersede any and all agreements, either oral or
written, between the Parties hereto with respect to the subject matter hereof;
and, contain all covenants, representations, agreements, warranties and
understandings between the Parties and their agents. Each Party to this
Agreement acknowledges, represents and warrants to the other that no
representations, inducements, promises or agreements, orally or otherwise, have
been made by any Party, or anyone acting on behalf of any Party, which are not
expressly set forth herein; and that no other agreement, statement,
representation, promise or understanding not expressly set forth in this
Agreement shall be valid or binding.
Waiver, Amendment or Modification. No waiver,
amendment or modification of this Agreement or of any covenant, condition or
limitation herein contained shall be valid unless in writing, sealed and
executed by all the Parties hereto. No evidence of any waiver, amendment or
modification shall be afforded or received in evidence in any proceeding,
litigation arising out of or affecting this Agreement, or the rights or
obligations of any Party, unless such waiver or modification is in writing and
duly executed by the Parties hereto.
Provisions Severable; Place of Performance. Governing
Law, Waiver.
If any provision of this Agreement is held to be invalid,
void, or unenforceable by any tribunal described herein, all the remaining
provisions will nevertheless continue in full force and effect without being
impaired or invalidated in any way. The Parties hereto acknowledge and agree the
place of performance of this Agreement shall be at the Republic of New Lemuria,
an ecclesiastical sovereignty established by Melchizedek at or before the time
revealed in Genesis 14:17-24, now reflected geographically at both Karitane
island and Taongi atoll located in the South and North Pacific respectively,
freely associated and congregated as an ecclesiastical "State" as that term is
signified in the "Convention of Rights and Duties of States" done at Montevido,
Uruguay on 12.26.34 [T.S. 881, 165 L.N.T.S. 19, 3 Bevans 145, 49 Stat. 3097, and
which Dominion is geographically and politically distinct from all other nation
states, districts or political subdivision thereof. Nothing contained in this
Agreement is intended by the parties to consent to or participate in the
"conduct of any trade or business", "commerce" or any business within any
alleged federal, UNITED STATES', Federal STATE, any Federal DISTRICT, the
DISTRICT OF COLUMBIA, STATE OF NEW COLUMBIA, DC or EU enclave of jurisdiction,
including, but without limitation to any "State" or "Federal area"
described in the Buck Act at 4 U.S.C.S., Sections 71, 105, 106, and 110 (d) and
(e); 18 U.S.C.S. et seq., 28 U.S.C.S. §§ 3002 (14) and (15) and 31 U.S.C.S., et
seq., respectively, and in Jurisdiction Over Federal Areas Within States,
Report of Interdepartmental Committee for the Study of Jurisdiction Over Federal
Area Within States", submitted to the Attorney General and President
Eisenhower (Part I, April 1956; Part II, June 1957)
Governing Divine Law; Procedure; No Third Party
Beneficiary(ies).
A.) Revealed Divine Law. This Agreement shall
be exclusively governed by, construed and enforced only in
accordance with the revealed Divine Law conforming to the following
Seven Noahide Laws of the Melchizedek Covenant
1. You shall not serve any God but the Most High
Creator of heaven and earth.
2. You shall not doubt that faith is the only requirement for
eternal salvation.
3. You shall not bear false witness.
4. You shall not kill.
5. You shall not steal.
6. You shall not commit adultery.
7. You shall not show disrespect for your parents or elders;
together with the Covenant Law between the Most High
God and Adam, Seth, Noah, Melchizedek, Abraham, Moses and Yehoshua found
in The Holy Bible (Peshitta translation of G. Lamsa, 1933) (hereinafter
collectively the "revealed Divine Law") signified by Sir William
Blackstone as follows:
"Considering the creator only as being of infinite power, he
was able unquestionably to have prescribed whatever laws he pleased to
his creature, man, however unjust or severe. But as he is also a being
of infinite wisdom, he has laid down only such laws as were
founded in those relations of justice, that existed in the nature of
things antecedent to any positive precept. These are eternal, immutable
laws of good and evil, to which the creator himself in all his
dispensations conforms; and which he has enabled human reason to
discover, so far as they are necessary for the conduct of human actions.
Such among others are these principles: that we should live honestly,
should hurt nobody, and should render to every one his due; to which the
three general precepts Justinian has reduced the whole doctrine of law.
[Juris praecepta, sunt haec, honeste vivere, alterum non laedere,
suum cique tribuere] . . .
This law of nature, being co-eval with mankind and dictated by God
himself, is of course superior in obligation to any other. It is binding
all over the globe, in all countries, and at all times: no human laws
are of any validity, if contrary to this; and such of them as derive
their force, and all their authority, mediately or immediately, from
this original. . .
The doctrines thus delivered we call the revealed or divine law, and
they are to be found only in the holy scriptures. These precepts, when
revealed, are found upon comparison to be really a part of the original
law of nature, as they tend in all their consequences to man’s felicity.
But we are not from then to conclude that the knowledge of these truths
was attainable by man’s reason, in its present corrupted state; since we
find that, until they were revealed, they were hid from the wisdom of
the ages. As then the moral precepts of this law are indeed of the same
original with those of the law of nature, so their intrinsic obligation
is of equal strength and perpetuity. Yet undoubtedly the revealed law is
(humanly speaking) of infinitely more authority than what we generally
call the natural law. Because one is the law of nature, expressly
declared so to be by God himself; the other is only what, by the
assistance of human reason, we imagine to be that law. If we would be
certain of the latter as we are of the former, both would have equal
authority; but, till then, they can never be put in competition
together.
Upon these two foundations, the law of nature and the law of
revelation, depend all human law; that is to say, no human laws should
be suffered to contradict these. There is, it is true, a great number of
indifferent points, in which both the divine law and the natural law
leave man at his own liberty; but which are found necessary for the
benefit of society to be restrained within certain limits. And herein it
is that human laws have their greatest force and efficacy; for, with
regard to such points as are not indifferent, human laws are only
declaratory of, and act in subordination to the former. To instance in
the case of murder: this is expressly forbidden by the divine, and
demonstrably by natural law; and from these prohibitions arises the true
unlawfulness of this crime. Those human laws, that annex a punishment to
it, do not increase it’s moral guilt, or superadd any fresh obligation
in foro conscientiae to abstain it’s perpetration. Nay, if any
human law should allow or injoin us to commit it, we are bound to
transgress that human law, or else we must offend both the natural and
the divine. But with regard to matters that are themselves indifferent,
and are not commanded or forbidden by those superior laws; such for
instance, as exporting wool into foreign counties; here the inferior
legislature has scope and opportunity to interpose, and make that action
unlawful which before was not so." 1 Blackstone’s Commentaries 40-42.
B.) Procedure. All procedural rules of the
Permanent Court of Arbitration (Peace Palace the Hague), or Republic of New Lemuria Permanent Court of Arbitration, or the Hebrew Beit Din, as
chosen by the Party who first files a "Notice of Intent to Arbitrate",
which rules are not inconsistent with the foregoing revealed Divine Law
shall be exclusively applied to any litigation concerning this
Agreement. All provisions, terms and sections of any national, federal,
regional, district, county, canton, city or municipal "secular" law,
rule, regulation or code are hereby declared to be expressly excluded
for all purposes and for all times from this Agreement including by way
of enumeration and not limitation the execution, interpretation,
construction, enforcement, governance and all other applications to this
Agreement.
C.) No Third Party Beneficiaries. The Parties
hereto covenant and agree to and with one another that there are no
intended or incidental third Party beneficiaries to this Agreement, or
to any Exhibit to this Agreement.
D.) Waiver. This Agreement to arbitrate
constitutes an acknowledgment of a waiver of sovereign immunity by the
Republic of New Lemuria in each case where another state is involved,
provided that such other State has also first agreed to waiver sovereign
immunity to which it might otherwise be entitled with respect to the
enforcement of an arbitral award constituted pursuant to this
Agreement."
Judgment rendered by the aforesaid authority may be entered in any court
having jurisdiction thereof.
________________, Trust
by Trustee
Signature of the Recipient [L.S.]________________________, Trustee
Dated ______________
Signature of the Investor [L.S.]________________________
Dated ______________
Witnesses:
In witness whereof the above-mentioned parties have entered
into this Heter Iska agreement on this _________ day of the _____________
month in the Year of the Most High God______________________________
________________________________________________________________.
Signature of Witness [L.S.]________________________
Signature of Witness [L.S.]________________________
2. DRAFT Basic Trust Agreement
The Day of the Month in the Year of Our Lord Jesus Christ, One Thousand Nine
Hundred Ninety Eight
______________________________________________________________________
______________________________________________________________________
- and -
THE OFFICE OF ABBOTT OF THE SACRED ORDER OF MELCHIZEDEK, AND HIS SUCCCESSORS,
A CORPORATION SOLE
SETTLEMENT
called
______________________________[DISCRETIONARY] [PURE] TRUST
INDEX
CLAUSES
1. Interpretation
2. Proper Law and Forum for Administration
3. Declaration of Trust of Original and Additional Property
4. Trust of Income and Capital
5. Powers of Variation and Appointment
6. Provisions of Variation and Appointment
7. Payments to Charity
8. Payments to Infants
9. Powers of Exclusion
10. Power of Addition
11. Power to Ignore Interests
12. Power to Change Proper Law
13. Power to Determine Trust Period
14. Additional Powers of the Trustees
15. Exercise of Powers
16. Delegation of Powers
17. Restriction and Release of Powers
18. Restriction on Exercise of Powers
19. Power of Appointment of New or Additional Trustees
20. Power to Remove Trustees
21. Trustees' Mode of Acting
22. Discharge of Retiring Trustee
23. Trustee Liability and Indemnity
24. Remuneration of Trustees and Protector
25. The Protector
26. Provisions as to Excluded Persons
27. Exclusion of Trustees from Benefit.
28. Immovable Property
29. Irrevocability
30. Preliminary Expenses
FIRST SCHEDULE
1. General Power
2. Powers of Investment
3. Powers in Relation to Companies
4. Power to Employ Agents
5. Power to Employ Investment Adviser
6. Nominees and Custodians
7. Power to Make Loans
8. Power to Borrow Money
9. Protection for Purchasers and Others
10. Power to Permit Use of Trust Fund by Beneficiaries
11. Power to Pay Duties and Taxes
12. Power to Apportion between Income and Capital
13. Power to Appropriate
14. Power to Engage in Trade
15. Power to Take Legal Advice
16. Power to Guarantee Debts
17. Powers in Relation to Legal Proceedings
18. Power to Give Receipts
19. Power to Effect Compromises
20. Power to Insure Trust Property
21. Power to Give Indemnities
22. Power to Have Accounts Audited
23. Power to Keep Trust Property Outside the Jurisdiction
24. Powers as to Land
25. Power to Provide Indirect Benefits
26. Power to Provide Benefits to Other Settlements
27. Provision of Information to Beneficiaries
28. Residual Power
SECOND SCHEDULE - Initial Property
THIRD SCHEDULE - Beneficiaries
FOURTH SCHEDULE - Appointment of New Trustees
THIS DEED OF SETTLEMENT is made the * day of * One Thousand Nine Hundred and
Ninety Eight BETWEEN ______________________ __________________________ of
_______________________________________ (hereinafter called "the Settlor") of
the one part and , a the Office of Abbott of the Sacred Order of Melchizedek, a
corporation sole acknowledged in the Republic of New Lemuria as within the
Republic of New Lemuria Corporation Sole Act of 1991, and having its registered
office at Republic of New Lemuria Embassy, Olde Culdee Church, St. Columcille
Fellowship, Suite 200, Austin [78759], Texas (hereinafter called "the Original
Trustees") of the other part.
WHEREAS:
(A) The Settlor being desirous of making such irrevocable
Settlement as is hereinafter contained has had paid or
transferred to the Original Trustees or otherwise placed under
their control the money investments or other property specifie
in the Second Schedule hereto.
(B) It is anticipated that further money investment or other
property may hereafter be paid or transferred to the Trustees
(as hereinafter defined) to be held on the trusts hereof.
NOW THIS DEED WITNESSETH as follows:-
INTERPRETATION
1. IN this Deed wherever the context permits:-
(a) "Beneficiaries" means:-
(i) the persons specified in the Third Schedule
thereto; and
(ii) any person or class of persons who shall have been
added to the class of Beneficiaries pursuant to
Clause 10 hereof; and who in either case shall not
have ceased to be members of the class of
Beneficiaries pursuant to Clause 9 hereof;
(b) "Beneficiary" means any one of the Beneficiaries.
(c) "charity" means any organisation or institution whether
corporate or otherwise wherever situated or registered
which is established for charitable purposes and which
is recognised as charitable in the place where it is
situate registered incorporated or established but so
however that the expression "charity" does not include
any unincorporated organisation or institution unless
the same is established for charitable purposes
according to the Proper Law of this Settlement; And the
word "charitable" shall be construed accordingly;
(d) "company" means any corporate body (of whatsoever kind)
incorporated or otherwise brought into existence in any
part of the world;
(e) "Encumbrance" means any mortgage, pledge, lien, charge,
assignment, hypothecation, security interest and any
other security agreement or arrangement whatsoever;
(f) "Excluded Persons" means any person or class of persons
declared to be an Excluded Person or Excluded Persons
pursuant to Clause 9 hereof and who shall not have
ceased to be an Excluded Person or Excluded Persons
pursuant to such Clause;
(g) "Excluded Person" means any one of the Excluded
Persons;
(h) "Express Accumulation Period" means the period of
twenty-one years from the date of this Deed;
(i) "infant" means wherever the word shall so appear in
this Deed and only so far as it shall appear any
individual who has not attained the age of twenty-one
notwithstanding that such individual may be and in
accordance with the law of his or her domicile be of
full age, and the expression "full age" shall be
construed accordingly.
(j) "person" means any individual any organisation any
institution or other body of persons whether corporate
or unincorporate and whether charitable or not;
(k) "this Settlement" means the settlement to be known as
THE____________________TRUST created by this Deed;
(l) "Settlement domicile" means the Republic of New Lemuria or such
other country state or territory by whose laws this
Settlement shall pursuant to the provisions hereof for
the time being exclusively be governed;
(m) "Protector" means the person (if any) for the time
being constituted as the Protector pursuant to Clause
25 hereof;
(n) "Proper Law of this Settlement" means the law for the
time being exclusively governing the rights of all
parties and the construction and effect of each and
every provision of this Settlement and by which such
rights construction and effect are for the time being
construed and regulated;
(o) "Trustees" means the Original Trustees or other trustee
or trustees for the time being of this Settlement and
"Trustee" means a sole trustee or one of the Trustees
as the context permits;
(p) "Trust Fund" means:-
(i) the money investment or other property specified
in the Second Schedule hereto;
(ii) all money investments or other property
hereafter paid or transferred by any person or
persons to or so as to be under the control of and
(in either case) accepted by the Trustees as
additions to the Trust Fund;
(iii) all accumulations of income made pursuant to the
provisions of Clause 4(c)(i) hereof;
(iv) the money investment and property from time to
time representing the same respectively;
(q) "Trust Period" means the period from the date hereof
until whichever of the following dates shall first
occur namely:-
(i) the date on which shall expire the period of
eighty years from the date of this Deed;
(ii) such date (if any) as the Trustees may at their
discretion appoint by deed or deeds or by
declaration in writing executed prior to the date
specified in paragraph (i) of this sub-clause
pursuant to the provisions of Clause 13;
(r) the word "Trust" shall mean any trust created by any
settlement declaration of trust will or codicil or
other instrument under the law in force in any part of
the world and a person shall be deemed to be interested
under a trust if any capital or income comprised in the
trust is or may become liable to be transferred paid
applied or appointed to him or her or for his or her
benefit either pursuant to the terms of the trust or
in consequence of an exercise of any power or
discretion thereby conferred on any person;
(s) references to the issue of any person shall include the
children and remoter issue of such person through all
degrees and any adopted or legitimated person shall be
treated as the child of his adoptive or legitimative
parents as the case may be and of no other person;
(t) words in the singular shall include the plural and
words in the plural shall include the singular;
(u) words importing the masculine gender shall include the
feminine and neuter genders and vice versa;
(v) headings and sub-headings are inserted for convenience
only and shall be ignored in construing the trusts
powers and provision herein declared and contained.
PROPER LAW AND FORUM FOR ADMINISTRATION
2. (a) THIS Settlement is established under the laws of the
Republic of New Lemuria and (subject and without prejudice to
any
transfer of the administration of the trusts hereof or
to any change in the Proper Law of this Settlement duly
made according to the powers and provisions hereinafter
declared) the Proper Law of this Settlement shall be
the law of the Republic of New Lemuria;
(b) the Courts of the Republic of New Lemuria shall be the forum for
the administration hereof Provided that the Trustees
may at any time or times and from time to time during
the Trust Period transfer the administration of the
trusts hereof to some other country state or territory
whereupon the Courts of that country state or territory
shall be the forum for the administration hereof.
DECLARATION OF TRUST OF
ORIGINAL AND ADDITIONAL PROPERTY
3. THE Trustees shall stand possessed of the Trust Fund upon with and subject
to the trusts powers and provisions herein declared and contained of and
concerning the same and the Trustees shall be at liberty at any time or times
during the Trust Period to accept any money investments or other property of
whatsoever nature and wheresoever situate from any person or persons or by will
or by the provisions of any other trust or otherwise to the intent that the same
shall be held by or on behalf of the Trustees as an accretion to the Trust Fund
and from and after the date of such acceptance the Trustees shall hold the same
accordingly.
TRUST OF INCOME AND CAPITAL
4. SUBJECT as hereinafter provided the Trustees shall stand possessed of the
Trust Fund and the income thereof upon the trusts and with the powers following,
that is to say:-
(a) upon trust during the Trust Period to pay appropriate
or apply the whole or such part of the income of the
Trust Fund as the Trustees may in their absolute
discretion think fit to or for the maintenance or
otherwise for the benefit of all or such one or more
exclusive of the other or others of the Beneficiaries
in such shares and proportions if more than one and
generally in such manner as the Trustees shall in
their absolute discretion think fit;
(b) to hold any income appropriated to a Beneficiary under
the provisions of the preceding paragraph of this
Clause to pay or apply the same to or for the benefit
of such Beneficiary with power to declare such other
trusts in respect of the same (without infringing any
rule against perpetuities applicable thereto) for the
benefit of such Beneficiary as the Trustees may in
their absolute discretion determine including (but
without prejudice to the generality of the foregoing)
provisions for maintenance education or advancement or
for accumulation of income whether during minority or
otherwise and with such discretionary trusts and
powers exercisable by such persons as the Trustees
shall in their like discretion determine;
(c) notwithstanding the trusts aforesaid the Trustees
shall have the following powers:-
(i) during the Express Accumulation Period (but only
during such time as is not prohibited by any
applicable law restricting the period during
which income of any part thereof may be
accumulated under this Settlement) to accumulate
the whole or any part or parts of the income of
the Trust Fund as the Trustees may in their
absolute discretion think fit and any income
which the Trustees shall accumulate pursuant to
this paragraph shall be and be dealt with as an
accretion to the capital of the Trust Fund as one
fund therewith or as a separate fund whichever
the Trustees may in their absolute discretion
think proper;
(ii) to pay, transfer or apply the whole or any part
or parts of the capital of the Trust Fund to or
for the benefit of all or any one or more
exclusive of the other or others of the
Beneficiaries and in such respective amounts if
more than one and generally in such manner as the
Trustees may in their like discretion think fit;
(iii) to pay or transfer the whole or any part or parts
of the capital or income of the Trust Fund to or
confer any benefit directly or indirectly upon
the trustees for the time being of any other
trust (wheresoever established or existing and
whether governed by the Proper Law governing this
Settlement at the time the power contained herein
is exercised or by the law of any other country
state or territory) under which any one or more
of the Beneficiaries are interested
(notwithstanding that such other trusts may also
contain trusts powers and provisions
discretionary or otherwise in favour of some
other person or persons or objects) if the
Trustees shall in their absolute discretion
consider such payment or transfer to be for the
benefit of such one or more of the Beneficiaries
and so that after such payment or transfer the
money investments and property so paid or
transferred shall (i) cease to be regarded as
held upon the terms of this Settlement for all
the purposes of this Settlement and (ii) cease to
be regarded as the Trust Fund or part of the
Trust Fund of this Settlement as the case may be
for all the purposes of this Settlement;
(iv) to settle the whole or any part or parts of the
capital of the Trust Fund on all or any one or
more exclusive of the other or others of the
Beneficiaries as the Trustees may in their
absolute discretion think fit and any settlement
made by the Trustees under this present power
upon or for the benefit of any one or more of the
Beneficiaries as aforesaid may be created in and
under the law of any part of the world (being a
part of the world the local law whereof
recognises settlement of the kind proposed to be
made) and may contain such trust powers and
provisions whatsoever (including trusts powers
and provisions to be exercised at the discretion
of any person or persons) as the Trustees shall
think proper for the benefit of such
Beneficiaries;
(v) to apply the whole or any part or parts of the
capital or income of the Trust Fund as the
Trustees may in their absolute discretion think
fit in or towards the payment or discharge of any
estate duty capital transfer tax or other tax
duty or fiscal imposition whatsoever levied or
imposed in any part of the world upon the
trustees of or otherwise in respect of any other
trust in which the Beneficiaries or any one or
more of them shall be interested wherever such
trustees shall be resident and wherever such
trust is established or existing and whether
governed by the law which is the Proper Law of
this Settlement at the time the power contained
herein is exercised by the law of any other
country estate or territory;
(d) at the expiration of the Trust Period (and subject to
any exercise of the foregoing powers) upon trust as to
both capital and income of the Trust Fund for all or
such one or more exclusive of the other or others of
the Beneficiaries in such shares and proportions if
more than one and generally in such manner as the
Trustees shall prior to or on the date of such
expiration in their absolute discretion determine and
in default of and subject to such determination upon
trust for such of the Beneficiaries as shall then be
living or in existence and if more than one in equal
shares absolutely;
(e) subject to the foregoing trusts (and to any exercise
of the foregoing powers) upon trust as to both
capital
and income for such charitable purposes as the
Trustees shall determine.
AND it is hereby declared that all income becoming
subject to the trusts of this Settlement shall be
treated as income accruing solely in respect of the
day on which it shall be received by the Trustees.
POWERS OF VARIATION AND APPOINTMENT
5 (a) NOTWITHSTANDING the trusts powers and provisions
hereinbefore declared and contained (but subject to
Clause 6(b) hereof) the Trustees may at any time or
times during the Trust Period if in their absolute
discretion they shall so think fit by any deed or
deeds revocable during the Trust Period or
irrevocable:-
(i) revoke add to or otherwise vary all or any of the
trusts powers or provisions of the Settlement
(including the powers conferred by this
Clause
and any trusts powers or provisions resulting
from any previous exercise of such powers) in
relation to all or any part or parts of the
Trust
Fund in such manner as in the opinion of the
Trustees is for the benefit of the
Beneficiaries
or any one or more of them exclusive of the
other
or others of them;
(ii) appoint such new or other trust powers and
provisions governed by the law of any part of
the
world of and concerning the Trust Fund or any
part or parts thereof for the benefit of the
Beneficiaries or any one or more of them
exclusive of the other or others at such age
or
time or respective ages or times and in such
shares and proportions and subject to such
powers
of appointment vested in any person or
persons
and such provisions for maintenance education
or
advancement or for accumulation of income
during
minority or for the purpose of raising a
portion
or portions or for forfeiture in the event of
bankruptcy and otherwise at the discretion of
any
person or persons and with such discretionary
trusts and powers exercisable by such person
and
generally in such manner as the Trustees may
think fit for the benefit of such
Beneficiaries
or any one or more of them as aforesaid;
(b) in the event of any variation or appointment under
sub-clause (a) of this Clause the Trustees shall
thenceforward hold the Trust Fund or the part or parts
thereof to which such variation or appointment related
subject to the terms of any such variation or
appointment.
PROVISIONS RELEVANT TO CLAUSES 4 and 5
6. (a) THE provisions of Clauses 4 and 5 shall have effect
notwithstanding any rule of law or equity restricting
the delegation of a power or discretion;
(b) without prejudice to the generality of Clauses 18 and
27 hereof:-
(i) no power conferred by Clauses 4 or 5 hereof shall
be capable of being exercised or of becoming
operative after the expiration of the Trust
period or in such a manner as to infringe any
rule against perpetuities applicable hereto
so as
to render any trust powers or provisions void
for
uncertainty or illegality;
(ii) no power conferred by Clause 4 or 5 hereof shall
be capable of being exercised in any manner which
would or might directly or indirectly result
in
any of the Excluded Persons obtaining any
direct
or indirect beneficial interest or
eligibility to
benefit hereunder or under or by virtue of
any
other trust nor shall the definition of
"Excluded
Persons " in Clause 1(f) hereof be restricted
but
so however that nothing in this paragraph
shall
prevent the Trustees from releasing or
restricting the future exercise of the powers
conferred in Clause 9 hereof whether under
the
power conferred by Clause 17 hereof or under
any
power that may be conferred pursuant to
Clause 5
hereof;
(iii) Clauses 4 and 5 hereof shall not be capable of
being varied under the power conferred by
Clause
5(b)(i) hereof so as to enable the powers
conferred by those Clauses to be exercised in
favour of persons other than Beneficiaries
nor
shall the definition of "Beneficiaries" or
"Beneficiary" in Clause 1(a) hereof be varied
but
so however that:-
(aa) the restriction herein contained shall not
prejudice the powers conferred by Clause 9
or 10 hereof and the powers conferred by
Clause 5 hereof may be exercised
notwithstanding that persons or
Qualifying
Settlements (as defined in Clause 10
hereof)
who or which are subsequently added
as
Beneficiaries under Clause 10 hereof
may
benefit by virtue of any such
exercise;
(bb) (subject to the restriction in paragraph
(ii) above) the powers conferred by Clause
5 hereof may be exercised in a manner
which
in the opinion of the Trustees is for
the
benefit of the Beneficiaries or any
one or
more of them notwithstanding that
persons
other than Beneficiaries may also
benefit in
consequence of the exercise of such
powers;
(cc) an appointment may be made under Clause
5(a)(ii) hereof in favour of one or more
Beneficiaries with a view to enabling those
Beneficiaries to benefit another Beneficiary
or other Beneficiaries and an appointment
(including a revocable appointment)
may be
made with a view to enabling income
to be
accumulated during the minority or
minorities of any Beneficiary or
Beneficiaries in reliance on any
statutory
provision for the time being
applicable to
the trusts hereof;
(c) none of the powers conferred by Clause 5 hereof shall
be capable of being exercised so as to prejudice or
otherwise affect any prior payment or application of
any income or capital of the Trust Fund under any
other trust power or provision hereof;
(d) none of the powers conferred by Clause 5 hereof shall
be capable of being exercised so as to override or
otherwise prejudice or affect any discharge right
privilege immunity or indemnity enjoyed by any former
Trustee or former Protector immediately prior to such
exercise without the prior written consent of the
former Trustee or former Protector concerned;
(e) upon any payment or transfer pursuant to Clause 4 of
any money or property to the trustees of any other
trust the Trustees shall not be bound to see to the
further application of such money or property;
(f) where the context permits (and subject to any express
provisions contained in a deed made under Clause 5(a)
hereof) references in this Deed to the trusts powers
and provisions of this Settlement shall include any
trusts powers and provisions constituted or conferred
by any exercise of the powers under Clause 5(a)
hereof.
PAYMENTS TO CHARITY
7. IN execution or exercise of the trusts powers and provisions hereinbefore
contained the Trustees may at the request of any Beneficiary if they in their
absolute discretion shall so think fit pay or apply any part of the capital or
income of the Trust Fund to or for the benefit of any charity or other
charitable objects approved by such Beneficiary and any such payment or
application shall be deemed to be for the benefit of such Beneficiary and the
Trustees shall not be restricted by any rule of law as to the amount or manner
of such payment or application and the receipt in writing of the Treasurer or
other officer of the charity concerned shall be a sufficient discharge to the
Trustees for any capital or income paid to such charity hereunder.
PAYMENTS TO INFANTS
8. WHERE the Trustees are authorised or required to pay or apply any income
or capital of the Trust Fund to or for the benefit of any person who is an
infant the Trustees may in their absolute discretion:
(a) pay the same to him or her as his or her absolute
property notwithstanding that he or she is an infant
and the receipt of any such infant Beneficiary shall
be a good discharge to the Trustees therefore; or
(b) pay the same to any parent or guardian of such infant
or apply the same in such manner as may be directed
in
writing by such parent or guardian and the receipt of
such parent or guardian in either case shall be a
sufficient discharge to the Trustees for any income
or
capital so paid or applied and the Trustees shall not
be responsible to see to the application thereof.
POWERS OF EXCLUSION
9. (a) THE Trustees may by declaration in writing made at any
time or times during the Trust Period declare that the
person or members of a class named or specified
(whether or not ascertained) in such declaration who
are would or might but for this Clause be or become a
Beneficiary or Beneficiaries or be otherwise able to
benefit hereunder as the case may be:-
(i) shall be wholly or partially excluded from future
benefit hereunder;
or
(ii) shall cease to be a Beneficiary or Beneficiaries;
or
(iii) shall be an Excluded Person or Excluded Persons
and any such declaration may be irrevocable
or
revocable during the Trust Period and shall
have
effect from the date and for the period
specified
in the said declaration provided that this
power
shall not be capable of being exercised so as
to
derogate from any interest to which any
Beneficiary has previously become
indefeasibly
entitled whether in possession or in
reversion or
otherwise;
(b) any person of full age to whom or for whose benefit
any capital or income of the Trust Fund may be liable
whether directly or indirectly to be appointed paid
transferred or applied in any manner whatsoever by or
in consequence of an exercise of any trust power or
discretion vested in the Trustees or in the Trustees
during the Trust Period either revocably (but
revocable during the Trust Period only) or
irrevocably
may:-
(i) disclaim his interest as an object of such trust
power or discretion either wholly or with
respect
to any specified part or share of such
capital or
income; or
(ii) declare that he shall cease to be a Beneficiary;
or
(iii) declare that he shall be an Excluded Person and
such declaration shall have effect from the date
on which the same is received by the Trustees.
POWER OF ADDITION
10. (a) SUBJECT to sub-clause (d) of this Clause the Trustees
shall have the power at any time or times during the
Trust Period to add to the class of Beneficiaries
such
one or more persons as the Trustees shall in their
absolute discretion determine;
(b) without prejudice to the generality of sub-clause (a)
of this Clause but subject always to sub-clause (d)
of
this Clause the Trustees may add to the class of
Beneficiaries the trustees or trustee for the time
being of any Qualifying Settlement (as defined below)
in their his or its capacity as such trustees or
trustee And so that:-
(i) any capital or income of the Trust Fund which
shall become transferable or payable to the
trustees or trustee of any Qualifying Settlement
who in their his or its capacity as such have or
has been included in the class of Beneficiaries
under this power shall be transferred or paid to
such trustees or trustee freed and discharged
from the trusts powers and provisions of this
Deed but subject to the trusts powers and
provisions of the Qualifying Settlement concerned
and the receipt of such trustees or trustee for
such transfer or payment shall be a completed
discharge to the Trustees therefor;
(ii) for the purposes hereof "Qualifying Settlement"
means any trust (whether made before or after the
date of this Deed and whether governed by the law
of the Republic of New Lemuria or by the law of any
other
country territory or state and by whomsoever
constituted whether a corporation or individual
or otherwise) in the case of which the following
conditions are satisfied at the date of the
inclusion of the trustees or trustee thereof in
the class of Beneficiaries namely:-
(aa) no trustee thereof is an Excluded Person;
(bb) no Excluded Person has any direct or
indirect beneficial interest or eligibility
to benefit thereunder;
(cc) in relation to any property or income
derived from this Settlement under
any trust
power or discretion herein contained
the
trusts and provisions thereof are
such that
had they been included in this Deed
none of
them would have been void or
potentially
void for perpetuity;
(dd) in relation to any property or income
derived from this Settlement under
any trust
power or discretion herein contained
the
period within which the income
thereof may
be accumulated pursuant to the
discretions
and powers thereof does not exceed
the
period within which the income hereof
may be
accumulated without infringing the
rule
against excessive accumulations for
the time
being applicable hereto.
Provided that if any Qualifying
Settlement
the trustees or trustee of which have
or has
been included in the class of
Beneficiaries
under this power at any time ceases
to
satisfy the conditions mentioned
above
(whether by reason of the trustees or
trustee thereof or persons
beneficially
interested thereunder becoming
Excluded
Persons or otherwise) then such
trustees or
trustee shall automatically cease to
be
members or a member of the class of
Beneficiaries;
(c) any such addition shall be made by declaration in
writing signed by the Trustee and shall:-
(i) name or describe the person or persons to be
thereby added to the class of Beneficiaries; and
(ii) specify the date (not being earlier than the date
of the declaration but during the Trust Period)
from which such person or persons shall be so
added.
(d) notwithstanding the foregoing no Excluded Person or
Excluded Persons may be added to the class of
Beneficiaries under the powers conferred by this
Clause nor may any trustee be so added save in his or
its capacity as trustee of a Qualifying Settlement
under which he or it is excluded from benefit at
least
to the same extent as is provided by Clause 28
hereof.
POWER TO IGNORE INTEREST
11. THE Trustees in exercising any of the powers and discretions hereby
conferred in favour of any particular persons are hereby expressly authorised to
ignore entirely the interest of any other person interested or who may become
interested under this Settlement and in particular (but without prejudice to the
generality of the foregoing) no appointment or advancement made in exercise of
any power herein before contained shall be invalid on the grounds that:-
(a) an insubstantial illusory or nominal share is
appointed to any one or more objects of such power or
left unappointed; or
(b) any object of such power is thereby altogether
excluded but every such appointment or advancement
shall be valid notwithstanding that any one or more
objects of the power is or are not hereby or in
default of appointment to take any share in the Trust
Fund.
POWER TO CHANGE PROPER LAW
12. (a) THE Trustees may at any time or times and from time to
time during the Trust Period by deed or deeds or by
declaration in writing declare that this Settlement
shall from the date of such declaration be governed
by
the law of some country state or territory (being a
place under the law of which all of the trusts powers
and provisions herein declared and contained will be
enforceable and capable of being exercised and so
governed and this Settlement will be irrevocable)
other than the Settlement domicile Provided that
(without prejudice to the generality of Clauses 18
and
27) no such declaration shall be made which:-
(i) would infringe the rule against perpetuities
applicable under the law of the place subject to
which this Settlement is created; or
(ii) which would or might directly or indirectly
result in any of the Excluded Persons obtaining
any direct or indirect beneficial interest or
eligibility to benefit hereunder;
(b) with effect from the date of any such declaration as
aforesaid the rights of all parties and the
construction and effect of each and every provision
hereof shall accordingly thenceforth be governed
construed and regulated exclusively by the laws of
such other country state or territory as aforesaid
(in
lieu of the Settlement domicile);
(c) so often as any such declaration as aforesaid shall be
made the Trustees shall be at liberty to make such
consequential alterations or additions in or to the
trusts powers and provisions of this Settlement as
the
Trustees may consider necessary or desirable to
ensure
that the trusts powers and provisions of this
Settlement shall (mutatis mutandis) be as valid and
effective as they are under the proper law governing
this Settlement at the time the power contained
herein
is exercised.
POWER TO DETERMINE TRUST PERIOD
13. THE Trustees may at any time in their discretion by deed or deeds or by
declaration in writing signed by them declare the Trust Period to be determined
in relation either to the whole of the capital of the Trust Fund or to any part
or parts thereof to the intent that the capital of the Trust Fund or such part
or parts thereof respectively as shall be specified in such deed or deeds or
declaration shall be held upon the trusts and subject to the powers and
provisions upon and subject to which the same would then be held if the Trust
Period had then expired by affluxion of time and such declaration shall take
effect accordingly.
ADDITIONAL POWERS OF THE TRUSTEES
14. THE additional trusts powers and provisions set forth in the First
Schedule hereto shall have effect as if set forth in this Clause.
EXERCISE OF POWERS
15. (a) THE Trustees shall exercise the powers and discretions
vested in them (including without prejudice) to the
generality of the foregoing those set forth in the
First Schedule hereto) as they shall think most
expedient for the benefit of all or any of the
persons
actually or prospectively interested under this
Settlement and may exercise (or refrain from
exercising) any power or discretion for the benefit
of
any one or more of them without being obliged to
consider the interest of the others or other;
(b) subject to the previous sub-clause every discretion
vested in the Trustees shall be absolute and
uncontrolled and every power vested in them shall be
exercisable at their absolute and uncontrolled
discretion and the Trustees shall have the same
discretion in deciding whether or not to exercise any
such power;
(c) each decision of the Trustees as to the exercise of
any discretion vested in them shall be final and
conclusive and binding on all persons who are or may
become in any way interested hereunder.
DELEGATION OF POWERS
16. THE Trustees shall have power (notwithstanding any rule of law or equity
to the contrary) by power of attorney or by other deed or deeds or by
declaration in writing revocable during the Trust Period or irrevocable to
delegate for any period to any person the execution or exercise of all or any
trust powers and discretions by this Settlement or by law conferred on the
Trustees.
RESTRICTION AND RELEASE OF POWERS
17. THE Trustees the Protector and the Settlor shall have power at any time
or times by deed or deeds or by declaration in writing signed by them revocable
during the Trust Period or irrevocable to release or to any extent restrict the
future exercise of any powers hereby or (in the case of the Trustees) by law
conferred on them respectively notwithstanding the fiduciary nature of any such
power provided that the power conferred upon the Trustees by Clause 10 hereof
shall not be capable of being released or restricted unless at the date of any
such release or restriction there are at least two Beneficiaries.
RESTRICTION ON EXERCISE OF POWERS
18. DESPITE anything contained elsewhere in this Settlement no discretion or
power conferred by this Deed on the Trustees or on any other person shall be
capable of being exercised or becoming operative after the expiration of the
Trust period or in such a way as to infringe any rule against perpetuities or
excessive accumulations applicable hereto.
POWER OF APPOINTMENT OF NEW OR ADDITIONAL TRUSTEES
19. (a) IF any Trustee whether original additional or
substituted (being an individual) shall die or shall
be adjudicated bankrupt or (being a company) shall be
dissolved or (whether an individual or a company)
shall give notice of his or its desire to withdraw
and
be discharged from the trusts hereof under the
provisions of sub-clause (b) of this Clause or shall
refuse or become unfit or unable to act then the
person specified in the Fourth Schedule hereto for
the
time being having power to appoint new or additional
trustees may (subject always to the exclusions if any
specified in the said Fourth Schedule) by deed or
deeds or by declaration in writing appoint one or
more
other persons or companies (wherever resident or
domiciled) to be a trustee or trustees hereof in
place
of the Trustee or Trustees so deceased bankrupt
dissolved desiring to withdraw and be discharged or
refusing or becoming unfit to act;
(b) if any Trustee shall at any time desire to withdraw
and be discharged from the trust hereof he or it may
so do by notice in writing signed by himself or in
the
case of a corporate Trustee by any of its officers
given to the person having for the time being power
to
appoint new or additional trustees hereof and upon
the
posting or personal delivery of such notice the
Trustee so doing shall cease to be a trustee hereof
to
all intents and purposes except as to acts and deeds
necessary for the proper vesting of the Trust Fund in
the continuing or new Trustee or Trustees or
otherwise
as the case may require;
(c) the person specified in the Fourth Schedule hereto for
the time being having the power to appoint new or
additional trustees shall (subject always to the
exclusions if any specified in the said Fourth
Schedule) have power to appoint one or more other
persons or companies wherever resident or domiciled
in
the world to be an additional trustee or trustees
hereof;
(d) acts and deeds done or executed for the proper vesting
of the Trust Fund in new or additional trustees shall
be done and executed by the continuing or retiring
Trustee or Trustees at the expense of the income or
capital of the Trust Fund provided that an outgoing
Trustee who is liable as a trustee hereof or who may
at the death of any person be liable as a trustee
hereof or who may at the death of any person be
liable
as a former trustee hereof for any taxes wherever
they
may be imposed and of whatsoever nature shall not be
bound to transfer the Trust Fund unless reasonable
security is provided for indemnifying such outgoing
Trustee against such liability;
(e) any new or additional Trustee appointed under the
provision hereof or by a court of competent
jurisdiction shall have such powers rights and
benefits as to remuneration or otherwise at or prior
to his or its appointment as may be agreed in writing
(in case of a trustee appointed as hereinbefore
provided) between such new or additional Trustee and
the person or persons making such appointment or (in
the case of a Trustee appointed by a court) as the
order appointing such Trustee may direct;
(f) on every change in the trusteeship a memorandum shall
be endorsed on or permanently annexed to this Deed
stating the names of the Trustees for the time being
and shall be signed by the persons so named and any
person dealing with this Settlement shall be entitled
to rely upon such memorandum (or the latest of such
memoranda if more than one) as sufficient evidence
that the Trustees named therein are the duly
constituted Trustees for the time being hereof.
POWER TO REMOVE TRUSTEES
20. NOTWITHSTANDING the provisions of sub-clauses (a) and (b) of Clause 19
the Settlor during his lifetime and thereafter the Protector shall (subject
always to the exclusions if any specified in the Fourth Schedule hereto) have
power during the Trust Period at his absolute discretion and without giving
reasons therefore by notice in writing given to the Trustees to remove any or
all of the Trustees and to appoint one or more other persons or companies
(wherever resident or domiciled) to be a trustee or trustees in place of the
Trustee or Trustees so removed.
TRUSTEES' MODE OF ACTING
21. (a) THE Trustees if at any time they are more than one
shall act jointly.
(b) any execution or exercise by the Trustees of any trust
power or discretion conferred on the Trustees by this
Settlement or by law may be made:-
(i) in the case of a sole corporate Trustee in the
manner set out in sub-clause (c) of this Clause;
or
(ii) in writing signed by all (or where sub-clause (d)
of this Clause applies by a majority of) the
Trustees; or
(iii) by a resolution duly passed at a meeting of the
Trustees or otherwise pursuant to sub-clause (d)
of this Clause;
(c) every Trustee which is a company may execute or
exercise or concur in executing or exercising any
trust power or discretion by this Settlement or by
law
conferred on the Trustees by a resolution of such
company or by a resolution of its board of directors
or governing body or may delegate the right and power
to execute or exercise or concur in executing or
exercising any such trust power or discretion to any
one or more members of its board of directors or
governing body or to any one or more of its officers
and employees or to a representative appointed for
the
purpose by its board of directors or governing body;
(d) in the event of disagreement between the Trustees as
to any matter affecting the Trust Fund or as to the
execution or exercise or omission or abstention from
executing or exercising any of the trusts powers and
discretions by this Settlement or by law conferred on
the Trustees:-
(i) the matter for decision shall be referred to a
vote of all the Trustees (either at a meeting of
the Trustees or by telephone telex facsimile
transmission telegram or post or any other means
of communication agreed upon by the Trustees);
(ii) in the event of there being a majority for or
against the proposal the Trustees shall give
effect to the wishes of such majority as
though
it were a decision by all the Trustees; and
(iii) in the event of deadlock the vote of the Trustee
who has held office as Trustee for the
shortest
period will be treated as not having been
given
so that a majority for or against the
proposal
can be arrived at;
(e) every Trustee not being a sole Trustee which is a
company may attend meetings of the Trustees by its
representative appointed as provided in sub-clause (c)
of this Clause;
(f) the Trustees shall keep in a Minute Book minutes of
all decisions and determinations of the Trustees and
a copy of all resolutions of the kind referred to in
sub-clause (c) of this Clause but such minutes shall
not be required to contain the reasons for any
determination or record the actual votes cast for or
against a resolution of the Trustees by individual
Trustees but only the fact of the passing of such
resolution and the date thereof if it was passed and
the Trustees may determine to keep separate Minute
Books relating to transactions in different countries
states territories colonies or possessions and may
determine from time to time where such Minute Books
shall be kept but a minute of the determination to
establish any such separate Minute Book must be made
in the Principal Minute Book of the Trustees;
(g) the Minute Books referred to in sub-clause (f) of this
Clause shall be available for reasonable inspection by
all Trustees and retired Trustees;
(h) any Trustee may keep a separate record or note of the
deliberations of the Trustees and where the Trustee in
question is a company any member of such company's
board of directors or governing body or committee (as
the case may be) in such form as he thinks fit which
will remain his property and will not be available for
inspection.
DISCHARGE OF RETIRING TRUSTEE
22. IF a Trustee ceases to be a Trustee hereof or becomes for any reason
incapable of acting as a Trustee hereof such Trustee shall be released and
discharged from all claims demands actions proceedings and accounts of any kind
on the part of the person (whether in existence or not) actually or
prospectively interested under this Settlement or an act or thing done or
omitted in execution or purported execution of such trusts other than and except
only those: (1) arising from any fraud or dishonesty in or to which such Trustee
or (in the case of a corporate trustee) any of its directors,officers or
employees was a party; (2) to recover from such Trustee trust property or the
proceeds of trust property in possession of such Trustee or previously received
by such Trustee or (in the case of a corporate Trustee) any of its directors,
officers or employees and converted to its
or his use.
TRUSTEE LIABILITY AND INDEMNITY
23. (a) NONE of the Trustees shall be liable for any loss to
the Trust Fund or any of the Beneficiaries or any
person who may at any time have been a Beneficiary
arising either directly or indirectly from any act or
omission in the professed execution or exercise of
the
trusts powers and discretions hereby or by law
conferred on them unless due to the fraud or
dishonesty of the Trustee (or in the case of a
corporate Trustee any director officer or employee of
the Trustee) sought to be made liable and without
limiting the generality of the foregoing none of the
Trustees shall be liable for:-
(i) any improper investment made in good faith;
(ii) the acts or defaults of any agent employed in
good faith by them or by any of them
(notwithstanding that the employment of such
agent was not strictly necessary or expedient);
(iii) the acts or defaults of any person to whom
shall
have been delegated the execution or exercise of
all or any of the trusts powers and discretions
hereby or by law conferred on the Trustee
Provided such delegation shall have been made in
good faith;
(iv) the acts or defaults in good faith (in the case
of a corporate Trustee) of any director, officer,
employee or representative of the Trustee; or
(v) any mistake made in good faith;
(b) the Trustees may take as correct such accounts as may
be furnished to them and shall not be obliged to
verify the same;
(c) each Trustee shall be indemnified out of the Trust
Fund against all losses liabilities claims demands
actions damages costs and expenses incurred by it or
him in connection with this Settlement except those
resulting from such Trustee's fraud or dishonesty (or
in the case of a corporate Trustee the fraud or
dishonesty of any director officer or employee of
such
Trustee) and shall have a lien over the Trust Fund in
respect thereof, such lien to take precedence over
all
beneficial interest in or under the Trust Fund.
REMUNERATION OF TRUSTEES AND PROTECTOR
24. (a) ANY Trustee (being a company) shall be entitled to
reimbursement of its proper expenses and to
remuneration for the services provided by it to the
Settlement in accordance with its terms and
conditions
for such services in force from time to time and in
the absence of any such terms and conditions in
accordance with such terms and conditions as may from
time to time be agreed between it and the Settlor or
(if the Settlor is dead or otherwise unfit unable or
unwilling to act) the Protector and any such Trustee
shall also be entitled to retain without being liable
to account therefore any commission brokerage fee or
other profit received by or allowed to it in
connection with any transaction concerning this
settlement;
(b) any Trustee who carries on the business of banking may
act as banker for this Settlement on the same terms as
those made with an ordinary customer without being
liable to account to the Trust Fund for any profits
earned thereby except for interest payable on any sums
placed with such Trustee on an interest bearing
account as an investment of any part of the Trust
Fund;
(c) no Trustee or director or other officer or employee of
any company which is a Trustee shall be liable to
account for any remuneration or other benefit or
profit received by it or him in consequence of acting
as or being appointed to be a director or officer of
or auditor accountant solicitor or other adviser to
any company even though his appointment was procured
by an exercise by him or by the Trustees of voting
rights attached to securities in the Trust Fund or by
any abstention from exercising such voting rights;
(d) (i) in this sub-clause (d) "associate" means the
ultimate holding company of the Trustee (being a
company) all subsidiary companies (other than the
Trustee) of such ultimate holding company and any
person firm or company regarded by any of the
Trustees as such ultimate holding company or such
subsidiaries as associated or affiliated with it
in business;
(ii) any Trustee shall be at liberty to enter into
any
bona fide transaction with an associate with
the
same freedom as it may with any other person
(including without limiting the generality of
the
foregoing the appointment of any associate as
banker, investment adviser, investment
manager or
broker to this Settlement) and any associate
of
such Trustee shall be entitled to retain
without
being liable to account for any profit
received
obtained or made by it in connection with any
transaction concerning this Settlement;
(e) any Trustee being a solicitor or any other person who
is engaged in the profession or business or any such
person associated with such trustee shall be
entitled:-
(i) to charge and be paid all usual professional or
other charges for business done and time
spent
and services rendered by him or his firm in
the
execution of the trusts and powers hereof
whether
in the ordinary course of his profession or
business or not and whether or not of a
nature
requiring the employment of a solicitor or
other
professional or business person; and
(ii) to retain without being liable to account
therefore any commission or brokerage
received by
or allowed to him or his firm in connection
with
any investment or change of investment of
trust
money or any insurance effected by the
Trustees
and any trust money at any time temporarily
held
by him or his firm in any bank account;
(f) the provisions of the preceding sub-clause of this
Clause shall apply to the Protector as if references
to the Protector were substituted for references to
the Trustee.
THE PROTECTOR
25. (a) THE Settlor may at any time by declaration in writing
appoint any person to be the first Protector;
(b) the Settlor shall during his lifetime have power at
any time and from time to time during the Trust
Period
at his absolute discretion and without giving reasons
therefore by notice in writing given to the Protector
and to the Trustees to remove the Protector and any
such notice shall be effective when the same is
received by the Trustees who shall cause a memorandum
of such removal to be endorsed on this Deed;
(c) a new Protector shall be appointed whenever the
Protector for the time being (being an individual)
dies or is adjudicated bankrupt or (being a company)
is dissolved or (whether an individual or a company)
desires to be discharged from the position of
Protector or shall refuse or become unfit or unable
to
act as Protector or is removed from the office of
Protector by the Settlor pursuant to sub-clause (b)
of
this Clause;
(d) whenever occasion arises for appointing a new
Protector such new Protector shall be appointed by
declaration in writing or by will or codicil signed
by
the person making such appointment and the same shall
be effective when the document or certified copy
thereof effecting the same is received by the
Trustees
who shall cause a memorandum of such appointment to
be
endorsed on this Deed;
(e) power to appoint a new Protector shall be vested in
the Settlor during his lifetime and thereafter in the
Protector for the time being unless the occasion
giving rise to the appointment of a new Protector is
the bankruptcy or dissolution of the Protector for
the
time being or the Protector for the time being
refusing or becoming unfit or unable to act as
Protector in which case the power to appoint a new
Protector shall be vested in the persons listed in
paragraphs 3 to 5 of the Fourth Schedule hereto in
order of priority;
(f) the exercise of the power to appoint a new Protector
by the Settlor or by the Protector by will or codicil
shall be effective notwithstanding that such will or
codicil or a certified copy thereof shall not be
received by the Trustees until after the death of the
Settlor or the Protector (as the case may be);
(g) if at any time there is for a period of one month no
Protector the Trustees shall from the expiration of
that period and unless and until a Protector is
appointed under sub-clause (d) of this Clause have
power themselves to appoint a person other than one
of
the Trustees to be the Protector and any appointment
duly made by them under this power shall have effect
in all respects as if it had been made under sub-
clause (c) of this Clause;
(h) in the exercise or non-exercise of the powers and
discretions conferred on the Protector by this
Settlement the Protector shall not at any time incur
any liability or responsibility whatsoever to any
Beneficiary or any other person interested in any
manner in this Settlement, and the Trustees shall at
all times keep the Protector indemnified from and
against all actions claims demands expenses and other
liabilities arising or incurred in respect of this
Settlement or in particular such exercise or non-
exercise of powers and discretions as aforesaid or
resulting therefrom including legal or other expenses
incurred in obtaining advice.
PROVISIONS AS TO EXCLUDED PERSONS
26. NO Excluded Persons shall be capable of taking any benefit of any kind by
virtue or in consequence of this Settlement and in particular but without
prejudice to the generalityof the foregoing provisions of this Clause:-
(a) the Trust Fund and the income thereof shall henceforth
be possessed and enjoyed to the entire exclusion of
any such Excluded Person and any benefit to him by
contract or otherwise;
(b) no part of the capital or income of the Trust Fund
shall be paid transferred or lent to or applied for
the benefit either directly or indirectly of any such
Excluded Person in any manner or in any circumstances
whatsoever; and
(c) no power or discretion hereby or by law conferred upon
the Trustees or any of them shall be capable of being
exercised in any manner which would or might directly
or indirectly result in any of the Excluded Persons
obtaining any direct or indirect beneficial interest
or eligibility to benefit hereunder or by virtue of
any other trust.
EXCLUSION OF TRUSTEES FROM BENEFIT
27. (a) SUBJECT to the following exceptions listed in sub-
clause (b) of this Clause the following persons,
namely:-
(i) each person which or who is for the time being a
Trustee hereof (but only during period of its or
his trusteeship); and
(ii) each individual who is a director, officer or
employee of any Trustee hereof (being a
company)
and the spouse and children of each such
individual (but in each case only during the
period of the trusteeship of such Trustee);
shall be excluded from benefit hereunder to
the
intent that no power or discretion hereby or
by
law conferred upon the Trustee or any of them
shall be capable of being exercised in any
manner
so as to benefit any of such persons;
(b) notwithstanding sub-clause (a) of this Clause none of
the Trustees shall be excluded from the following
benefits:-
(i) the benefits conferred on the Trustees by Clauses
24 and 25 hereof;
(ii) any benefit in the form of immunities or
indemnities rights of remuneration or rights
of
retention of profits which may be conferred
on
the Trustees or any of them as trustees or
protector of or in any other fiduciary
capacity
under any other trust; and none of the
persons
referred to in paragraph (ii) of sub-clause
(a)
of this Clause shall be excluded from any
benefit
which may be derived indirectly from any of
the
benefits referred to in paragraphs (i) or
(ii) of
this sub-clause (b).
IMMOVABLE PROPERTY
28. ANY immovable property which may be assured to or acquired by the
Trustees for the purposes of this Settlement shall (whether or not expressed to
be so assured or acquired) be held if situate in the Republic of New Lemuria
upon trust for sale with power to postpone the sale and if situate elsewhere
either with or without any trust for sale or conversion as the Trustees shall
think fit but nevertheless with power to sell the same.
IRREVOCABILITY
29. THIS Settlement shall be irrevocable.
PRELIMINARY EXPENSES
30. THE Trustees shall have power to pay out of the Trust Fund all expenses
of whatever nature incident to the creation of this Settlement.
IN WITNESS whereof the Settlor has set his hand and seal and the Original
Trustees have caused their Common Seal to be hereunto duly affixed the day and
year first before referred to.
SIGNED SEALED and DELIVERED )
by the said )
in the presence of:- )
SEALED with THE ABBOTT'S SEAL of
THE OFFICE OF THE ABBOTT OF THE SACRED
ORDER OF MELCHIZEDEK, AND HIS SUCCESSORS
A CORPORATION SOLE
and SIGNED as its Abbott
duly authorised agent BY Charter
THE FIRST SCHEDULE hereinbefore referred to
GENERAL POWER
1. Subject always to any restrictions expressly contained in this Settlement
the Trustees shall have all powers in relation to the property comprised in the
Trust Fund as an absolute beneficial owner of such property would have and their
powers shall not be restricted by any principle of construction (or rule or
requirement of the Proper Law of this Settlement save to the extent that such is
obligatory) but shall operate according to the widest generality of which the
foregoing words are capable notwithstanding that certain powers are hereinafter
more particularly set forth.
POWERS OF INVESTMENT
2. (a) The Trustees shall have power to invest the Trust Fund
in the acquisition by any means howsoever of such
investments or property of whatsoever nature and
wheresoever situate and whether involving liability
or
not and whether producing income or not or upon such
personal credit with or without security as the
Trustees shall in their absolute discretion and
without regard to any requirement as to
diversification think fit;
(b) without prejudice to the generality of the preceding
paragraph hereof:-
(i) the acquisition of any investment of a
speculative or wasting nature shall be deemed
to
be an authorised investment of trust moneys;
(ii) the acquisition of any reversionary interest in
property or any policy or securities or other
investments not producing income or in
respect of
which no dividend interest or rent is payable
shall be deemed to be an authorised
investment of
trust moneys;
(iii) the acquisition of any limited interest in
property or any annuity or policy or
securities
or other investments being of a wasting
nature
shall be deemed to be an authorised
investment of
trust moneys;
(iv) the Trustees shall have power to make any such
investment as is mentioned in sub-paragraphs
(ii)
and (iii) of this paragraph notwithstanding
that
the making thereof may effect or alter inter
se
the interests of the persons respectively
interested in capital and income hereunder.
(v) the Trustees shall have power pending the
investment thereof for any period to place
any
moneys forming part of the Trust Fund on
current
or deposit account with any bank or banks or
any
other company conducting the business of
banking
or accepting moneys on deposit in any part of
the
world and may open and maintain banking
accounts
in their joint names or in the name of any
one of
them or the name of this Settlement;
(vi) the Trustees may invest the whole or any part of
the capital or income of the Trust Fund in
effecting purchasing or otherwise acquiring
and
paying premium on any policy or policies of
assurance upon the life or lives of any
person or
persons whether such policies be wholelife or
endowment or policies to cover death within
any
term (howsoever short) or policies restricted
to
death by accident and generally upon any
terms
and conditions as the Trustees shall think
fit
and the Trustees shall have all the powers of
an
absolute beneficial owner as respects any
policy
forming part of the Trust Fund including the
power to exercise any option afforded by such
policy or to sell or realise any such policy
or
to convert the same into a fully paid up
policy
or into any other form of assurance;
(vii) the Trustees shall have power to leave any assets
subject to any of the trusts of this
Settlement
in the state of investment in which they may
be
from time to time;
(c) the Trustees shall have power at any time or times to
sell or call in any investments or property for the
time being comprised in the Trust Fund or transpose
or
convert the same into any other investments or
property the acquisition of which with moneys subject
hereto is hereby authorised.
POWERS IN RELATION TO COMPANIES
3. (a) The Trustees shall have power alone or jointly with
any other person to promote or to form any company or
companies in any country state or territory in the
world under the law of such country state or
territory
at the expense of the Trust Fund with limited or
unlimited liability upon such terms and for such
purpose as the Trustees may in their absolute
discretion think fit;
(b) the Trustees shall have power alone or jointly with
any other person to acquire by subscription purchase
or otherwise shares stock or other securities of any
description (whether partly or fully paid or with any
liability attaching thereto) in or of any company
wherever incorporated registered or resident upon
such
terms and for such purpose as the Trustees may in
their absolute discretion think fit;
(c) the Trustees shall have power to pay or transfer to
any such company or companies as are mentioned in
sub-
paragraphs (a) and (b) of this paragraph the whole or
any part of the Trust Fund and the consideration
therefore may consist wholly or partly of shares
stock
or other securities of any description (whether
partly
or fully paid up with any liability attaching
thereto)
or any bond bill note or other debt instrument or
obligation of any description in or of such company
or
companies or any other company or companies;
(d) in relation to any company wherever resident
registered or incorporated shares stock or other
securities in or of which form part or the whole of
the Trust Fund (notwithstanding that such shares
stock
or other securities carry the control of such
company)
and in relation to any other company which is
controlled by any such company (by voting or
otherwise):-
(i) the Trustees shall have power to exercise or
refrain from exercising all or any of the voting
or other rights of whatsoever nature
(including
rights of subscription conversion or
exchange)
conferred by or arising by virtue of the
ownership of such shares stock or other
securities in such manner as they shall in
their
absolute discretion think fit;
(ii) notwithstanding the foregoing the Trustees shall
not be under any duty to investigate or
interfere
in the management or conduct of the business
of
any such company (whatever the character of
the
business of such company and even though the
business of such company may be of a
speculative
character) but so long as the Trustees shall
have
no actual knowledge of any act of dishonesty
or
misappropriation of moneys on the part of the
directors officers or other persons having
the
management of such company the Trustees shall
have power to leave the conduct of its
business
(including the payment or non-payment of
dividends) wholly to such directors officers
or
other persons;
(iii) no Beneficiary shall be entitled to require the
distribution of any dividend by any such
company
or require the Trustees to exercise any
powers
they may have of compelling any such
distribution;
(iv) any of the Trustees and any director officer or
employee of any company which is a Trustee
may
act as a director or officer of or auditor
accountant solicitor or other adviser to any
such
company.
POWER TO EMPLOY AGENTS
4. The Trustees shall have power instead of acting personally to employ and
pay at the expense of the income or capital of the Trust Fund any agent in any
part of the world whether attorneys solicitors accountants brokers banks trust
companies or other agents to transact any business or do any act required or
which the Trustees in their absolute discretion consider it to be desirable to
be transacted or done in the execution of the trusts hereof including (without
in any way limiting the generality of the foregoing) the receipt and payment of
moneys and the execution of documents.
POWER TO EMPLOY INVESTMENT ADVISER
5. (a) Without prejudice to the generality of the preceding
power the Trustees may from time to time and at any
time employ on such terms and with such payment as
they may think fit any person firm or company in any
part of the world as an investment adviser for the
purpose of advising them as to the policy to be
followed in the investment of the Trust Fund or any
part thereof and if and so far as the Trustees follow
the advice proffered by such investment adviser they
shall not be responsible for the success or failure
of
the policy so pursued;
(b) in determining the payment to be made to such
investment adviser the Trustees may, if they
think fit, authorise such investment adviser to
retain for its or his own use and benefit any
commissions or shares of commissions customarily
or by usage payable to such investment adviser in
relation to any dealing or transaction with or
concerning the Trust Fund or any part thereof.
NOMINEES AND CUSTODIANS
6. (a) The Trustees shall have power to permit any moneys
bonds share certificates or other securities for
money
or documents of title to property real or personal
for
the time being subject to the trusts hereof to be and
remain deposited with some or one only of the
Trustees
or with any person or persons in any part of the
world
and permit any investments securities or other real
or
personal property which or any share or interest
therein shall be for the time being subject to the
trusts hereof to be and remain invested in the names
of nominees or trustees in any part of the world
instead of in the names of the Trustees;
(b) the Trustees shall have power to delegate to such
nominees or trustees such of the trusts powers and
discretions hereby or by law vested in the Trustees
with reference to the property so deposited or the
property so invested in the names of such nominees or
trustees as the Trustees may consider expedient so to
delegate;
(c) no person or persons with whom such property is
deposited or in whose name or names such property is
vested shall (unless a Trustee or Trustees) be
concerned with the trusts hereof or be responsible
for
any loss caused or breach of trust occasioned by and
dealing with the same or any payment of the income
thereof made at the direction of the Trustees whether
or not having notice that the same are subject to the
trusts hereof.
POWER TO MAKE LOANS
7. The Trustees shall have power to lend the whole or any part of the capital
or income of the Trust Fund to any person (whether or not such person is a
member of the class of beneficiaries) upon such terms (including terms as to
repayment and interest or interest free and whether with or without security) as
the Trustees may in their discretion think fit but so that no loan shall be made
on terms that repayment shall be postponed beyond the Trust Period.
POWER TO BORROW MONEY
8. (a) The Trustees shall have power alone or jointly with
any other person (and whether or not involving joint
or several liability) to borrow money upon such terms
(including terms as to repayment and interest) as the
Trustees may in their absolute discretion think fit
and as security for any such borrowing to create any
Encumbrance over the capital or income (including any
future income) of the whole or any part of the Trust
Fund;
(b) the Trustees may pay or apply any money so raised in
any manner in which money forming part of the capital
of the Trust Fund may be paid or applied.
PROTECTION FOR PURCHASERS AND OTHERS
9. No purchaser lender or other person paying or advancing money to the
Trustees in any transaction whether by sale loan or otherwise howsoever
purporting to be made by the Trustees under or for any of the purposes of this
Settlement shall be concerned to see that the money is wanted or that no more
than is wanted is raised or otherwise as to the propriety of the transaction or
the application of the money.
POWER TO PERMIT USE OF TRUST FUND BY BENEFICIARIES
10. The Trustees shall have power to permit any Beneficiary to reside in any
dwelling-house occupy any land or buildings or have the custody and use of any
chattels which may for the time being be subject to the trusts hereof upon such
conditions as to payment of rent taxes and other expenses and outgoings and as
to insurance repair and decoration and for such period and generally upon such
terms as the Trustees in their absolute discretion shall think fit and for such
purpose shall have power to invest or lay out trust moneys in acquiring any such
dwelling-house land buildings or chattels.
POWER TO PAY DUTIES AND TAXES
11. In the event of any probate succession estate duty capital transfer tax
or other duties fees or taxes whatsoever becoming payable in respect of the
Trust Fund or any part thereof in any circumstances whatsoever the Trustees
shall have power to pay all such duties fees or taxes out of the Trust Fund or
the income thereof at such time or times and in such manner as the Trustees may
in their absolute discretion think fit and the Trustees may pay such duties fees
or taxes notwithstanding that the same shall not be recoverable from the
Trustees or the Beneficiaries or other persons entitled hereunder or that the
payment shall not be to the advantage of any Beneficiary or other person
entitled hereunder.
POWER TO APPORTION BETWEEN INCOME AND CAPITAL
12. The Trustees shall have power:-
(a) generally to determine what part of the receipts of
this Settlement is income and what is capital and
without prejudice to the generality of the foregoing
to treat as income or as capital any dividends stock
dividends rights interest rents issues and profits
derived from any property at any time constituting
the
whole or any part of the Trust Fund whether or not
such property is wasting hazardous or unproductive or
was purchased at a premium or discount and
notwithstanding the time when such dividends stock
dividends rights interest rents issues or profits
were
earned accrued declared or paid;
(b) to make such reserves out of income or capital as the
Trustees deem proper for expenses taxes and other
liabilities of this Settlement;
(c) to pay from income or from capital or to apportion
between income and capital any expenses of making or
changing investments and of selling exchanging or
leasing including brokers commissions and charges;
and
(d) generally to determine what part of the expenses of
this Settlement shall be charged to capital and what
part to income and to determine as between separate
funds and separate parts of shares the allocation of
income gains profits losses and distributions;
and any decisions of the Trustees in exercise of this
power whether made in writing or implied from their
acts shall so far as the law may permit be conclusive
and binding on the Beneficiaries and all persons
actually or prospectively interested under this
Settlement.
POWER TO APPROPRIATE
13. The Trustees shall have power to appropriate the Trust Fund or any part
thereof in the actual condition or state of investment thereof at the time of
appropriation to or towards satisfaction of any share of the Trust Fund (or the
income thereof) to which a Beneficiary may be entitled and may do so in such
manner and in accordance with such valuation as they think fit and without the
consent of any Beneficiary hereunder being required for any such appropriation.
POWER TO ENGAGE IN TRADE
14. (a) The Trustees shall have power to engage in any trade
or venture in the nature of trade whether solely or
jointly with any other person and if jointly whether
or not by way of partnership (limited or unlimited)
under the jurisdiction of the Proper Law of this
Settlement or elsewhere and make such arrangements in
connection therewith and employ all or such part of
the Trust Fund therein as they think fit and may
delegate any exercise of this power to any one or
more
of their number or to a company or partnership formed
for this purpose;
(b) the persons carrying on any trade or venture in the
nature of trade authorised by this paragraph shall
have power to determine what are the distributable
profits thereof and so much of the distributable
profits as accrue to the Trustees (and not more)
shall
be income of the Trust Fund for the purposes of this
Settlement;
(c) any power vested in the Trustees under this Settlement
shall (where applicable) extend to any arrangements
in
connection with any such power or partnership as
aforesaid and in particular but without prejudice to
the generality of the foregoing the Trustees' powers
set out in paragraph 7, 8 and 16 of this Schedule
shall extend to any arrangements made in connection
with such venture or partnership as aforesaid and
whether made severally or jointly with others or with
unequal liability.
POWER TO TAKE LEGAL ADVICE
15. The Trustees shall have power to obtain at the expense of the Trust Fund
the advice of any solicitor, barrister, legal counsel or any other legal
practitioner (howsoever called) in any jurisdiction concerning any matter in any
way relating to or affecting or which the Trustees consider may relate to or
affect this Settlement including the proper execution or exercise of any trusts
powers and discretions hereby or by law conferred on the Trustees and in
relation to all such matters if and so far as the Trustees follow the advice
given by such solicitor, barrister, legal counsel or other legal practitioner
they shall not be responsible for any loss to the Trust Fund resulting
therefrom.
POWER TO GUARANTEE DEBTS
16. The Trustees shall have power at their absolute discretion and on such
terms as they think fit to guarantee or to become surety for the payment of
money owed by or the performance of any obligations of any person (whether or
not such person is a member of the class of Beneficiaries) and for these
purposes to create any Encumbrance over the capital or income (including future
income) of the whole or any part of the Trust Fund.
POWERS IN RELATION TO LEGAL PROCEEDINGS
17. The Trustees shall have power to institute or defend any action suit or
proceeding and continue the same until the final determination thereof or
compromise settle or adjust the same on such terms as the Trustees in their
absolute discretion shall think fit.
POWER TO GIVE RECEIPTS
18. The Trustees shall have power to give receipts for any money securities
or other property or effects paid, transferred or delivered to them and so that
any receipt so given shall be a sufficient discharge to the person paying
transferring or delivering the same and shall effectively exonerate him from
seeing to the application thereof or being answerable for any loss or
misapplication thereof.
POWER TO EFFECT COMPROMISES
19. The Trustees shall have power to:-
(a) accept any property whether movable or immovable
before the time at which it is made transferable or
payable;
(b) pay or allow any debt or claim on any evidence which
they may think sufficient;
(c) accept any composition or any security movable or
immovable for any debt or for any property due to be
claimed by the Trustees;
(d) allow any time for payment of any debt;
(e) compromise compound abandon submit to arbitration or
otherwise settle any debt account claim or thing
whatever relating to the Trust Fund and for any of
those purposes may enter into, give execute and do
such agreements instruments composition arrangement
releases and other things of whatsoever nature as
they
shall think fit.
POWER TO INSURE TRUST PROPERTY
20. The Trustees shall have power to insure against any loss or damage from
any peril any property for the time being forming part of the Trust Fund for any
amount and to pay the premiums payable in respect thereof out of the Trust Fund
or the income thereof.
POWER TO GIVE INDEMNITIES
21. The Trustees shall have power to enter into any indemnity in favour of
any former trustee or any other person in respect of any estate duty tax or
fiscal imposition or other liability of any nature prospectively payable in
respect of the Trust Fund or otherwise in connection with this Settlement and to
charge or deposit the whole or any part of the Trust Fund as security for any
indemnity in such manner in all respects as they shall think fit.
POWER TO HAVE ACCOUNTS AUDITED
22. The Trustees shall have power from time to time and at such intervals as
they shall in their sole discretion think fit to cause the accounts kept by them
hereunder to be examined or audited by such person or persons as they shall
designate and to pay the costs of such examination or audit out of the capital
or income of the Trust Fund.
POWER TO KEEP TRUST PROPERTY OUTSIDE THE JURISDICTION
23. The Trustees shall have power to keep the whole or any part of the trust
property within or without the jurisdiction of the Proper Law of this
Settlement.
POWERS AS TO LAND
24. Where the Trust Fund for the time being includes any real or immovable
property the Trustees shall have all the powers of an absolute beneficial owner
in respect thereof and in particular but without prejudice to the generality of
the foregoing:-
(a) the Trustees shall not be bound to see nor be liable
accountable for omitting or neglecting to see to
the repair or insurance of any buildings on such
property or to the payment of any outgoings in
respect
thereof but may repair and insure any such buildings
in such manner and to such extent as they shall think
fit and pay out of the capital or income of the Trust
Fund the costs of all such repairs and of effecting
and keeping up any such insurance and any such
outgoings as aforesaid in priority to any other trust
affecting the same capital or income;
(b) the Trustees may from time to time expend capital
money comprised in the Trust Fund in erecting
demolishing and rebuilding and making alterations and
improvement to any buildings on such property or any
part thereof to such extent and in such manner as
they
shall think fit and any certificate, in writing, of
any architect or surveyor employed by the Trustees to
the effect that any work specified in such
certificate
is or includes an alteration or an improvement to any
such building shall be conclusive as between the
Trustees and all persons interested hereunder that
any
capital money expended on such work was properly so
expended in exercise of this power.
POWER TO PROVIDE INDIRECT BENEFITS
25. The Trustees shall not be obliged to acquire any property or rights which
they otherwise could acquire to the benefit or advantage or possible benefit or
advantage of the Trust Fund if in their absolute discretion they determine that
it is or may possibly be directly or indirectly to the benefit or advantage of
any one or more Beneficiaries for the Trustees not to acquire such property or
rights and without limiting the generality of the foregoing:-
(a) the Trustees may cause or permit any company which the
Trustees control or of which they could obtain
control
or in which they hold or could obtain shares
debentures or other interests to issue shares or
debentures or create or dispose of other interests in
favour of persons other than the Trustees; and
(b) the Trustees may refuse or neglect to acquire by
transfer or by original subscription issue or
otherwise any shares debentures or other interest in
any company which the Trustees could acquire if in
their absolute discretion such action or failure to
act is or may possibly be directly or indirectly to
the benefit or advantage of any one or more of the
Beneficiaries and no Trustee shall be liable for any
loss or damage caused to the Trust Fund or any
Beneficiary through any action or neglect authorised
by this power.
POWER TO PROVIDE BENEFITS TO OTHER SETTLEMENTS
26. Where the Trustees are also trustees of any other trust however and
wherever created under which one or more of the Beneficiaries under this
Settlement are beneficiaries the Trustees shall be entitled in their sole
discretion to act so as to give a benefit direct or indirect to such other trust
notwithstanding that such action may be to the disadvantage of this Settlement
or other Beneficiaries under this Settlement.
PROVISION OF INFORMATION TO BENEFICIARIES
27. The Trustees shall not be obliged to disclose to any Beneficiary any
matter relating to this Settlement including the existence of this Settlement or
the fact that such Beneficiary becomes absolutely and indefeasibly entitled to
the Trust Fund or the income thereof or any part of the same in which event the
Trustees shall be obliged to inform such Beneficiary only of the existence of
this Settlement and the extent of the Beneficiary's entitlement.
RESIDUAL POWER
28. The Trustees shall have the power to do or omit to do all such acts or
things as the Trustees shall in their absolute discretion consider to be for the
benefit of the Trust Fund or any one or more of the Beneficiaries.
THE SECOND SCHEDULE hereinbefore referred to
ONE SHARE OF *
THE THIRD SCHEDULE hereinbefore referred to
1. The Settlor;
2. The Settlor's wife;
3. All children and remoter issue of the Settlor living at the
date hereof or born hereafter during the Trust Period.
THE FOURTH SCHEDULE hereinbefore referred to
The following persons acting alone and set out in order of
priority shall have power to appoint new or additional trustees
under Clause 19 hereof PROVIDED ALWAYS that the Settlor shall not
be capable of being appointed a trustee hereof:-
1. The Settlor during his lifetime;
2. Subject thereto, the Protector for so long as there shall
be a Protector who shall not have refused or become unfit
or unable to act;
3. Subject thereto the Trustees;
4. Subject thereto the sole or last surviving Trustee;
5. Subject thereto the personal representative of the last
surviving Trustee (if he is a deceased individual) or the
trustee in bankruptcy of the last surviving Trustee (if he
is adjudicated bankrupt) or the liquidator, trustee in
bankruptcy or other person legally responsible for the
dissolution of the Trustee (if the Trustee is a company in
the process of being dissolved).
MEMORANDUM OF WISHES
To: THE OFFICE OF THE ABBOTT OF THE SACRED ORDER OF MELCHIZEDEK AND HIS
SUCCESSORS, A CORPORATION SOLE as a Trustee of THE
_________________________________________________TRUST constituted by a Deed
dated the day of the month in the Year of Our Lord Jesus Christ, one thousand
nine hundred ninety eight made between myself as Settlor and you as Original
Trustees.
In this Memorandum I set out my wishes with regard to the investment and
disposition of the Trust Fund (as defined in the Settlement). This Memorandum is
not intended to be legally
binding nor to fetter any of your discretions.
During my lifetime I wish you to consult with me in respect of all matters
concerning the investment and/or disposition of the Trust Fund.
During my lifetime, I wish you to consider holding the Trust Funds as to *%
in favour of * and as to *% in favour of *
.
Dated this______________ day of the __________________ month in the year of
Our Lord Jesus the Christ, one thousand nine hundred ninety eight.
3. DRAFT Declaration of Trust Covenant and Prayer
Posting Locations in America: ( Identifying Number
The Olde Culdee Church Pure Trust ( 52-*******
828 Terraine Avenue (
Long Beach [90804], California (
And Olde Culdee Church (
St. Columcille Fellowship Chapel (
8850 Business Park, Suite 200 (
Austin [78759], Texas (
(___________________________________
Pure Trust Form Contract - Eleemosynary
Pure Trust Contract and Declaration
In the Form of a
Pure Eleemosynary Trust Organization
And Private Humanitarian Retirement Plan
Called:
The Olde Culdee Church
[Established by St. Joseph of Arimathea in Glastonbury England
, circa 63 A.D.]
[INSERT PERSONAL PRAYER TO THE MOST HIGH GOD]
[INSERT INVOCATION OF THE BLESSINGS AND
PROVIDENCE OF THE MOST HIGH GOD]
rust No.52-*******
bba, El Elyon
his is our Offering and Prayer to You:
e Pray to You in this Pure Trust Covenant, Declaration and Prayer:
hereas:
his Pure Trust Contract and Declaration is a divinely inspired Covenant and
Prayer without Ceasing spoken out loud with and before the Most High God our
Father, Abba, El Elyon on this Twenty First Day of the First Month in the Year
of Our Lord and Mediator, Jesus the Christ, One Thousand Nine Hundred Ninety
Eight, and is so spoken, for You speak Abba and we hear:
But whoever keeps his word,
truly the love of God is perfected in him. By this we know we are in
Him. 1 John 5.
t is further spoken with the understanding that man was taught
writing and the use of ink and paper by two hundred angels who have
rebelled against the Most High God, for You speak Abba and we
hear:
And he pointed out to
them every secret of their wisdom. He taught men to understand
writing, and the use of ink and paper. Therefore numerous have
been those who have gone astray from every period of the world,
even to this day. For men were not born for this, thus with pen
and ink to confirm their faith. Since they were not created
except that, like angels, they might remain righteous and pure.
Nor would death which destroys every thing, have affected them;
But by this their knowledge they perish, and by this also its
power consumes them. The Book of Enoch, (From the
Ethiopic) Chapter 68:10-16
It happened after the
sons of men had multiplied in those days that daughters were
born to them, elegant and beautiful (Genesis 6:1-2). And when
angels, the sons of heaven, beheld them, they became enamored
with them, saying to each other; Come, let us select for
ourselves wives from the progeny of men, and let us beget
children. The Book of Enoch, (From the Ethiopic)
Chapter 7:1-2.
W hereas:
, [YOUR NAME ONE], Sui Juris, Ingenuitas juris et de jure, at the
House of [YOUR SURNAME], and I, [YOUR NAME TWO], Sui Juris, Ingenuitas juris
et de jure , of the House of [YOUR SURNAME] declare out loud, memorialized
by this Declaration of Trust Covenant and Prayer that we are Ceil De
and children of Abba , El Elyon, the Most High God here behaving as
faithful members by sovereign sacerdotal Rite of Baptism of firstborn into the
body of Lord and Mediator Jesus, the Christ, within His Church and Royal
Priesthood After the Order of Melchizedek, further declaring we are now
personally called by the Most High God as sojourners,stewards and saints
in the Holy Bible. We each declare our sole allegiance to you Abba, El
Elyon, and by this Declaration consecrate the sanctity of our labour to You to
fulfill your Covenant, for You speak Abba and we hear:
Bring ye all the tithes into
the storehouse, that there may be food in my house, and prove me now in
this, says the Lord of hosts, and I will open the windows of heaven for
you and pour out blessings for you until you shall say it is enough.
Malachi 3:10.
And he touched
my mouth and said to me, Lo, this has touched your lips; your iniquity
is taken away, and your sins are forgiven. And I heard the voice of the
Lord saying, Whom shall I send, and who will go for us? Then said I,
Here am I; send me. Isaiah 6:7-8.
hereas:
e each further declare and pray this Declaration of Trust Covenant and Prayer
is inspired by the Most High God and represents our worship and response to Your
calling Abba of us to Your Divine Orders, Mission, Ministry and Calling, and we
acknowledge that we are not secularly defined creators, settlors or trustors
replacing You as Sovereign Creator of Your Creation , but we are hereby
declaring our service to You as faithful Ceil De hereby
consecrating and sanctifying all our labour, possessions and hereditaments under
our stewardship (Hebrew "quadash or quodesh" -sanctified property), for You
speak Abba and we hear:
For you see your
calling, brethern that not many wise according to the flesh, not many
mighty, not many noble are called. 1 Cor 1:26.
But if the
unbeliever departs, let him depart, a brother or sister is not under
bondage in such cases. But God has called us to peace. . .But as God has
distributed to each one, as the LORD has called each one, so let him
walk. And so ordain in all the churches. 1 Cor. 7:15, 17.
So the last will
be first, and the first last. For many are called but few are chosen.
Matthew 20:16
hereas:
W
e each desire to follow the Word of the Most High God provided to us
by Our Lord and Mediator Jesus, the Christ to receive Your Blessings of
abundance and provide it secretly and in private to those in need as
beneficiaries of this Providence Beneficiaries for You speak Abba and we
hear:
But if anyone does not provide
for his own, and especially those of is household, he has denied the
faith and is worse than an unbeliever. . . Let the elders who rule be
well counted worthy of double honor. Especially those who labor in the
word and doctrine. 1 Timothy 5:8, 17.
Is it not to deal thy bread to
the hungry, and that thou bring the poor that are cast out of thy house?
When thou seest the naked, that thou cover him; and that thou hide not
thyself from thy own flesh? Isaiah 58:7
Be careful your alms, not to do
to them in the presence of men, merely that they may see them; otherwise
you have no reward with your Father in heaven. Therefore when you give
alms, do not blow a trumpet before you, just as the hypocrites do in the
synagogues and in the market places, so that they may be glorified by
men. Truly I say to you that they have already received their reward.
But when you give alms, let not your left hand know what your right hand
is doing, So that your alms may be done secretly, and your Father who
sees you in secret, shall himself reward you openly. . . But as for you,
when you pray, enter into your inner chamber and lock you door, and pray
to your Father who is in secret, and your Father who sees in secret
shall himself reward you openly. . .. Matthew 6:1-5, 6.
But remember
this: He who sows sparingly shall reap also sparingly; and he who sows
generously shall reap also generously. So let every man give according
to what he has decided in his mind, not grudgingly or of necessity; for
God loves a cheerful giver. God is able to make all goodness abound to
you, and may you always have enough of everything for yourselves, and
may you abound in every good work. As it is written, He has distributed
liberally, and given to the poor; and his righteousness endures forever.
. .By this experiment of charitable service they glorify God in that you
have subjected yourselves to the faith of the gospel of Christ, and
through your generosity you have become partakers with them and with all
men. 2 Corinthians 9:6-9, 13.
ow, Therefore
his Declaration of Trust Covenant and Prayer is conceived as an
Offering to You Abba, El Elyon in order to provide the Office of the
Presiding High Priest After the Order of Melchizedek of Ealde Culdee
Kirke, a corporation
sole established by St. Joseph of Arimathea in Glastonbury England in (circa
63 A.D.) with Your Blessings as alms to carry out Your Orders, Mission, Calling
and Ministry revealed to Your Stewards, Regents, Priests, Chaplains, Elders and
Almoners upon the sacred trust of Your Word. A copy of the History of Ealde
Culdee Kirke is attached hereto marked Exhibit "B" and incorporated herein by
reference as if fully set forth. We are ever mindful that we are not to change
one word of what You have revealed to us, for You speak Abba and we hear:
You shall not
add to the commandment which I command you, neither shall you take from
it, but you must keep the commandments of the LORD your Jesus, the
Christ, which I command you. Deuteronomy 4:2.
Everything that
I command you, that you must be careful to do; you shall not add nor
take from it. Deuteronomy 12:32.
Do not add to
his words; lest he reprove you, and you be found a liar. Proverbs 30:6.
Do not suppose
that I have come to weaken the law or the prophets; I have not come to
weaken, but to fulfill. For truly I say to you, Until heaven and earth
pass away, not even a yoth or a dash shall pass away from the law until
all is fulfilled. Matthew 5:17.
oreover, this Declaration of Trust Covenant and Prayer is conceived in order
to provide the Trustee(s) called by name herein with Your divinely guided
authority to follow only Your "revealed Divine Law" in carrying out the Trust
Purposes herein stated, which "revealed Divine Law" is signified to mean only
Your direct statements to the Trustee(s) in prayer, Your recorded statements to
mankind, and the statements to mankind of Your Sonne, Lord Jesus, the Christ
repeated in the Holy Bible, and which revealed Divine Law is further described
by Sir William Blackstone as:
Considering the creator only as
being of infinite power, he was able unquestionably to have
prescribed whatever laws he pleased to his creature, man, however unjust
or severe. But as he is also a being of infinite wisdom, he has
laid down only such laws as were founded in those relations of justice,
that existed in the nature of things antecedent to any positive precept.
These are eternal, immutable laws of good and evil, to which the creator
himself in all his dispensations conforms; and which he has enabled
human reason to discover, so far as they are necessary for the conduct
of human actions. Such among others are these principles: that we should
live honestly, should hurt nobody, and should render to every one his
due; to which the three general precepts Justinian has reduced the whole
doctrine of law. [Juris praecepta, sunt haec, honeste vivere, alterum
non laedere, suum cique tribuere.]
. . . This
law of nature, being co-eval with mankind and dictated by God himself,
is of course superior in obligation to any other. It is binding all over
the globe, in all countries, and at all times: no human laws are of any
validity, if contrary to this; and such of them as derive their force,
and all their authority, mediately or immediately, from this original.
. . . The
doctrines thus delivered we call the revealed or divine law, and they
are to be found only in the holy scriptures. These precepts, when
revealed, are found upon comparison to be really a part of the original
law of nature, as they tend in all their consequences to man’s felicity.
But we are not from then to conclude that the knowledge of these truths
was attainable by man’s reason, in its present corrupted state; since we
find that, until they were revealed, they were hid from the wisdom of
the ages. As then the moral precepts of this law are indeed of the same
original with those of the law of nature, so their intrinsic obligation
is of equal strength and perpetuity. Yet undoubtedly the revealed law is
(humanly speaking) of infinitely more authority than what we generally
call the natural law. Because one is the law of nature, expressly
declared so to be by God himself; the other is only what, by the
assistance of human reason, we imagine to be that law. If we would be
certain of the latter as we are of the former, both would have equal
authority; but, till then, they can never be put in competition
together.
Upon these two foundations, the
law of nature and the law of revelation, depend all human law; that is
to say, no human laws should be suffered to contradict these. There is,
it is true, a great number of indifferent points, in which both the
divine law and the natural law leave man at his own liberty; but which
are found necessary for the benefit of society to be restrained within
certain limits. And herein it is that human laws have their greatest
force and efficacy; for, with regard to such points as are not
indifferent, human laws are only declaratory of, and act in
subordination to the former. To instance in the case of murder: this is
expressly forbidden by the divine, and demonstrably by natural law; and
from these prohibitions arises the true unlawfulness of this crime.
Those human laws, that annex a punishment to it, do not increase it’s
moral guilt, or superadd any fresh obligation in foro conscientiae
to abstain it’s perpetration. Nay, if any human law should allow or
injoin us to commit it, we are bound to transgress that human law, or
else we must offend both the natural and the divine. But with regard to
matters that are themselves indifferent, and are not commanded or
forbidden by those superior laws; such for instance, as exporting wool
into foreign counties; here the inferior legislature has scope and
opportunity to interpose, and make that action unlawful which before was
not so." 1 Blackstone’s Commentaries 40-42.
ow Witnesseth this Covenant as a Living Testament:
Main Body of Declaration of Trust Covenant and
Prayer:
One.
his Declaration of Trust Covenant and Prayer is called by the name of "The
Olde Culdee Church Pure Trust.", which is given for convenience of reference
but is neither a juristic nor legal entity with some pretended third party
existence and appearance. This Declaration of Trust Covenant and Prayer is
intended to describe a Holiness Code of divinely ordered behavior; however, this
Declaration of Trust Covenant and Prayer is not a noun or pronoun [e.g.
no intention to give this Declaration of Trust Covenant and Prayer the status of
an "it" or an "entity" is contemplated]. No independent juristic or legal
existence apart is hereby created or requested
s the Most High God has given us dominion over the words
we voluntarily choose to describe our intentions and our behavior, it is
hereby intentionally declared this Declaration of Trust Covenant
and Prayer, to the extent not internally defined in the body or footnotes
herein, and all words and phrases used herein, have singly the purposeful
meanings described in the Glossary attached hereto as Exhibit "A" and
incorporated herein by reference as if fully set forth. Although the term
"common law" may be used from time to time in this Declaration of Trust Covenant
and Prayer, such term is in no wise intended to compromise, change, supplement
or otherwise alter what the You Abba have revealed to us, nor to relegate Your
words Abba, El Elyon to that of being common. "And a voice spoke to him a
second time, ‘What God has cleansed you must not call common.'" Acts 10:15.
This is the very intention of consecration and sanctification of labour,
thought, speech and physical possessions which is represented by this
Declaration of Trust Covenant and Prayer. The "Glossary" is an integral part
hereof, for it is extremely important to choose correctly the words that we
speak out loud, for You speak Abba and we hear:
When He had called the multitude
to Himself, He said to them, ‘Hear and understand: Not what goes into
the mouth defiles a man; but what comes out of the mouth, this defiles a
man. Matthew 15:11.
And I have put my words in thy
mouth, and I have covered thee in the shadow of mine hand, that I may
plant the heavens, and lay the foundations of the earth, and say unto
Zion, thou art my people. Isaiah 51:16
e pray in this Declaration of Trust Covenant and Prayer that only the
revealed Divine Law which You Abba speak and engrave upon our hearts and in our
minds is recorded herein. I, [YOUR NAME ONE], Sui Juris, Ingenuitas juris et
de jure, of the House of [YOUR SURNAME] and I, [YOUR NAME TWO], Sui
Juris, Ingenuitas juris et de jure of the House of [YOUR SURNAME] now do our
best to confess herein and out loud the revealed Divine Law engraved now by Your
finger Abba upon our hearts and in our minds. As we have the responsibility of
passing on wisdom to our children and future generations, this Declaration of
Trust Covenant and Prayer is also intended to carry out this apostolic and
priestly inheritance and mission You Abba speak and we hear:
But the Helper, the Holy Spirit,
whom the Father will send in My name, He will teach you all things, and
bring to you remembrance of things that I said to you. John 14:26
Only take heed of thyself, and
keep thy soul diligently, lest thou forget the things which tine eyes
have seen, and lest they depart from thy heart all the days of thy life:
but teach them thy sons and thy son’s sons. Deuteronomy 4:9
And thou shalt teach them
diligently unto thy children, and shall talk of them when thou sittest
in thine house, and when thous walkest by the way, and when thous liest
down, and when thou risest up. Deuteronomy 6:7
e hereby recognize and declare in this Declaration of Trust Covenant and
Prayer that we are Hebrew Christians as: ". . . stewards of the spiritual
knowledge which You Abba have entrusted personally to us. We must preserve
intact Your Words Abba and our inherited apostolic doctrine for future
generations. [See Gen. 14:18-20; :Lev. 27:30-33; 1 Cor. 4:1, 2; 2 Cor.
9:6-8, 1 Pet. 4:10]" .". The Orthodox Study Bible, New Testament and
Psalms New King James Version (St. Athanasius Academy, Santa Barbara,
California 1993 at pp. 808). This Declaration of Trust Covenant and Prayer is a
living testament and preservation of the faith and spiritual knowledge revealed
to us and passed on as our inheritance.
Two.
he following significations, to the extent not inconsistent with the Glossary
attached hereto and marked Exhibit "A" and incorporated herein by reference
shall apply to this Declaration of Trust Covenant and Prayer to the extent not
inconsistent with the Glossary attached hereto and incorporated herein by
reference:
bundance signifies Blessings which are made seen by You Abba, El Elyon from
that which is unseen according to your Word in Malachi 3:10 and:
Now faith is the substance of
things hoped for, as it was the substance of things which have come to
pass; and it is the evidence of things not seen. . . For it is through
faith we understand that the worlds were framed by the word of God, so
that things that are seen came to be from those which are unseen.
Hebrews 11:1, 3.
lms signifies any Blessing provided by You El Elyon
and given gratuitously to relieve the poor, as money, food, or clothing,
or
otherwise called charity. Tenure by free alms,
or frank almoign, in England, is that by which the possessor is bound to pray
for the soul of the donor, whether dead or alive; a tenure by which most of the
ancient monasteries and religious houses in England held their lands, as do the
parochial clergy, and many ecclesiastical and eleemosynary establishments at
this day. Land thus held was free from all rent or other service. See
Webster's American Dictionary of the English Language, 1828, Vol. I.;
2 Blackstone's Commentaries 101-102. At all times alms receipt, holding
and giving is intended as private and not public charity, for You Abba speak and
we hear:
1 Take
heed that ye do not your alms before men, to be seen of them: otherwise
ye have no reward of your Father which is in heaven. 2 Therefore when
thou doest thine alms, do not sound a trumpet before thee, as the
hypocrites do in the synagogues and in the streets, that they may have
glory of men. Verily I say unto you, They have their reward. 3 But when
thou doest alms, let not thy left hand know what thy right hand doeth: 4
That thine alms may be in secret: and thy Father which seeth in secret
himself shall reward thee openly.
5 And when
thou prayest, thou shalt not be as the hypocrites are: for they
love to pray standing in the synagogues and in the corners of the
streets, that they may be seen of men. Verily I say unto you, They have
their reward. Matthew 6:1-5 (KJV)
lessings and Trust Blessings signify all forms of abundance received, held or
delivered under the terms of this Declaration of Trust Covenant and Prayer. All
of abundance is divinely provided as a gift ("Providence") from You Abba, El
Elyon in accordance with Your Word:
Bring ye all the tithes into
the storehouse, that there may be food in my house, and prove me now in
this, says the Lord of hosts, and I will open the windows of heaven for
you and pour out blessings for you until you shall say it is enough.
Malachi 3:10.
eneficiary signifies only the Office of the Presiding High Priest
After the Order of Melchizedek of Ealde Culdee Kirke, a corporation
sole.
alling signifies the call by You Abba, El Elyon to each human being
who is described in this Declaration of Trust Covenant and Prayer. "Few
saints have been blessed with a vision of heaven (Is. 6:1-8), as did
Ezekiel (Ezek. 1:1-28), and the Apostle John saw a new heaven -- God's
eternal Kingdom revealed as a city (Rev. 21:1--22:5). . . The saints who
inhabit God's Kingdom live in active fulfillment of his eternal plan. In
the Kingdom, humanity becomes all it is meant to be. There is nothing at
all in Scripture to suggest that eternal life means people strumming on
harps or passively afloat on huge white clouds unto the ages of ages.
Originally created to inhabit Paradise, our first parents chose to sin
against God and were expelled from the Garden. The Kingdom of God was
closed to mankind. (Gen. 3:24). But God in His love has called His
creation back to Himself, speaking to us through the Law and the
prophets and ultimately through his incarnate Son. Through new life in
Jesus Christ, we are brought back to God's mercy into the new creation."
.". The Orthodox Study Bible, New Testament and Psalms New King
James Version (St. Athanasius Academy, Santa Barbara, California
1993 at pp. 630
hildren signifies only those noble Sonnes and Daughters of Your Abba,
El Elyon including adopted children and legimated children and the word
"childe" shall be construed accordingly;
onsecrate - 1.) to make or declare to be sacred, by
certain ceremonies or rites; to appropriate to sacred uses; to set
apart, dedicate, or devote, to the service or worship of God; as to
consecrate a church. "Thou shalt consecrate, Aaron and his sons." Exodus
29. All the silver, and gold, and vessels of brass and iron, are
consecrated to the Lord." Joshua 6: 2.) To canonize; to exalt to the
rank of a saint; to enroll among the gods, as a Roman emperor. 3.) To
set apart and bless the elements in the eucharist. 4.) To render
venerable; to make respected; as, rules or principles consecrated by
time. Consecrate - Sanctify; While holiness if fundamentally a
quality of God (Job 6:10; Isa. 6:1-5; Hos. 11:9), by God's actions
persons, places, or objects can be consecrated and sanctified, i.e.,
separated from common life or use and dedicated in some way to the
service or worship of God.. The Hebrew term for this is "qadash" or
"qodesh" signifying hallowed or holy, separated from that which is
secular or mundane. [See, Myers, Allen C., The Eerdmans Bible
Dictionary, William B. Eerdmans Publishing Company, Grand Rapids
Michigan (1987), pp. 911 and 493-494]; Rushdoony, Rousas John, The
Institutes of Biblical Law, The Craig Press, (1973), pp.
549-560. All abundance as hereditaments received, held and delivered
under this Declaration of Trust Covenant and Prayer are purposefully
consecrated and sanctified as owned by the Most High God, while
possessed under divine calling of stewardship by Trustee(s) herein
appointed.
ovenant An agreement of testament between men and God and his people.
In the Old Testament, God chose the people of Israel, ending with John
the Baptist, to prepare the way for the coming of His Only Begotten Son.
Through Christ, the covenant was perfected, and the promises of God to
Abraham and the Jews are fulfilled through the church, the New Israel,
the New Covenant People of God. See Gen. 13:14-16; Gal. 3:6-9, 1 Pet.
2:9, 10. .". The Orthodox Study Bible, New Testament and Psalms
New King James Version (St. Athanasius Academy, Santa Barbara,
California 1993 at pp. 796
reation signifies "Everything made by God. The term creation is
applied to the cosmos in general and to mankind in particular. Our
regeneration in Christ and in the resurrection of the dead are both
often called the’ new creation.’ Creation has no existence apart from
God,. . ." .". The Orthodox Study Bible, New Testament and Psalms
New King James Version (St. Athanasius Academy, Santa Barbara,
California 1993 at pp. 796.
ollars signifies only Blessings of You Abba, El Elyon of abundance
described in Malachi 3:10 merely symbolized by "lawful money" measured
in just weights and measures, and if stated in "lawful money of the
United States", "lawful money" signifies only "gold" and "silver.
istress Occasion signifies any occasion on which the Protector of the
Olde Culdee Church Pure Trust forms the opinion that any of the
following
events or circumstances has happened or occurred and of which the
Protector shall give notice by revocable or irrevocable written
instrument to the Trustee, or the Trustees, as the case may be,
specifying (in either case) the nature of the event or circumstance
concerned and the jurisdiction in which (in his or their opinion) it has
happened or occurred:
Any event or events which in part,
sequence or totality is engaged in or perpetrated by any
juristic entity including without limitation: any company,
corporation, partnership, person, trust, secular government,
country, nation, including any agent of the foregoing which in
any way violates the Seven Noahide Laws of the Melchizedek
Covenant affecting the Trust Blessings in any way or affecting
the unrestricted ability of the Trustee to carry out the divine
mission of this Declaration of Trust Covenant and Prayer.
leemosynary signifies "eleemosynary corporations are for the management of
private property according to the will of the donors.
They are private lay corporations, such as colleges, hospitals, etc.
They differ from civil corporations in that the former are the mere
creatures of public institution, created exclusively for the public
advantage, and subject to governmental control and visitation; whereas a
private corporation, especially one organized for charitable purposes,
is the creature of private benefaction, endowed and founded by private
individuals and subject to their control, laws and visitation, and not
to those of the government." Black's Law Dictionary 1st ed. 1891,
at p. 413.
ereditament signifies abundance provided by You, Abba El Elyon as being
capable of being inherited, be it corporeal or incorporeal, real,
personal, or mixed, and including not only lands and everything
thereon, but also heir-looms, and certain furniture which, by custom,
may descend to the heir together with land. Co.Litt. 5b; 2 Bl.Comm. 17."
Black's Law Dictionary 1st ed. p. 568 ["But an hereditament, says
Sir Edward Coke, is by much the largest and most comprehensive
expression; for it includes not only lands and tenements, but also
whatever may be inherited, be it corporeal, or incorporeal, real,
personal, or mixed. Thus an heir loom, or implement of furniture which
by custom descends to the heir together with an house, is neither land,
nor tenement, but a mere moveable; yet, being inheritable, is comprised
under the general word, hereditament and so a condition, the benefit of
which may descend to a man from his ancestor, is also an hereditament."
[2 Bl.Comm. 17]
onorarium signifies Blessings of alms received by any human being
including but without limitation to the Trustee in relationship to
this Declaration of Trust Covenant and Prayer during the private
sojourn and pilgrimage of life on earth with the devout understanding
the infinite abundance of creation of things is made seen as a Blessing
from that which is unseen, not competition for a "perceived"
finite amount of resources. A seed, dropped into the ground,
springs into activity, and in the act of living, produces a hundred more
seeds. Life, by living, multiplies itself. It is forever becoming more;
it must do so to continue to exist. An honourarium
is a gift of alms from You Abba, El Elyon. The source of the
honourarium is substance of faith in You Abba, El Elyon in the substance
of things made seen from that unseen:
Now faith is the
substance of things hoped for, as it was the substance of things
which have come to pass; and it is the evidence of things not
seen. . . For it is through faith we understand that the worlds
were framed by the word of God, so that things that are seen
came to be from those which are unseen. Hebrews 11:1, 3.
ord Jesus, the Christ demonstrated this principle of
manifestation by faith to many when he fed those who attended
his sermons and fed four thousand from what appeared to be seven
loaves and two fish, for You Abba speak and we hear:
Jesus then called his
disciples and said to them, I have compassion on this people,
for they have remained with me for three days, and they have
nothing to eat; and if I dismiss them fasting, they might faint
on the wqy; but this I do not wish to do. His disciples said to
him, Where can we get bread in this desolate place to feed all
this people? Jesus said to them, How many loaves of bread have
you? They said to him, Seven, and a few small fish. So he
ordered the people to sit on the ground. Then he took the seven
laoves of bread and the fish, and gave thanks, and broke them
and gave to his disciples, and the disciples gave them to the
people. And all of them did eat and were satisfied; and they
took up the fragments that were left over, seven full baskets.
And those who did eat were four thousand men, besides women and
children. Matthew 15:32-38
When his disciples came
to the crossing place, they had forgotten to take bread with
them. He said to them, Watch and beware of the leaven of the
Pharisees and the Sadducees. And they were reasoning among
themselves and saying, It is because we have not brought bread.
But Jesus knew it and said to them, What are you thinking among
yourselves, O you of little faith; is it because you have not
brought bread? Do you not yet understand? Do you not remember
the five loaves of bread and the five thousand, and how many
baskets you took up? Neither the seven loaves of bread of the
four thousand, and how many baskets you took up? How is it that
you do not understand that I was not taking to you about bread,
but to beware of the leaven of the Pharisees and of the
Sadducees? Then they understood, that he did no say that they
should be aware of the leaven of the bread, but of the teaching
of the Pharisees and of the Sadducees.
ouse 2. an edifice or building appropriated to the worship of God; a temple;
a church; as the house of God. 3. A monastery; a college; as a
religious house. . . 6. A family of ancestors; descendants and
kindred; race of persons from the same stock; a tribe. It particularly
denotes a noble family or an illustrious race; as the house of
Austria; the house of Hanover. so in Scripture, the house
of Israel, or of Judah. . . .9. In Scripture, those who dwell in
a house and compose a family; a household. 10. Wealth; estate. . . 13.
The body; the residence of the soul in this world; as our earthly
house. 2 Cor. v. 15. A place of residence. Egypt is called the
house of bondage. Ex. xiii." Webster's American Dictionary of the
English Language, 1828. Vol. I p. 102.
uman being signifies any Sonne or Daughter of You Abba, El Elyon and
does not include any legislatively of statutorily created or defined
entity
whether a person, company, partnership, trust or unincorporated association;
rotector signifies the human being appointed as Protector herein and
each successor or successors thereto according to the terms of this
Declaration of
Trust Covenant and Prayer
ure Trust Contract and Declaration, Pure Eleemosynary Trust
Organization and Private Humanitarian Retirement Plan found on the cover
page hereof
each signify different aspects this Declaration of Pure Trust Covenant and
Prayer only.
ettlor and Trustor each signify any human being(s) who, with the
consent of the Protector, shall have made a delivery or addition to the
"Trust Blessings",
it being clearly understood the provider of all Blessings received
hereunder are from You Abba, El Elyon, although at times it may "appear"
one or more human beings are doing Your will, for You Abba speak and we
hear:
Beware lest you
say in your heart, 'My power and the might of my hand have gotten me
this wealth.' You shall remember the LORD your God, for it is He who
gives you the power to get wealth; that He may confirm His Covenant
which He swore to your fathers, as at this day. Deuteronomy 8:17-18
This is what I,
the Preacher, have seen it is good and comely for one to eat and drink
and to enjoy all his labor for which he toils under the sun all the days
of his life, which the LORD has given him; for this is his portion. To
every man also the LORD has given riches and wealth, and has given power
to eat thereof and to take his portion and to rejoice in his labor; for
this is his gift of God. Ecclesiastes 5:18-19
Do nor err, my
beloved brethren. Every good and perfect gift is from above, and comes
down from the Father of lights, with whom there is no variableness or
shadow of change. It is he who begot us of his own will with the word of
truth, that we should be the first fruits of his creatures. James
2:6-18.
even Noahide Laws signifies what Melchizedek stated and taught 1,973 years
before the birth of Our Lord Jesus, the Christ, "I am Melchizedek, priest of El
Elyon, the Most High, the one and only God." The Seven Laws
(described as "Noahide Laws" in the ancient Dalamatian supreme law) are
commandments promulgated by Melchizedek (known as the Melchizedek
covenant), adopted by Our Patriarchs Adam, Seth , Noah, Abraham and
Melchizedek, found engraved upon clay tablets in Salem comprising:
You shall not serve any God but the Most High
Creator of heaven and earth.
You shall not doubt that faith is the only requirement
for eternal salvation.
You shall not bear false witness.
You shall not kill.
You shall not steal.
You shall not commit adultery.
You shall not show disrespect for your parents or
elders.
abbi Yirmeyahu Bindman's in his book on the Seven Noahide Laws entitled "The
Seven Colors of the Rainbow" (Resource Publications, Inc., San Jose
California,
1995, ISBN 0-89390-332-9.) states:
Most of today's governments are considered to
be upholding this commandment on a basic level, even though they hardly
know of the Seven Laws, because their inner motivation is to do what God
wants in this way. However, when justice becomes so corrupt that this
commandment no longer has any standing in society, or when the legal
system gives punishments for actions that are legal under the Seven
Laws, then the situation enters into constitutional illegality.
Societies are legitimate targets for thorough change, and those who rule
them may be defeated and put on trial. Such governments abuse the trust
placed in them as emissaries of the Almighty, and they make themselves
liable to be judged. . . Even in republican states, the judges sit only
in the name of the true sovereign power, however it is defined . . . The
judge who hears a case fully and decides it impartially, is considered a
partner with God Himself in the entire creation because he is using the
sovereign authority with which the creation was made. [The Seven
Colors of the Rainbow at pp. 114-117].
rustee signifies each human being who is called by this name within this
Declaration of Trust Covenant and Prayer evidenced by his or her ensealing this
Declaration of
Trust Covenant and Prayer.
Three.
bba, this Declaration of Trust Covenant and Prayer is our offering to
You to do Your Words in faith, and we hereby consecrate our labour, our
words and thoughts to You under Your Covenants promising to first ask in
prayer for Your Will and to only behave according to Your direction in
the spirit of Your Words in the
book of 1 John:
1 John
1
That which was
from the beginning, which we have heard, which we have seen with our
eyes, which we have looked upon, and our hands have handled, of the Word
of life; 2 (For
the life was manifested, and we have seen it, and bear witness,
and shew unto you that eternal life, which was with the Father, and was
manifested unto us;) 3
That which we have seen and heard declare we unto you, that ye also may
have fellowship with us: and truly our fellowship is with the
Father, and with his Son Jesus Christ. 4
And these things write we unto you, that your joy may be full.
5 This then is the
message which we have heard of him, and declare unto you, that God is
light, and in him is no darkness at all. 6
If we say that we have fellowship with him, and walk in darkness, we
lie, and do not the truth: 7
But if we walk in the light, as he is in the light, we have fellowship
one with another, and the blood of Jesus Christ his Son cleanseth us
from all sin.8 If
we say that we have no sin, we deceive ourselves, and the truth is not
in us. 9 If we
confess our sins, he is faithful and just to forgive us our sins,
and to cleanse us from all unrighteousness.
10 If we say that we have not sinned, we
make him a liar, and his word is not in us.
1 John
2
My little
children, these things write I unto you, that ye sin not. And if any man
sin, we have an advocate with the Father, Jesus Christ the righteous:
2 And he is the
propitiation for our sins: and not for ours only, but also for the
sins of the whole world. 3
And hereby we do know that we know him, if we keep his commandments.
4 He that saith,
I know him, and keepeth not his commandments, is a liar, and the truth
is not in him. 5
But whoso keepeth his word, in him verily is the love of God perfected:
hereby know we that we are in him. 6
He that saith he abideth in him ought himself also so to walk, even as
he walked.
7
Brethren, I write no new
commandment unto you, but an old commandment which ye had from the
beginning. The old commandment is the word which ye have heard from the
beginning. 8
Again, a new commandment I write unto you, which thing is true in him
and in you: because the darkness is past, and the true light now
shineth. 9 He
that saith he is in the light, and hateth his brother, is in darkness
even until now. 10
He that loveth his brother abideth in the light, and there is none
occasion of stumbling in him. 11
But he that hateth his brother is in darkness, and walketh in darkness,
and knoweth not whither he goeth, because that darkness hath blinded his
eyes.
12
I write unto you, little
children, because your sins are forgiven you for his name's sake.
13 I write unto you,
fathers, because ye have known him that is from the beginning. I
write unto you, young men, because ye have overcome the wicked one. I
write unto you, little children, because ye have known the Father.
14 I have written
unto you, fathers, because ye have known him that is from the
beginning. I have written unto you, young men, because ye are strong,
and the word of God abideth in you, and ye have overcome the wicked one.
15 Love not the
world, neither the things that are in the world. If any man love
the world, the love of the Father is not in him.
16 For all that is in the world,
the lust of the flesh, and the lust of the eyes, and the pride of life,
is not of the Father, but is of the world. 17
And the world passeth away, and the lust thereof: but he that doeth the
will of God abideth for ever.
18
Little children, it is the
last time: and as ye have heard that antichrist shall come, even now are
there many antichrists; whereby we know that it is the last time.
19 They went out from
us, but they were not of us; for if they had been of us, they would
no doubt have continued with us: but they went out, that they
might be made manifest that they were not all of us.
20
But ye have an unction from
the Holy One, and ye know all things. 21
I have not written unto you because ye know not the truth, but because
ye know it, and that no lie is of the truth.
22 Who is a liar but he that denieth that
Jesus is the Christ? He is antichrist, that denieth the Father and the
Son. 23 Whosoever
denieth the Son, the same hath not the Father: (but) he that
acknowledgeth the Son hath the Father also.
24 Let that therefore abide in you,
which ye have heard from the beginning. If that which ye have heard from
the beginning shall remain in you, ye also shall continue in the Son,
and in the Father. 25
And this is the promise that he hath promised us, even eternal
life. 26 These
things have I written unto you concerning them that seduce you.
27 But the
anointing which ye have received of him abideth in you, and ye need not
that any man teach you: but as the same anointing teacheth you of all
things, and is truth, and is no lie, and even as it hath taught you, ye
shall abide in him.
28
And now, little children,
abide in him; that, when he shall appear, we may have confidence, and
not be ashamed before him at his coming. 29
If ye know that he is righteous, ye know that every one that doeth
righteousness is born of him.
1 John
3
1
Behold, what manner of love
the Father hath bestowed upon us, that we should be called the sons of
God: therefore the world knoweth us not, because it knew him not.
2 Beloved, now are we
the sons of God, and it doth not yet appear what we shall be: but we
know that, when he shall appear, we shall be like him; for we shall see
him as he is. 3
And every man that hath this hope in him purifieth himself, even as he
is pure.
4
Whosoever committeth sin
transgresseth also the law: for sin is the transgression of the law.
5 And ye know
that he was manifested to take away our sins; and in him is no sin.
6 Whosoever
abideth in him sinneth not: whosoever sinneth hath not seen him, neither
known him. 7
Little children, let no man deceive you: he that doeth righteousness is
righteous, even as he is righteous. 8
He that committeth sin is of the devil; for the devil sinneth from the
beginning. For this purpose the Son of God was manifested, that he might
destroy the works of the devil. 9
Whosoever is born of God doth not commit sin; for his seed remaineth in
him: and he cannot sin, because he is born of God.
10 In this the children
of God are manifest, and the children of the devil: whosoever doeth not
righteousness is not of God, neither he that loveth not his brother.
11
For this is the message that
ye heard from the beginning, that we should love one another.
12 Not as Cain, who
was of that wicked one, and slew his brother. And wherefore slew he him?
Because his own works were evil, and his brother's righteous.
13 Marvel not, my
brethren, if the world hate you.
14
We know that we have passed
from death unto life, because we love the brethren. He that loveth not
his brother abideth in death. 15
Whosoever hateth his brother is a murderer: and ye know that no murderer
hath eternal life abiding in him. 16
Hereby perceive we the love of God, because he laid down his life
for us: and we ought to lay down our lives for the brethren.
17 But whoso hath
this world's good, and seeth his brother have need, and shutteth up his
bowels of compassion from him, how dwelleth the love of God in
him? 18 My little
children, let us not love in word, neither in tongue; but in deed and in
truth. 19 And
hereby we know that we are of the truth, and shall assure our hearts
before him.
20
For if our heart condemn us,
God is greater than our heart, and knoweth all things.
21 Beloved, if our heart
condemn us not, then have we confidence toward God.
22 And whatsoever we
ask, we receive of him, because we keep his commandments, and do those
things that are pleasing in his sight.
23
And this is his commandment,
That we should believe on the name of his Son Jesus Christ, and love one
another, as he gave us commandment. 24
And he that keepeth his commandments dwelleth in him, and he in him. And
hereby we know that he abideth in us, by the Spirit which he hath given
us.
1 John
4
1
Beloved, believe not every
spirit, but try the spirits whether they are of God: because many false
prophets are gone out into the world. 2
Hereby know ye the Spirit of God: Every spirit that confesseth that
Jesus Christ is come in the flesh is of God:
3 And every spirit that confesseth not that
Jesus Christ is come in the flesh is not of God: and this is that
spirit of antichrist, whereof ye have heard that it should come; and
even now already is it in the world.
4
Ye are of God, little
children, and have overcome them: because greater is he that is in you,
than he that is in the world. 5
They are of the world: therefore speak they of the world, and the world
heareth them. 6
We are of God: he that knoweth God heareth us; he that is not of God
heareth not us. Hereby know we the spirit of truth, and the spirit of
error.
7
Beloved, let us love one
another: for love is of God; and every one that loveth is born of God,
and knoweth God. 8
He that loveth not knoweth not God; for God is love.
9 In this was manifested
the love of God toward us, because that God sent his only begotten Son
into the world, that we might live through him.
10 Herein is love, not that we loved
God, but that he loved us, and sent his Son to be the
propitiation for our sins. 11
Beloved, if God so loved us, we ought also to love one another.
12 No man hath seen God
at any time. If we love one another, God dwelleth in us, and his love is
perfected in us. 13
Hereby know we that we dwell in him, and he in us, because he hath given
us of his Spirit.
14
And we have seen and do
testify that the Father sent the Son to be the Saviour of the
world. 15
Whosoever shall confess that Jesus is the Son of God, God dwelleth in
him, and he in God. 16
And we have known and believed the love that God hath to us. God is
love; and he that dwelleth in love dwelleth in God, and God in him.
17
Herein is our love made
perfect, that we may have boldness in the day of judgment: because as he
is, so are we in this world. 18
There is no fear in love; but perfect love casteth out fear: because
fear hath torment. He that feareth is not made perfect in love.
19 We love him, because
he first loved us. 20
If a man say, I love God, and hateth his brother, he is a liar: for he
that loveth not his brother whom he hath seen, how can he love God whom
he hath not seen? 21
And this commandment have we from him, That he who loveth God love his
brother also.
1 John
5
1
Whosoever believeth that
Jesus is the Christ is born of God: and every one that loveth him that
begat loveth him also that is begotten of him.
2 By this we know that we love the
children of God, when we love God, and keep his commandments.
3 For this is the love
of God, that we keep his commandments: and his commandments are not
grievous. 4 For
whatsoever is born of God overcometh the world: and this is the victory
that overcometh the world, even our faith.
5 Who is he that overcometh the world,
but he that believeth that Jesus is the Son of God?
6
This is he that came by
water and blood, even Jesus Christ; not by water only, but by
water and blood. And it is the Spirit that beareth witness, because the
Spirit is truth. 7
For there are three that bear record in heaven, the Father, the Word,
and the Holy Ghost: and these three are one.
8 And there are three that bear witness in
earth, the Spirit, and the water, and the blood: and these three agree
in one. 9 If we
receive the witness of men, the witness of God is greater: for this is
the witness of God which he hath testified of his Son.
10
He that believeth on the Son
of God hath the witness in himself: he that believeth not God hath made
him a liar; because he believeth not the record that God gave of his
Son. 11 And this
is the record, that God hath given to us eternal life, and this life is
in his Son. 12 He
that hath the Son hath life; and he that hath not the Son of God
hath not life. 13
These things have I written unto you that believe on the name of the Son
of God; that ye may know that ye have eternal life, and that ye may
believe on the name of the Son of God.
14
And this is the confidence
that we have in him, that, if we ask any thing according to his will, he
heareth us: 15
And if we know that he hear us, whatsoever we ask, we know that we have
the petitions that we desired of him. 16
If any man see his brother sin a sin which is not unto death, he
shall ask, and he shall give him life for them that sin not unto death.
There is a sin unto death: I do not say that he shall pray for it.
17 All
unrighteousness is sin: and there is a sin not unto death.
18
We know that whosoever is
born of God sinneth not; but he that is begotten of God keepeth himself,
and that wicked one toucheth him not. 19
And we know that we are of God, and the whole world lieth in
wickedness. 20
And we know that the Son of God is come, and hath given us an
understanding, that we may know him that is true, and we are in him that
is true, even in his Son Jesus Christ. This is the true God, and
eternal life. 21
Little children, keep yourselves from idols.
our.
bba, according to Your Will provided to us in Your Words revealed in Prayer
we consecrate our direction to the Trustee to hold the sanctified Trust
Blessings and any increase to sanctified Trust Blessings received from You Abba
through any other human being upon sacred trust as sanctified property during
the term of this Declaration of Trust Covenant and Prayer, until notified by You
Abba through the Protector otherwise.
Five.
bba, we recognize all of our duties under Your Covenants hereby
consecrated to the Trustee, when criticized by those in secular
covenants within secular kingdoms in earth merely manifest a
distrust of You Abba, El Elyon. This Declaration of Trust Covenant and Prayer
is purposefully spoken as an offering and recorded diffferently. Accordingly,
according to Your Will Abba, the Trustee is consecrated with duties necessary to
perform Your Orders, Mission and Ministry herein recorded, and only guided by a
direct relationship with You Abba, El Elyon as spoken in the book of 1 John
recorded above and the Seven Noahide Laws of the Melchizedek Covenant also
recorded above.
Six.
hould any dispute resolution be commenced between us concerning the
construction, governance, enforcement or subject matter of this Declaration of
Trust Covenant and Prayer, or the rights or duties of any us hereunder, we shall
first attempt to make peace with all men by following Your Words Abba spoken
Matthew : "Now if your brother is at fault with you, go and rebuke him alone; if
he listens to you, you have won your brother. But if he will not listen to you,
because at the mouth of two or three witnesses every word is established. And if
he will not listen to the congregation, then regard him as a tax collector and a
heathen." Matthew 18:15-17. Whereupon such dispute resolution applying
Your Words Abba in Matthew 18 fail to resolve the dispute, ecclesiastical
arbitration may be commenced before an arbitration tribunal presided over by
either: The Permanent Court of Arbitration located at the Republic of New Lemuria at Austin, or a local chapter of the Hebrew Beit Din, which
tribunals shall only apply as the governing law the revealed Divine Law
described below, and which tribunal's decision shall be binding and final on all
each of us.
bba, this Declaration of Trust Covenant and Prayer with the Exhibits and
Schedules attached hereto, is offered to You and supersedes any and all
agreements, either oral or written, between the us with respect to the subject
matter hereof, but it is not intended to cut-off or supersede the power of Your
Holy Spirit to speak to each of us individually on a continual basis in order to
perform Your Will. Each of us Abba, El Elyon acknowledges, represents and
warrants to the other that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any us to one another, or
anyone acting on behalf of any of us, which are not expressly set forth herein;
and that no other agreement, statement, representation, promise or understanding
between us individually not expressly set forth in this Declaration of Trust
Covenant and Prayer shall be valid or binding.
o waiver, amendment or modification of this Declaration of Trust Covenant and
Prayer or of any covenant, condition or limitation herein contained shall be
valid unless the result of direct inspiration from You Abba received by all of
us mutually and recorded thereafter in writing, sealed and executed by us. No
evidence of any waiver, amendment or modification shall be afforded or received
in evidence in any dispute resolution arising out of or affecting this
Declaration of Trust Covenant and Prayer, or the rights or obligations of any us
to one another and to You Abba, unless such waiver or modification is in writing
and duly executed by the Parties hereto.
bba, El Elyon we hereto acknowledge and agree in Your Holy Name that the
place of performance of this Declaration of Trust Covenant and Prayer shall be
at the Kingdom of Heaven reflected on this earth plane at Republic of New Lemuria, an ecclesiastical sovereignty established by Melchizedek at or
before the time revealed in Genesis 14:17-24, now reflected geographically at
both Karitane island and Taongi atoll located in the South and North Pacific
respectively, freely associated and congregated as an ecclesiastical "State" as
that term is signified in the "Convention of Rights and Duties of States" done
at Montevido, Uruguay on 12.26.34 [T.S. 881, 165 L.N.T.S. 19, 3 Bevans 145, 49
Stat. 3097, and which Dominion is geographically and politically distinct from
all other nation states, districts or political subdivision thereof. Nothing
contained in this Declaration of Trust Covenant and Prayer is intended by us to
consent to or participate in the "conduct of any trade or business", "commerce"
or any business within any alleged federal, UNITED STATES', Federal
STATE, any Federal DISTRICT, the DISTRICT OF COLUMBIA, STATE OF NEW COLUMBIA, DC
or EU enclave of jurisdiction, including, but without limitation to any "State"
or "Federal area" described in the Buck Act at 4 U.S.C.S., Sections 71, 105,
106, and 110 (d) and (e); 18 U.S.C.S. et seq., 28 U.S.C.S. §§ 3002 (14) and (15)
and 31 U.S.C.S., et seq., respectively, and in Jurisdiction Over Federal
Areas Within States, Report of Interdepartmental Committee for the Study of
Jurisdiction Over Federal Area Within States", submitted to the Attorney
General and President Eisenhower (Part I, April 1956; Part II, June 1957)
bba this Declaration of Trust Covenant and Prayer is exclusively governed by,
construed and enforced only in accordance with Your revealed Divine Law
conforming to Your Seven Noahide Laws of the Melchizedek Covenant recorded above
together with the Covenant Law between You Abba, El Elyon and Adam, Seth, Noah,
Melchizedek, Abraham, Moses and Yehoshua found in The Holy Bible (Peshitta
translation of G. Lamsa, 1933) (hereinafter collectively the "revealed Divine
Law") further signified by Sir William Blackstone as follows:
onsidering the creator only as being of infinite power,
he was able unquestionably to have prescribed whatever laws he pleased
to his creature, man, however unjust or severe. But as he is also a
being of infinite wisdom, he has laid down only such laws as were
founded in those relations of justice, that existed in the nature of
things antecedent to any positive precept. These are eternal, immutable
laws of good and evil, to which the creator himself in all his
dispensations conforms; and which he has enabled human reason to
discover, so far as they are necessary for the conduct of human actions.
Such among others are these principles: that we should live honestly,
should hurt nobody, and should render to every one his due; to which the
three general precepts Justinian has reduced the whole doctrine of law.
[Juris praecepta, sunt haec, honeste vivere, alterum non laedere,
suum cique tribuere.]
his law of nature, being co-eval with mankind and dictated by
God himself, is of course superior in obligation to any other. It is
binding all over the globe, in all countries, and at all times: no human
laws are of any validity, if contrary to this; and such of them as
derive their force, and all their authority, mediately or immediately,
from this original.
he doctrines thus delivered we call the revealed or divine law,
and they are to be found only in the holy scriptures. These precepts,
when revealed, are found upon comparison to be really a part of the
original law of nature, as they tend in all their consequences to man’s
felicity. But we are not from then to conclude that the knowledge of
these truths was attainable by man’s reason, in its present corrupted
state; since we find that, until they were revealed, they were hid from
the wisdom of the ages. As then the moral precepts of this law are
indeed of the same original with those of the law of nature, so their
intrinsic obligation is of equal strength and perpetuity. Yet
undoubtedly the revealed law is (humanly speaking) of infinitely more
authority than what we generally call the natural law. Because one is
the law of nature, expressly declared so to be by God himself; the other
is only what, by the assistance of human reason, we imagine to be that
law. If we would be certain of the latter as we are of the former, both
would have equal authority; but, till then, they can never be put in
competition together.
pon these two foundations, the law of nature and the law of
revelation, depend all human law; that is to say, no human laws should
be suffered to contradict these. There is, it is true, a great number of
indifferent points, in which both the divine law and the natural law
leave man at his own liberty; but which are found necessary for the
benefit of society to be restrained within certain limits. And herein it
is that human laws have their greatest force and efficacy; for, with
regard to such points as are not indifferent, human laws are only
declaratory of, and act in subordination to the former. To instance in
the case of murder: this is expressly forbidden by the divine, and
demonstrably by natural law; and from these prohibitions arises the true
unlawfulness of this crime. Those human laws, that annex a punishment to
it, do not increase it’s moral guilt, or superadd any fresh obligation
in foro conscientiae to abstain it’s perpetration. Nay, if any
human law should allow or injoin us to commit it, we are bound to
transgress that human law, or else we must offend both the natural and
the divine. But with regard to matters that are themselves indifferent,
and are not commanded or forbidden by those superior laws; such for
instance, as exporting wool into foreign counties; here the inferior
legislature has scope and opportunity to interpose, and make that action
unlawful which before was not so." 1 Blackstone’s Commentaries 40-42.
ll procedural rules of the Permanent Court of Arbitration of the Republic of New Lemuria or the Hebrew Beit Din chosen by anyone of us who seeks dispute
resolution in accordance with that which is spoken aboveand who files a "Notice
of Intent to Arbitrate" after pursuing dispute resolution under Matthew 18, and
which rules of arbitration are not inconsistent with any of the foregoing
revealed Divine Law, are exclusively applied to any dispute resolution
concerning this Declaration of Trust Covenant and Prayer. All provisions, terms
and sections of any national, federal, regional, district, county, canton, city
or municipal "secular" law, rule, regulation or code are hereby declared to be
expressly excluded, and are excluded for all purposes, and for all times, from
any application to this Declaration of Trust Covenant and Prayer including by
way of enumeration and not limitation the execution, interpretation,
construction, enforcement, governance, dispute resolution and all other
applications to this Declaration of Trust Covenant and Prayer.
bba, El Elyon we hereby covenant and agree to and with one another that there
are no intended or incidental third Party beneficiaries to this Declaration of
Trust Covenant and Prayer other than those of Your Sonnes and Daughters who will
receive alms distributed from Your Blessings from the Trust Blessings from time
to time.
Seven.
o successor Trustee is liable or responsible for the acts or defaults
of any human being formerly a Trustee. A Successor Trustee may accept
the account rendered Trust Blessings transferred or delivered by any
outgoing
Trustee as a true count and as the entirety of the lawful money and other
assets comprised in the Trust Fund and shall incur no liability to any person
for so doing, provide such count is based exclusively in a lawful just weight an
measure.
here any Trustee dies or retires (i.e. the Aramaic signification of
death or retirement being: "present elsewhere), or is removed or refuses
to act, or is unfit to act, then the Protector or (if there is none
or-none able or willing to act) the Surviving Trustee or the lawful
representatives or liquidator of the
last Surviving Trustee or (if there is no such human being) the retiring or
removed Trustee hereby appoints one or more other human beings (whether or not
in being or including the persons exercising the power) to be a Trustee. In all
events the written instruction of the Protector is conclusive and binding upon
the Trustee, and takes precedence over all other instructions.
he Protector, or (if there is none or none able or willing to act)
the Successor Trustee may from time to time in writing appoint another
human being to be an additional Trustee or Protector.
Eight.
he Office of Protector shall be filled by [YOUR NAME ONE], Sui Juris,
Ingenuitas juris et de jureof the House of [YOUR SURNAME], Priest
After the Order of Melchizedek and Chaplain of Ealde Culdee
Kirke, a corporation sole, unless and until replaced by [YOUR NAME TWO],
Sui Juris, Ingenuitas juris et de jure of the House of [YOUR SURNAME],
Priestess After the Order of Melchizedek, next by [YOUR NAME THREE],
SuiJuris, Ingenuitas juris et de jure, of the House of [YOUR SURNAME], and
next succeeded by those who are called by the names set out on Schedule Three
hereto for the generations stated.
he Protector is not to be regarded as a Trustee but shall in the
exercise of his office speak on a direct relation with You Abba and
carry out Your instructions concerning the Office of the Presiding High
Priest After the
Order of Melchizedek of Ealde Culdee Kirke, a corporation sole named as
Beneficiary herein. Upon the condition that there is no Distress Occasion, then:
Either (1) The power of removing the Protector and appointing a new Protector
may be effected by the Office of the Presiding High Priest After the Order of
Melchizedek of Ealde Culdee Kirke, a corporation, providing written decree to
that effect, or (2) The Protector may appoint a successor additional Protector
or Protectors to take such office immediately or upon a specified event which
such appointment may be made revocable or irrevocable. The Protector shall have
the following powers which may be exercised only voluntarily and shall not be
effected if exercised under any involuntary albeit legal forms of tyranny,
government or compulsion or order:
Immediate removal of any Trustee and
Appointment a new or additional Trustee.
Appointment of additional or successor Protector(s)
Protector may retire at any time by giving thirty days notice provided the
succeeding Protector listed on Schedule 3 has taken office.
Nine.
he Trustee shall upon the direction of the Protector according to
Your Will Abba ,and may with the consent of the Protector delegate the
sub-management of the Trust Blessings to and appoint a manager or
managers
reasonably qualified to so manage Your Trust Blessings Abba by delegating the
bailee custodianship of the Trust Blessings to a bank in a non-interest bearing
account. Upon notice by the Protector and with the Protector's the Trustee
consent may consult an ecclesiastical lawyer or other qualified human being in
relation to the affairs of this Declaration of Trust Covenant and Prayer and the
reasonable fees incurred shall be paid as a proper expenses hereof.
Ten.
ithout prejudice to any duty of confidentiality under the revealed
Divine Law hereinabove recorded, the Trustee shall never under any
circumstances disclose to any human being or juristic entity or legal
persona (including their representatives or agents in whatever capacity)
any document, instrument, information or communication concerning this
Declaration of Trust Covenant and Prayer; Provided Always, that the
Trustee may make disclose the first page, the signature page and an
authorization to open anon-interest bearing bank account with the
consent of the Protector first provided in each such instance
Eleven.
he Protector is hereby granted by the Trustee an irrevocable Power of
Attorney to execute such documents and to do such other things on behalf
of any Trustee removed pursuant to the power conferred upon the
Protector hereby, as the Protector may consider requisite or desirable for
the purpose of vesting the Trust Blessings in the Trustees thereafter acting
and, without prejudice to the generality of the foregoing, the Protector is
hereby authorized to exercise any of the powers conferred herein by the revealed
Divine Law upon any such removed Trustee for the purpose of vesting the Trust
Blessings in the Trustees thereafter acting of for the purpose of protecting the
Trust Blessings.
Twelve.
his Declaration of Trust Covenant and Prayer is offered to You Abba
as an offering of our commitment to obey Your Word and to be faithful
stewards of the resources You provide to us gifts of Your Blessings with
anticipation to quiet retirement in prayer under Your Divine Providence and
Blessings. This Declaration of Trust Covenant and Prayer is established to carry
out only Your Will Abba, and the appointment made to the Trustee and Protector
is a recordation of Your Will.
n Witness Whereof, We by direct revelation from the Most High God
provide this living testament appointing the Trustee below described
under the revealed Divine Law with the Covenants herein recorded
acknowledge
the conveyance, delivery and acceptance of the Blessings (property and
hereditaments) listed on Schedule "A" and Addendum to be held upon sacred trust
hereunder.
nder the express dispute resolution procedures herein described, should any
provision herein be found by a designated lawful tribunal to be unlawful, the
remaining provisions shall be applied with full lawful force and full lawful
effect.
his Pure Trust Contract and Declaration is ensealed on the day, month
and year appearing adjacent the names and callings of those who have
placed their seals hereinbelow.
[L.S.]__________________________________ Date:_________________, 1998
[NAME], Trustee
Acknowledgement
_________________________ state }
} ss:
_________________________ county }
On ____________________, before me ________________________________________
Name, Title of Officer - E.G. "Jane Doe, Notary Public"
personally appeared _______________[NAME]__________________________
Known to me (or proved to me on the basis of satisfactory evidence) to be the
Citizen(s), person(s) whose name(s) is/are subscribed to the Pure Trust
Declaration and Contract and acknowledged to me that he executed the Pure Trust
Declaration and Contract in his authorized capacity as Trustee by his mark and
seal placed upon this Pure Trust Declaration and Contract.
WITNESS my hand and official seal.
My Commission Expires:______________________. [SEAL]
[L.S.]_____________________________________
Notary Public
Minutes of the Proceedings of the Trustee of
The Olde Culdee Church Pure Trust, Identification Number
52-*******
Authorizing the Opening of Non-Interest Bearing Bank
Account
I, Clay Hall Wilson, duly appointed Trustee of The Olde Culdee Church Pure
Trust, in accordance with the Declaration of Trust Covenant and Prayer attached
hereto and made a part hereof, on the day, month and year below written, hereby
adopts the following resolution:
RESOLVED, that commencing the twenty first day of the first month in
the Year of Our Lord Jesus, the Christ, One Thousand Nine Hundred Ninety Eight
that Clay Hall Wilson in the capacity of Trustee and/or [YOUR NAME ONE], JD of
the House of [YOUR SURNAME], in the capacity of Protector is/are hereby approved
to open a bank account for The Olde Culdee Church and to be signers on such
account. The Protector hereby accepts the lawful duties and responsibilities set
forth in the Declaration of Trust Covenant and Prayer attached hereto. Protector
holds no title, legal or equitable of any of the defined Trust Blessings as
Providential property, increase or distributions of The Olde Culdee Church Pure
Trust. Further, the Protector is not liable for any of the debts of The Olde
Culdee Church Pure Trust, it being the clear intention that no debts are
incurred.
The undersigned certify that he above has been duly adopted by the Trustee of
The Olde Culdee Church Pure Trust, and direct that the above Minutes be duly
recorded and placed in the Minute Book of The Olde Culdee Church Pure Trust
[L.S.]___________________________
[NAME], Trustee
Acknowledgement
_________________________ state }
} ss:
_________________________ county }
On ____________________, before me
________________________________________
Name, Title of Officer - E.G. "Jane Doe, Notary Public"
personally appeared
_______________[NAME]__________________________ Known to me (or proved to me
on the basis of satisfactory evidence) to be the Citizen(s), person(s) whose
name(s) is/are subscribed to the Minutes of the Proceedings of the Trustee of
The Olde Culdee Church Pure Trust, Identification Number 52-******* Authorizing
the Opening of Non-Interest Bearing Bank Account and acknowledged to me that
he executed the foregoing Minutes in his authorized capacity as Trustee by his
mark and seal placed upon this Pure Trust Declaration and Contract.
WITNESS my hand and official seal.
My Commission Expires:_____________. [SEAL]
[L.S.]_____________________________________
Notary Public
L.S.]_______________________________ Date: Twenty-First Day of the First
Month
[YOUR NAME ONE], JD
in the Year of Our Lord
Jesus the Christ
House of [YOUR SURNAME] One Thousand Nine Hundred Ninety Eight
Presiding High Priest After the Order of
Melchizedek of Ealde Culdee Kirke, a
Corporation Sole
[Parish Seal]
Acknowledgement by Notary and Apostille
[Hague Convention Abolishing the Requirement of Legalization
for
Foreign Public Documents (1961) TIAS 10072; 33 U.S.T. 883; 527
U.N.T.S. 189; Article 5(f) and (m) of Vienna Convention on
Consular Relations
21 U.S.T. 77; TIAS 6820; 596 U.N.T.S. 261]
Republic of New Lemuria Embassy }
} ss:
Republic of New Lemuria (country) }
On ____________________, before me
[_________________________________]
Name, Title of Officer - E.G. "Jane Doe, Notary Public"
Personally appeared [______________] of the House of [YOUR
SURNAME], Known to me to be the one whose name is subscribed to the
Minutes of the Proceedings of the Trustee of The Olde Culdee Church Pure Trust,
Identification Number 52-******* Authorizing the Opening of Non-Interest Bearing
Bank Account and acknowledged to me that he executed the foregoing Minutes
in his authorized capacity as Creator/Settlor therein defined by his mark and
seal placed upon this Pure Trust Declaration and Contract.
WITNESS my hand and official seal.
My Commission Expires: 31.12.2005, A.D.
[L.S.]_____________________________________ Commission Number:
00450
Notary Public
[L.S.]_______________________________ Date: Twenty-First Day of the First
Month
[YOUR NAME ONE], JD
in the Year of Our Lord
Jesus the Christ
House of [YOUR SURNAME] One Thousand Nine Hundred Ninety Eight
Presiding High Priest After the Order of
Melchizedek of Ealde Culdee Kirke, a
Corporation Sole
[Parish Seal]
Acknowledgement by Notary and Apostille
[Hague Convention Abolishing the Requirement of Legalization
for
Foreign Public Documents (1961) TIAS 10072; 33 U.S.T. 883; 527
U.N.T.S. 189; Article 5(f) and (m) of Vienna Convention on
Consular Relations
21 U.S.T. 77; TIAS 6820; 596 U.N.T.S. 261]
Republic of New Lemuria Embassy }
} ss:
Republic of New Lemuria (country) }
On ____________________, before me [_________________________________]
Name, Title of Officer - E.G. "Jane Doe, Notary Public"
Personally appeared [___________________________________] of the House of
[YOUR SURNAME], Known to me to be the one whose name is subscribed to the
Pure Trust Declaration and Contract and acknowledged to me that he executed the
Pure Trust Declaration and Contract in his authorized capacity as
Creator/Settlor therein defined by his mark and seal placed upon this Pure Trust
Declaration and Contract.
WITNESS my hand and official seal.
My Commission Expires: 31.12.2005, A.D.
[L.S.]_____________________________________ Commission Number: 00450
Notary Public
[L.S.]_______________________________ Date: Twenty-First Day of the First
Month
[YOUR NAME TWO] in
the Year of Our Lord
Jesus the Christ
Priestess After the Order of One Thousand Nine Hundred Ninety Eight
Melchizedek
Acknowledgement by Notary and Apostille
[Hague Convention Abolishing the Requirement of Legalization
for
Foreign Public Documents (1961) TIAS 10072; 33 U.S.T. 883; 527
U.N.T.S. 189; Article 5(f) and (m) of Vienna Convention on
Consular Relations
21 U.S.T. 77; TIAS 6820; 596 U.N.T.S. 261]
Republic of New Lemuria Embassy }
} ss:
Republic of New Lemuria (country) }
On ____________________, before me
[_________________________________]
Name, Title of Officer - E.G. "Jane Doe, Notary Public"
Personally appeared [YOUR NAME TWO], House of [YOUR
SURNAME], Known to me (or proved to me on the basis of satisfactory
evidence) to be the one whose name is subscribed to the Pure Trust Declaration
and Contract and acknowledged to me that he executed the Pure Trust Declaration
and Contract in his authorized capacity as Creator/Settlor therein defined by
his mark and seal placed upon this Pure Trust Declaration and Contract.
WITNESS my hand and official seal.
My Commission Expires: 31.12.2005, A.D.
[L.S.]_____________________________________ Commission Number:
00450
Notary Public
Glossary for
The Olde
Culdee Church
Pure
Trust
By
Declaration of
Trust
Covenant and
Prayer
othing contained in the significations of words and phrases
presented below is intended to limit, alter, abrogate or annul the revealed
Divine Law and the Word of God contained in the Holy Bible, nor the Customs,
Usages, Precepts, Maxims of Law of Ealde Culdee Kirke established by private
By-Laws, Charter and otherwise. These significations are provided for
clarification and ease for clarification purposes only in reading and
understanding the ecclesiastical Law of Ealde Culdee Kirke and any documents
used by the Office of the Presiding High Priest After the Order of Melchizedek
of Ealde Culdee Kirke, a corporation sole. The following words and phrases
signify
Action - Distinguished from civil actions defined in
the United States' Federal Rules of Civil Procedure (Rule 2) and "special
proceedings" defined in the United States' Federal Rules of Civil Procedure
(Rule 71A), the term "action" signifies at law actions under the Law of the Land
and Biblical common law, as will lie on particular facts, at Biblical common
law, without the aid of statute and are called ex contractu when they
arise out of contract, and ex delicto when they arise out of tort. Both
ex contractu and ex delicto actions are real actions at Biblical
common law, brought for specific recovery of lands, tenements, or hereditaments.
They are droitural when they are based upon the right of real property, and
possessory when they are based on the right of possession. They are either writs
of right, writs of entry upon disseisin (which lie in the per, the per et cui,
or the post), intrusion or alienation; writs of ancestral possessory, as mort
d'ancestor, aiel, besaiel, cossinage or nuper obiit. The former class is divided
into droitural upon the demandant's claim in respect of a mere right descended
to him or her from an ancestor. Possessory actions are divided the same way, as
to the demandant's own seisin and as that to his or her ancestor. Among sentient
human being member Friends in the township, real actions are also called
vindications in which a Freeman or Freewoman demands something that is his or
her own.
Adjective - The aggregate of rules or procedure of
practice in Our Own Courts acknowledged in the Law of the Land adopted in the
township.
Agnati - In Roman taw. The term included "all the
cognates who traced their connection exclusively through males. A table of
cognates is formed by taking each lineal ancestor in turn and including all his
descendants of both sexes in the tabular view. If then, in tracing the various
branches of such a genealogical table or tree, we stop whenever we come to the
name of a female, and pursue that particular branch or ramification no further,
all who remain after the descendants of women have been excluded are agnates,
and their connection together is agnatic relationship." Maine, Anc- Law, 144;
All persons are agnatically connected together who are under the same patria
potestas, or who have been under it, or who might have been under it if their
lineal ancestor had lived long enough to exercise his empire. Maine, Anc. Law,
144. The agnate family consisted of all persons, living at the same time, who
would have been subjectto the patria potestas of a common ancestor, if his life
had been continued to their time. Hadl. Roman Law. 131. Between agnati and
cognati are included, but not e' converso: for instance, a father's brother,
that is, a paternal uncle, is both agnatus and cognatus, but a mother's brother,
that is, a maternal uncle, is a cognatus but not agnatus. (Dig, 38,7,5,pr.)
Burrill.
Agnation - Relation by the father's side only, or
descent in the male line, distinct from cognition, which includes descent from
the male and female lines. Websters Dictionary, 1828
Agnomen - An additional name or title; a nickname. A
name or title which a man gets by some action or peculiarity. The last of the
four names sometimes given a Roman. Thus, Scipio Africanus, (the African,) from
his African victories, Ainsworth, Calvin. Black's Law Dict., 1st ed. 1891.
Allodial - The highest form of possession and
stewardship of Land as an inheritance from the Most High God which is free and
not holden of any lord or superior. It is possessed without obligation or
vassalage or fealty and signifies the opposite of feudal. The land in the
Kingdom of Heaven has been established as an everlasting inheritance from the
Most High God to through Noah [See Genesis chapters 8 and 9] and through
Abraham, for You Abba speak and we hear:
And I will establish my covenant between me
and you and your descendants after you throughout their
generations for and everlasting covenant, and I will be God to
you and to your descendants after you. And I will give to you
and your descendants after you, the land in which you sojourn,
all the land of Canaan, for an everlasting inheritance; and I
will be their God. Genesis 17:7-8.
Surely the land shall not be sold outright;
for the land is mine; you are strangers and sojourners with me.
Leviticus 25:23.
Almoner - An officer whose duty is to distribute
charity or alms. By the ancient canons, every monastery was to dispose of a
tenth of its income in alms to the poor, and all bishops were obliged to keep an
almoner. This title is sometimes given to the chaplain; as, the almoner of a
ship or regiment. The Lord Almoner, or Lord High Almoner, in
England was an ecclesiastical officer, generally a bishop, who has the
forfeiture of all deodands, and the goods of self-murders, which he is to
distribute to the poor. See, Noah Webster's First Edition of an American
Dictionary of the English Language 4-5 (1st ed., 1828).
Almonry - The place where the almoner resides, or
where the alms are distributed. See, Noah Webster's First Edition of an
American Dictionary of the English Language 5 (1st ed., 1828).
Alms - Any thing received of given anonymously for
eleemosynary purposes such as to relieve harship, help the the poor and infirm,
help widows and children, provided from God's gifts as money, food, or clothing.
Alms denote private and not public charity for You Abba speak and we hear:
1 Take heed that ye do not your alms before men, to be
seen of them: otherwise ye have no reward of your Father which is in heaven.
2 Therefore when thou doest thine alms, do not
sound a trumpet before thee, as the hypocrites do in the synagogues and in the
streets, that they may have glory of men. Verily I say unto you, They have their
reward. 3 But when thou doest alms, let not thy left hand
know what thy right hand doeth: 4 That thine alms may be
in secret: and thy Father which seeth in secret himself shall reward thee
openly.
5 And when thou prayest, thou shalt not be as the
hypocrites are: for they love to pray standing in the synagogues and in
the corners of the streets, that they may be seen of men. Verily I say unto you,
They have their reward. Matthew 6:1-5 (KJV)
A lame man was laid daily to ask an alms. Acts iii.
Cornelius gave much alms to the people. Acts x.
Tenure by free alms, or frank-almoign, in
England, is that by which the possessor is bound to pray for the soul of the
donor, whether dead or alive; a tenure by which most of the ancient monasteries
and religious houses in England held their lands, as do the parochial clergy,
and many ecclesiastical and eleemosynary establishments at this day. Land thus
held was free from all rent or other service. Blackstone. See, Noah
Webster's First Edition of an American Dictionary of the English Language
5 (1st ed., 1828).
Almshouse - A house for the publicly or privately
supported paupers of a city or county; may also be termed a "mission". In
England an almshouse is not synonymous with a workhouse or poorhouse, being
supported by private endowment. See, Black's Law Dictionary 77 (6th ed.,
1990).
"Apostle Literally, "one who is sent." Apostle is used
for the title of the Twelve Disciples who formed the foundation of the New
Testament Church, replacing, symbolically the twelve tribes of Israel. In order
to maintain the symbolism, Matthias was electred to replace Judas (Acts
1:15-26). The word is also used of the Seventy (or 72) sent by Christ, as well
asof Paul, the repentant prosecutor whom the risen Jesus sent as 'apostle to the
Gentiles' (Rom. 11:13). Great missionaries of the Church, such as Mary Magdalene
(the 'apostle to apostles'), thekla, Nira, Vladimir and Innocent of Alaska. "
Ancient Honors and Protections - The privileges and
immunities of a township member Friend acknowledged in Letters Patent, Diplomas,
Coat of Arms and other matters included within the description of heraldry under
the Law of the Land.
Assembly - The congregation of sentient human being
member Friends at will in exercise of their Inalienable Rights of Life, Natural
Liberty and the pursuit of Happiness.
Assigns - A sentient human being member Friend in whom
the Law of the Land vests Inalienable Rights. [An example of this is the
Inalienable Right to take Land by Right of Hereditament or Right of Contract
under Letters Patent, a Land Patent or a King's Grant as an heir or assign
forever.]
Association - An assembly in community of sentient
human beings in a jural society constituting the township.
Assistance of Counsell - A sentient human being's
exercise of his or her Inalienable Right of Self-Defence in an action (whether
civil or criminal) to freely chose the Freemen and Freewomen who will assist
them at any time during the pendency of such action. During the pendency of any
action, notice of the exercise of this Right is given by Notice of Designation
of a Lawyer-in-Fact. [See Counsell, infra.]
Authority to Enseal - The Regent or Almoner’s hereto
acknowledge and represent, for themselves, that each has the requisite authority
to seal this Agreement on their own behalf .
Biblical Law of Biblical Common Law - Signifies, for
purposes of this Agreement, the Divine Law of the Most High God governed by,
construed and enforced in accordance with ecclesiastical law of Ealde Culdee
Kirke, congregational p[rinciples concerning chapels and churches all in
accordance with the revealed Divine Law and the following Seven Noahide Laws of
the Melchizedek Covenant:
1. You shall not serve any God but the Most High God of
heaven and earth.,
2. You shall not doubt that faith is the only requirement for
eternal salvation.
3. You shall not bear false witness.
4. You shall not kill.
5. You shall not steal.
6. You shall not commit adultery.
7. You shall not show disrespect for your parents or elders;
together with the Covenant between the Most High God and
Adam, Noah, Melchizedek, Abraham, Moses and Jesus, the Christ found in The Holy
Bible Peshitta translation of G. Lamsa, 1933) (hereinafter collectively the '
revealed Divine Law'. in this Agreement, some of which is set out in length in
this Glossary, the Law of the Land,
The Biblical common law has been derived from two basic
sources, the Biblical common law of Hebrews established by Joseph of Arimathea
[circa 63 Anno Domini] in Glastonbury, England, by establishment of Ealde Culdee
Kirke, thereafter taught by St. Patrick, St. Columcille and others throughout
Ireland, Iona, Scotland and England, and, to a more limited extent, the practice
and decision of courts, applying the Divine Law of the Most High God to the
dispute. None of the foregoing description, or that hereinafter set out is in
any sense intended to violate the fact that the Most High God gave his Sons and
Daughters, each made in his image, dominion over "words" which describe things,
but nver did the Most High God ever grant any man or woman dominion over any
other man or woman, for You Abba speak and we hear:
Then God said, Let us make man in our image,
after our likeness; and let them have dominion ovr the fish of
the sea, and over the fowl ofthe air, and over the cattle, and
over all wild beasts of the earth, and over every creeping thing
that creeps on the earth." Genesis 1:26.
In some states, the English Biblical common law has been
adopted by statute, but without effect to The House For God’s Children, and each
Regent and Almoner hereto. There is no general rule to ascertain what part of
the English Biblical common law is applicable to a particular set of
circumstances, it being the intention of The House For God’s Children and each
Regent and Almoner hereto to acknowledge among one another complete and
unfettered access to all Customs, Usages, Precepts, Maxims of Law and doctrines
of law (written and unwritten) for all purposes to support their position in any
case in which they might be involved. To run the line of distinction, is a
subject of embarrassment to courts, and the want of it a great perplexity to the
student. Kirb. Rep. Pref. It may, however, be observed generally, that it is
applicable where: it is accepted by consent before application and is founded in
reason and consonant to the genius, customs, creation and manners of those
involved in a particular dispute.
Cases - Upon the filing of an action in Our Own
Courts, lawful service of process being made thereon and returned, the parties
and issues being properly joined, and facts and issues being traversed (whether
by common traverse, general traverse or special traverse) all under the Law of
the Land, a case is made that is therefore cognizable by Our Own Courts.
Chapel - 1. A place of Christian worship subordinate
to and smaller than a church, 2a. a room or a building used as a place of
worship, as in a hospital, school, or army post, b. a room in a funeral home for
funeral services, 3a. a room or recess in a church, set apart for special
services and having its own altar, b. a similar room in some Jewish synagogues,
4. A service in a chapel, or any religious service, as at a school, 5. The
singers of a private chapel, collectively, 6. A local chapter of a printer's
union, 7. In Great Britain, any place of worship who are not membes of an
established church.
Chaplain - (custodian of St. Martin's cloak) 1. A
clergyman attached to a chapel, as a royal court, 2. A minister, priest, rabbi
serving in a religious capacity with the armed forced, or in a prison, hospital,
etc., 3. A clergyman, or sometimes a layman, appointed to perform religious
functions in a public institution, club, etc.
Childe - Contracted from Saxon Cild (Saxon
being contracted from "Isaac son" a child of Our Patriarch Abraham) "Childe
- A child of noble birth.." The American Heritage Dictionary of the
English Language (Houghton Mifflin, New York 3d ed. 1992, page 332). One
young in grace. 1 John 2.; One who is unfixed in principles. Ephesians Chapters
4 and 5. [See, Noble and Nobility, infra].
Columcille - (St. Columcille or Columba)
St Columba
Feast Day: 9 June
Crimthain, meaning 'fox' or 'cunning wolf, came of
noble Irish families on both sides of his lineage and was a descendant of Niall
of the Nine Hostages, who led the raid in which St Patrick
was captured and taken to Ireland.
As a young boy he could often be found
in prayer and so acquired the nickname Columcille, meaning 'the dove of the
church' - Columba in its shortened Latin form, and the name by which he is now
remembered. His father was called Phelim O'Donnell and his mother Eithne.
Columba's birth was predicted by Mochta,
a disciple of St Patrick, and took place at Gartan in County Donegal on Thursday
7 December in AD 521. Since then, among the Gaelic people Thursdays have been an
auspicious day on which to begin a new task or undertaking, such as weaving or
starting a journey. Before Columba's birth his mother, Eithne, had a dream in
which she was given a great cloak, displaying many beautiful colours and
patterns, which stretched from the coast of Ireland to Scotland.
In her vision the magnificent cloak was
taken from her by a young man, which made her very sad. However, he returned and
told her that she need not grieve, because the dream meant that she would bear a
son who would be renowned for his teaching throughout Scotland and Ireland, and
so she should be joyful.
In Columba's youth his guardian angel
visited him and invited him to choose two virtues. He chose chastity and wisdom,
and the third gift of prophecy was bestowed upon him also as a reward for his
wise choosing. From childhood he was destined for the priesthood, and he went to
the monastery of St Finian at Movilla, at the head of Strangford Lough in County
Down, to study theology as well as the arts of copying and illuminating
manuscripts. Here he was made a deacon of the church.
After a time he travelled on to
Leinster and placed himself under the tutelage of the bard Gemman, from whom he
learned of poetry and music and many of the ancient traditional tales of
Ireland. Some of Columba's own poems are preserved in manuscript form in the
Bodleian Library in Oxford. His studies continued under another Finian at
Clonard, and then at the monastery of Mobhi at Glasnevin near Dublin, until in
546, when he was only twenty-five years old, Columba founded his first
monastery. It was on the site of a Druid sacred grove at Doire Calgach, later
called Doire Cholm Cille for nearly 1,OOO years and now known as Derry.
Nothing remains of the buildings today,
although the round tower stood until as late as 625. This was the place that
Columba loved best and which always remained dearest to his heart. In 533 the
monastery of Durrow in County Offaly was established, and then foundations at
Kells in County Meath and Moone in County Kildare.
During his ministry, the saint is said
to have founded as many as thirtyseven monastic churches in Ireland. St Columba
used his skill as a copyist and illustrator throughout his life. There is a
manuscript of the Psalms written in Columba's own hand and known as the 'Cathach'
or 'The Battle Book of the O'Donnells' because it was later carried into battle
by that family, who claimed the same ancestry.
Columba is said to have produced l00
handwritten gospel books altogether, and each time he founded a church, one was
given as a gift. He led a party of people on a pilgrimage to the tomb of St
Martin at Tours, and he returned with a gospel book that had lain in the earth
for a century on St Martin's breast. This became a great treasure of his Derry
monastery.
In 561, when Columba was forty years
old, he returned to stay with his dear friend Finian at Movilla. Here in the
library was a wonderful manuscript known as 'St Martin's Gospel', containing the
Mosaic law and the Psalms as well as the four gospels. It was a translation in
Latin by St Jerome, copied by Finian while at Whithorn and which St Ninian
himself had brought from Gaul. Columba coveted this book greatly and he
determined to make a copy of it in secret, night after night. On discovering
that Columba had duplicated the book, Finian was outraged and in his anger
demanded that the copy should be returned and become the property of Movilla.
Columba was displeased at this and
demanded that the matter should be taken to the court of the High King Diarmid
for him to pronounce judgement.
After hearing both sides the King ruled
with these words: 'To every cow its calf, to every book its copy' - meaning that
the original and Columba's copy both belonged to Finian. Columba refused to
accept this decision and rallied his friends and members of his clan and family
to support him against King Diarmid. The opposing sides met in a valley near
Sligo where the mighty battle of Cuildrevne was fought, resulting in the
slaughter of many thousands of men. Diarmid was defeated, but Columba was filled
with remorse when he realized at what cost he had won his victory.
The High King appealed to the church
authorities and a synod was held at Teltown in County Meath to discuss St
Columba's fate. The assembled clerics made the decision to excommunicate him for
causing civil war and so much bloodshed, but his friend Brendan of Birr came to
his defence and succeeded in overturning the sentence. In contrition he sought
out his confessor and soul-friend St Molaise of Devenish in Lough Erne, who
imposed on him the penance of lifelong exile from his native Ireland and bade
him go as a missionary to win as many souls for Christ as lives had been lost in
the battle.
This was a bitter punishment for
Columba, but in the year 563 he sailed away with twelve companions. They came to
shore on the island of Oronsay, but Columba found that he could still see the
coast of his beloved Ireland from there, and so after resting they continued
their voyage northwards. Finally they landed on the island of Hy, now known as
Iona, at Port na Curaich, the 'Port of the Coracle'.
Above this bay there is a pile of
stones known to this day as the 'Cairn of the Back Turned to Ireland', which the
saint climbed to assure himself that he could no longer see his native land.
Odhrain of Latteragh, who had died thirteen years before and was Columba's
cousin, had already founded a church here, and in the cemetery known as Rilig
Odhrain the Irish kings of Dalriada were buried. The monastery on Iona became St
Columba's chief foundation and for many years, until superseded by St Andrew, he
was the patron saint of Scotland.
Many missionary journeys were
undertaken from Iona, and on one occasion Columba travelled north to visit Brude,
a Pictish king. The King refused the little band admission to his fortress and
the great doors were barred against them. However, the saint made the sign of
the cross and the gates swung open, allowing them to enter. Brude and Columba
became firm friends and the chieftain was instrumental in securing the tenure of
Iona for the monks.
Columba loved all of creation and was
very close to the natural world. Combined with his gift of seership, this
enabled him to help his fellow creatures, both man and animal, in an
extraordinary way. One day he called one of the brothers to him and told him
that in three days' time he was to wait on the western side of Iona for a crane
which would be blown off course and arrive hungry and exhausted on the shore.
The monk was further instructed to carry the creature tenderly to a nearby house
and to nurse and feed it for three days and nights. It happened just as Columba
had predicted and, the rescue having been accomplished, the grateful bird, fully
recovered, took to the air and flew away to Ireland.
Another time, as the saint was reading
in his cell, a robin came and perched on a nearby ledge, singing sweetly.
Columba listened to its piping song and not only heard the notes but seemed to
understand a story of how a similar bird had been present at the Crucifixion.
The little creature had perched on the crown of thorns and tried to pull them
out of Jesus' bleeding brow, and this is how the bird which was formerly all
brown came to have a red breast.
Another story tells how Columba was
about to cross the River Ness when he saw some men who were burying the dead
body of their friend. He had been swimming and had been attacked and killed by a
fierce monster. Seeing that the ferry-boat was on the far bank of the river, one
of Columba's party, Lugne, courageously jumped into the water to bring it
across. Swiftly the monster reappeared and, with gaping jaws, bore down on the
hapless monk.
When Columba made the sign of the cross
it turned and swam away at once, leaving the thankful party to cross the river
in safety. Like many of the Celtic saints, Columba knew when he was going to
die. He told his brethren that he had longed to leave this world at Eastertide
but that he had not wanted to turn the feast into a time of mourning for them
and so had waited a little longer. On his last day on earth he was taken in a
cart out to the fields where his monks were toiling, and here he blessed the
grain and crops. An old white horse which had faithfully served the brothers for
many years approached him and, gently resting his head on Columba's shoulder,
was seen to weep tears at the saint's impending departure from this world.
Later in the day Columba attempted some
manuscript copying, but on reaching the tenth verse of Psalm 34, 'but those who
seek the Lord lack no good thing', he laid aside his pen, declaring that someone
else would have to finish the task. It was 9 June in the year 597, the very year
that St Augustine was sent from Rome and landed in Kent. He was buried on Iona,
but it is said that his body was later taken to Downpatrick to lie in a grave
along with those of St Patrick and St Brigid. Each year on his feast day, 9
June, a three-mile pilgrimage or 'turas' takes place at Glencolmcille. The first
and most well-known biography of Columba was written only about a century after
his death by Adamnan, one of his successors as Abbot of Iona, and it contains
many instances of the miraculous powers of the saint.
One story is of an apple tree which
grew on the south side of the monastery at Derry. It was prolific but bore only
very bitter fruit. After Columba blessed the tree the apples became sweet and
edible. An interesting historical link with the present day is that when in S74
Columba consecrated and anointed his friend Aidan as the Christian king of the
Irish people in Scotland, he set a precedent which has been followed down the
ages and is still continuing in the coronation ceremonies held in Westminster
Abbey today.
As we have seen, Columba possessed the gift of prophecy
and a famous stanza attributed to him runs,
Iona of my heart,
Iona of my lore,
Instead of monks' voices
Shall be lowing of cattle;
But ere the world come to an end,
Iona shall be as it was.
Today the abbey has been rebuilt and there is once more
a Christian community on the island of Iona.
© Camelot International 1997
Compurgation - The act, practice and Inalienable Right
of Self-Defence by justifying a Freeman or Freewoman by the statements of others
who state their belief of his or her veracity. This act also includes wager of
law, in which a Freeman or Freewoman who has given security to make his or her
law, brings into Our Own Courts eleven of his or her neighbors from his or her
vicinage, and having made oath himself or herself that he or she does not owe
the plaintiff, the eleven neighbors, called compurgators, avow on their oaths
that they believe in their consciences that he or she told the truth.
Compurgators - One who bears testimony or witnesses
upon their honor to the veracity of the innocence of another.
Cognates - Relations by the mother's side, or by
females. Mackeld. Rom. Law, 144. A common in Scotch Law. Ersk. Inst. 1,7,4.
Black's Law Dict., 1st ed. 1891.
Cognati - In the civil law, Cognates; relations by the
mothers side. 2 Bl. Comm, 235. Relations in the line of the mother. Hale, Com.
Law, c. xi. Relations by or through females. Black's Law Dict, 1st ed., 1891.
Congregation -[See General Discussion of
congregationalism prepared by Ealde Culdee Kirke].
Generally, an assembly of free human beings, especially a
body so assembled for religious worship, or habitually attending a particular
church, and hence the basis of the religious system known as Congregationalism
(q.v.) (Lat.); congregatio a gathering together, from cum, with grex, a flock).
In the English versions of the Bible "congregation" is used
to translate Heb. 'edah, the whole community of the Israelites; and kahal, the
assembly of the people; but in the Revised Version "congregation" is kept for
the first (LXX. sunagoge) and "assembly" for the second (LXX. ekkiesia). In the
Roman Church the word is used in several senses.
(1) The congregations or committees of the college of
cardinals which form administrative departments, eg., the congregations of
Propaganda, Rites, etc. (see Curia Rortiana).
(2) The committees of bishops for the regulation of procedure
at general councils.
(3) The branches of a religious order, following its general
rule, but forming separate groups, each with its special constitution and
observances. Thus the Trappists are a congregation of the Cisterian order,
itself an offshoot of Benedictine monasticism.
(4) Communities of religious under rule, composed of persons
who have taken no vows, such as the Oratorians, Oblates and Lazarists.
(5) In France, religious associations of lay persons, male or
female, for some pious. charitable or educational purpose (see French Law and
Institutions).
In secular usage there are two congregations or governing
bodies of the universlty of Oxford, viz., the "Ancient House of Congregation"
which, consisting of the Vice-chancellor, proctors and regent masters, grants
and confers degrees; and the "Congregation of the University of Oxford," created
by act of Parliament in 1854, and consisting of all members of convocation who
are technically resident. All statutes must be passed by this congregation
before their introduction in convocation, and it alone has the power of amending
statutuei. In the university of Cambridge Congregation is the term of the
meeting of the senate. In Scottish history, the frequent occurrence of the word,
in the sense of "kirke" [church]; in the national covenant of 1537, gave the
name of "congregation" to the reforming party, and the signatories of the
covenant were generally known as "lords of the congregation".
Consecrate - 1.) to make or declare to be sacred, by
certain ceremonies or rites; to appropriate to sacred uses; to set apart,
dedicate, or devote, to the service or worship of God; as to consecrate a
church. "Thou shalt consecrate, Aaron and his sons." Exodus 29. All the silver,
and gold, and vessels of brass and iron, are consecrated to the Lord." Joshua 6:
2.) To canonize; to exalt to the rank of a saint; to enroll among the gods, as a
Roman emperor. 3.) To set apart and bless the elements in the eucharist. 4.) To
render venerable; to make respected; as, rules or principles consecrated by
time. Consecrate - Sanctify; While holiness if fundamentally a quality of
God (Job 6:10; Isa. 6:1-5; Hos. 11:9), by God's actions persons, places, or
objects can be consecrated and sanctified, i.e., separated from common life or
use and dedicated in some way to the service or worship of God.. The Hebrew term
for this is "qadash" or "qodesh" signifying hallowed or holy, separated from
that which is secular or mundane. [See, Myers, Allen C., The Eerdmans
Bible Dictionary, William B. Eerdmans Publishing Company, Grand Rapids
Michigan (1987), pp. 911 and 493-494]; Rushdoony, Rousas John, The
Institutes of Biblical Law, The Craig Press, (1973), pp. 549-560.
Consecrated - Made sacred by ceremonies or solemn
rites; separated from a common to a sacred use: devoted or dedicated to the
service and worship of God; made venerable.
Consecration - act or ceremony of separating from a
common to a sacred use, or of devoting and dedicating a person or thing to the
service and worship of God, by certain rites or solemnities. Consecration does
not make a person or thing really wholly, but declares it to be sacred, that is
devoted to God or to divine service; as the consecration of the priests among
the Israelites; the consecration of the vessels used in the temple, the
consecration of a bishop. 2.) Canonization; the act of translating into heaven,
and enrolling or numbering among the saints or gods; the ceremony of the
apotheosis of an emperor. 3.) The benediction of the elements in the encharist,
the act of setting apart and blessing the elements in the common.
Corporation - A body politic formed under the Law of
the Land, which is authorized by such body in the aggregate to act as its agent,
distinguished from a limited liability entity, formed by franchise agreement
with the consent and authority of a State of the UNITED STATES with the legal
status of a 'person' under the 14th Amendment. For purposes herein, the term
State of the UNITED STATES is synonymous with UNITED STATES as both are
signified in 4 U.S.C.S. ' 104-110 and 28 U.S.C.S., ' 3002 (15).
Counsell of Choice - That certain sentient human being
[whether lawyer, friend, clergy, bookkeeper, relative, &c.] chosen by a sentient
human being township member Friend to assist him or her in the preparation and
maintenance of any Action in Our Own Courts or otherwise. Counsell of Choice is
distinguished from the term "attorney" by reason of the fact that Counsell of
Choice does not "represent" a litigant before Our Own Courts, but is merely
present to assist all such litigants who present themselves In Propria
Persona.
Covenant - The Hebrew sound made by speaking the word
"barah", the primitive root of the word covenant and its Aramaic equivalent,
signifying "to eat; for eating, devouring; to cause to eat". The signification,
custom and usage of the word "covenant" found in the Books of Genesis, Exodus,
Leviticus, Numbers and Deuteronomy of the Holy Bible (Aramaic Peshitta
Text, George M. Lamsa's translation, 1933).
But I will establish my covenant with you;
and you shall enter into the ark, you, and your sons, and your
wife, and your sons' wives with you. Genesis 6:18.
And God said blessed Noah and his sons, and
said to them, Be fruitful, and multiply, and replenish the
earth. 7. As for you, be fruitful, and multiply; bring forth
abundantly on the earth, and multiply in it. 8. And God spoke to
Noah, and to his sons with him saying, 9. As for me, behold, I
will establish my covenant with you and with your descendants
after you; 11. And I will establish my covenant with you; so
that never again shall all flesh perish by the waters of a
flood; neither shall there any more be a flood to destroy the
earth. 12. And God said to Noah, this is the sign of the
covenant which I make between me and you and every living
creature that is with you, for perpetual generations; 13. I set
my bow in the clouds, and it shall be a sign of a covenant
between me and the earth. 14. And it shall come to pass, when I
shall bring clouds over the earth, that the bow shall be seen in
the clouds; 15. And I will remember my covenant, which is
between me and you and every living creature that is with you of
all flesh; and the waters shall no more become a flood to
destroy all flesh. 16. And the bow shall be in the clouds; and I
will look upon it as a remembrance of the everlasting covenant
between God and every living creature of all flesh that is upon
the earth. 17. And God said to Noah, This is the sign of the
covenant which I have established between me and all the flesh
that is upon the earth. 18. The sons of Noah who went forth out
of the ark were Shem and Ham and Japheth; and Ham is the father
of Canaan. 19. These three were the sons of Noah; and from them
the people spread throughout the earth. Genesis 91-19
10. These are the descendants of Shem. Shem
was a hundred years old, and begot Arphakhashar, two years after
the flood. 24. And Nahor lived twenty-nine years, and begot
Terah; 26. And Terah lived seventy-five years, and begot Abram,
Nahor and Haran. 27. Now these are the descendants of Terah
Terah begot Abram, Nahor and Haran. Genesis 11:10-32
1. When Abram was ninety-nine years old, the
LORD appeared to him, as said to him, I am the Almighty God;
walk well before me, and be faultless. 2. And I will make my
covenant between me and you and will multiply you exceedingly.
3. And Abram fell on his face; and God talked to him, saying, 4.
As for me behold, I am establishing my covenant with you, and
you shall be a father of many peoples. 5. Neither shall your
name any more be called Abram, but your name shall be Abraham;
for I have made you a father of many peoples. 6. And I will make
you fruitful, and multiply you exceedingly; and I will make you
a father of many nations, and kings shall come out of your
loins. 7. And I will establish my covenant between me and you
and your descendants throughout their generations for an
everlasting covenant, and I will be God to you and to your
descendants after you. 8. And I will give to you, and your
descendants after you, the land of Canaan, for an everlasting
inheritance; and I will be their God. 9. And God said to
Abraham, You shall keep my covenant, you, and your descendants
after you throughout their generations.Genesis 17:1-9.
You shall make no covenant with them, or with
their idols. Exodus 2332.
Then Simon Peter with the rest of the
apostles answered, saying to them, We must obey God rather than
men. Acts 529
And if you hearken diligently to the voice of
the LORD your God, to observe and to do all his commandments
which I command you this day, the LORD your God will set you on
high above all the nations of the earth. 2. And all these
blessings shall come on you, and overtake you, if you shall
hearken to the voice of the LORD your God. 3. Blessed shall you
be in the city, and blessed shall you be in the field. 4.
Blessed shall be the fruit of your body and the fruit of your
ground, and the bearing of your cattle, the increase of your
herds, and the flocks of your sheep. 5. Blessed shall be your
breadbasket and your dough. 6. Blessed shall you be when you
come in, and blessed shall you be when you go out. 7. The LORD
shall cause your enemies who rise up against you to surrender
defeated before you; they shall come out against you by one way;
and flee before you by seven ways. 8. The LORD shall command
blessings upon you in your storehouses, and in all that you put
your hand to; and he shall bless you in the land which the LORD
your God gives you; 9. The LORD shall establish you a holy
people to himself, as he has sworn to you, if you shall keep the
commandments of the LORD your God and walk in his ways. 10. And
all the people of the earth shall see that you are called by the
name of the LORD, and they shall be afraid of you. 11. And the
LORD shall enrich you in good things, in the fruit of your body
and in the bearing of your cattle and in the fruit of the
ground, in the land which the LORD swore to your fathers to give
you. 12. The LORD shall open to you his good storehouse, the
heaven, to give you rain to your land in its season; and he will
bless all the works of your hands; and you shall lend to many
nations, but you shall not borrow; and you shall rule over many
nations, but they shall not rule over you. 13. And the LORD
shall make you the head, and not the tail; and you shall be on
top only, and you shall not be beneath; if you will hearken to
the commandments of the LORD your God which I command you this
day, to observe and to do them. 14. And you shall not turn aside
from any of the commandments which I command you this day, to
the right hand, or to the left, and you shall not go after the
Gentile gods, nor serve them. 15. But if you will not hearken to
the voice of the LORD your God, and do not observe and do all
his commandments and his statutes which I command you this day,
then all these curses shall come upon you and overtake you.
Deuteronomy 28:1-15.
17. You shall not therefore defraud one
another; but you shall fear your God; for I am the LORD your
God. 18. Wherefore you shall do my commandments and keep my
judgments and do them; and you shall dwell in the land in
safety. 23. Surely the land shall not be sold outright; for the
land is mine; you are strangers and sojourners with me. 24. And
in all the land of your possession you shall grant a redemption
for the land. 25. If your brother becomes poor and sells some of
his possession, then his nearest of kin shall come and redeem
that which his brother has sold. 31. But house of the villages
which have no walls round about them shall be counted as the
fields of the country; they may be redeemed, and shall be
released in jubilee. Leviticus 25:17-31.
Then all the people answered together and
said, 'All that the Lord has spoken we will do.' So Moses
brought back the words of the people to the Lord. Exodus 198.
No man can serve two masters; for either he
will hate the one and like the other; or he will honor one and
despise the other. You cannot serve God and mammon. Matthew
6:24.
Crested - A term used in heraldry denoting devices set
over a coat of arms.
Diploma [Fr. duploma] - A letter, letter patent,
charter, grant, writing or other instrument under seal of the township or an
educational institution acknowledged by the township as acknowledging an honor,
power, privilege or authority.
Droit administrative - Administrative law as defined
within civil law by French authorities in general terms meaning the body of
rules which regulate the relations of the administration or administrative
authority towards "persons" by reason of the existence of a contract between
such "person" and the authority.
Easement of passage - An Inalienable Right of Natural
Liberty to travel upon land or across water upon a public way, reserved by a
Freeman or Freewoman. This Inalienable Right is acknowledged by the township
member Friends as an unenumerated Rite.
Electors - Freemen and Freewomen member Friends in the
township exercising their Inalienable Right of suffrage as legislators under the
Law of the Land.
Evidence - Testimony, writings, material objects, or
other things, lawfully presented at the trial of an action by the act of the
parties and through the medium of witnesses, admissible in an action under the
Law of the Land, elucidating and enabling the mind to perceive the truth.
Faith - "Now faith is the substance of things hoped
for, as it is the substance of things which have come to pass; it is evidence of
things not seen. And in this way it became testimony concerning the elders.
For it was thorough faith we understand that the worlds were framed by
the word of god, so that things which are seen came to be those which are
not seen. It was by faith Abel offered a more excellent sacrifice to God
than Cain, and because of this, he received a testimony that he was righteous,
and god testified to his offering; therefore, even though he was dead, he
speaks. By faith Enoch departed and did not taste death, and he was not
found, because God took him; but before he took him away, there was a
testimonial about him, that he pleased God. Without faith man cannot
please God; for he who comes near God must believe that he is, and that he is a
rewarder of those who seek him. By faith Noah, when he was warned
concerning the things not seen, became fearful and made an ark to save his
household; and by it he condemned the world and became an heir of
righteousness which is by faith which is by faith. By faith Abraham,
when he was called to depart from the land which he was to receive as his
inheritance, obeyed; and went on, not knowing where he was going. By
faith he became a sojourner in the land which was promised to him in
a strange country, and he dwelt in tents with Isaac and Jacob, the heirs with
him of the same promise. Through faith also Sarah, who was barren,
received strength to conceive an offspring, and was delivered of a child when
she was past age; because she was sure he who had promised her was faithful.
Therefore, there sprang from one who was good as dead, as many as the stars in
the sky number and as the grains of sand which is on the seashore, innumerable.
These all died in faith, not having received the promised land, but they saw it
from afar, and rejoiced in it; and they acknowledged that they were strangers
and pilgrims. For they who speak so declare plainly that they seek a country
for themselves. Hebrews 11:1-14.
Federal - Pertaining to a contract or compact between
two or more states to form a Constitution for specific purposes of centralizing
certain agency functions into another government. This is distinguished from the
United States' constitution which is neither a contract or a compact. ["'The
convention, no doubt, thought they were forming a compact!' I cannot answer for
what every member thought; but I believe it cannot be said, that they thought
they were making a compact, because I cannot discover the least trace of a
compact in that system. There can be no compact unless there are more parties
than one. It is a new doctrine, that one can make a compact with himself. 'The
convention were forming compacts!' With whom? I know no bargains that were made
there. I am unable to conceive who the parties could be. The state governments
make a bargain with one another; that is the doctrine that is endeavoured to be
established, by gentlemen in opposition, their state sovereignties wish to be
represented! But far other were the ideas of the convention, and far other are
those conveyed in the system itself.'" [James Wilson, Pennsylvania
Convention, Dec. 1778.]
Fellowship -Literally communion; unity of believers
through Christ based on the fellowship of the Father, Son, and Holy Spirit.
Christians are united into a special fellowship through their love for one
another and common union with christ (Acts 2:42; 1 John 31:3,7).
First Fruits - The fruit or produce first matured and
collected in any season. Of these the Jews, made an obligation to God, as an
acknowledgement of his sovereign dominion. The first profits of any thing. In
the Church of England, the profits of every spiritual benefice for 'the first
Year. The first or earliest effect of any thing, In a good or bad sense; as the
first-fruits of the grace in the heart, or the first-fruits of vice.
Foreign Courts - Any court or tribunal other than the
tribunal specified in the Declaration of Trust covenant and Prayer.
Foreign government - Any government other than the
Kingdom of Heaven reflected at the Republic of New Lemuria.
Frank-almoigne. In English law. Free alms. A spiritual
tenure whereby religious corporations, aggregate or sold, held lands of the
donor to them and their successors forever. They were discharged of all other
except religious services, and tri-noda necessitas. It differs from
tenure by divine service, in that the latter required the performance of certain
divine services, whereas the former, as its name imports, is free. This tenure
is expressly excepted in the 12 Car. II c. 24, ' 7, and therefore still subsists
in some few instances. 2 Broom & H. Comm. 208. See, Black's Law Dictionary
515-516 (1st ed., 1891).
Frank-fee. Freehold lands exempted from all services,
but not from homage; lands held otherwise than in ancient demesne. That which a
man holds to himself and his heirs, and not by such service as is required in
ancient demesne, according to the custom of the manor. See, Black's Law
Dictionary 516 (1st ed., 1891).
Frank-law. An obsolete expression signifying the
rights and privileges of a citizen, or the liberties and civic rights of a
freeman. See, Black's Law Dictionary 516 (1st ed., 1891).
Frank-pledge. In old English law. A pledge or surety
for freemen; that is, the pledge, or corporate responsibility, of all the
inhabitants of a tithing for the general good behavior of each free-born citizen
above the age of fourteen, and for his being forthcoming to answer any
infraction of the law. Termes de la Ley; Cowell. See, Black's Law Dictionary
516 (1st ed., 1891).
Frank-tenement. In English law. A free tenement,
freeholding, or freehold. 2 Bl. Comm. 61, 62, 104; 1 Steph. Comm. 217; Bract.
fol. 207. Used to denote both the tenure and the estate. See, Black's Law
Dictionary 516 (1st ed., 1891).
Free and Common Socage - The holding of hereditaments
at the Kingdom of Heaven reflected at the Republic of New Lemuria according to
the revealed Divine Law
Freeman - [pl. Freemen] A male sentient human being
with Sui Juris status who enjoys all Inalienable Rights of sentient human beings
including, but not limited to, Life, Natural Liberty, the pursuit of Happiness,
and acquiring, holding and protecting property.
Freewoman - [pl. Freewomen] A female sentient human
being with Sui Juris status who enjoys all Inalienable Rights of sentient human
beings including, but not limited to, Life, Natural Liberty, the pursuit of
Happiness, and acquiring, holding and protecting property.
Gentile - Distinguised from Hebrews, (a) "Peregrini
. In Roman Law. the class of Peregrini embraced at the same time both
those who had no capacity in law, (capacity for rights or jural relations,)
namely, the slaves, and members of those nations which had not established
amicable relations with the Roman people. Black's Law Dictionary, 1st ed.
1891, pp. 888. (b) "Gentiles. In Roman law. The members of a gens
or common tribe." Black's Law Dictionary, 1st ed. 1891, pp. 888. (c)
"Gentile - In the scriptures, a pagan,; a worshiper of false gods;
any person not a Jew or a Christian; a heathen. The Hebrews included the term
goim or nations, all the tribes of men who had not received the true faith .
. .". Noah Webster, The American Dictionary of the English Language
Philadelphia 1828 Vol. I. pp. 91.
Grand Jury - A jury of inquiry comprised of between
12-23 member Hebrew men or women summoned and returned within the Kingdom of
Heaven reflected at the Republic of New Lemuria to each session of the criminal
courts, and whose duty is to receive complaints and accusations in criminal
cases, hear the evidence adduced on the part of an injured party, interrogate,
question and determine whether probable cause exists that a crime has been
committed under the revealed Divine Law and whether an indictment in the form of
a true bill should be returned against one for such a crime.
Guilds - A voluntary association of sentient human
beings pursuing the same trade, art, profession or business, such as printers,
lawyers, artists, wool merchants, lawyers, doctors, &c., united under a distinct
organization of their own, regulating the affairs of their trade or business by
their own private laws.
Hebrew - "Derived from the Aramaic word Abar and Habar
which means to cross over. This name was given to the Hebrew people simply
because Abraham and the people with him crossed the river Euphrates and went to
Palestine. Therefore, they were known as those who lived east of the river
Euphrates as Hebrews, that is, 'the people across the river."' [Holy Bible
(Aramaic Peshitta Text. George M. Lamsa's Translation, 1933. Introduction at p.
vi)].
Hebrew Maxims - In addition to the maxims of law set
out in a separate section of this Agreement, the following principles are
incorporated into the revealed Divine Law, even to the extent same may be
inconsistent with other principles herein described:
Maxims and Rules
"'Human laws are born, live and die,' but a maxim, once
ushered into existence, is endowed with a perpetual lease on life. Its form is
often so altered as to be irrecognizable, but its spirit continues to live. Many
a modern legal maxim which enjoys a wide circulation and has won a fortune of
renown for its reputed author, is in reality nothing more than old currency cast
in a new die -- the gold of Moses or Solomon remodeled and embellished with the
royal insignia of Constantine or Justinian; and we have a reason to believe that
many a maxim brought into the world by a Hillel of an Akiba is now current under
the superscription of a Coke or a Blackstone. (Footnote 428 omitted). The
following are some of the most important maxims and rules, culled from the
jurisprudence of the ancient Hebrew sages.
A majority of one is sufficient for
acquittal, but it requires a majority of at least two for
conviction.
A man is his own kin.
A minor has no discretion. (Footnote 429
omitted)
A person deserves not the title of Man
before reaching the age of twenty-five years.
A simultaneous and unanimous verdict of
guilty acquits.
A single accuser deserves to be treated as a
slanderer. (Footnote 430 omitted)
A Synhedrion executing one human being in the
course of every seven years is a murderous tribunal.
A verdict of conviction may be reversed, but
not one of acquittal. (Footnote 431 omitted)
A verdict of guilty may not be rendered on
the day of trial.
All evidence must be direct, and not
circumstantial or presumptive.
All Israelites are responsible for one
another. (Footnote 432 omitted)
An equal division of the Court on a verdict
is an acquittal.
As Moses sat in judgment without the
expectation of material reward, so also must every judge act
from a sense of duty only. [House Note: "For he shall compensate
a man according to his works, and causes every man to be
rewarded according to his ways." Job 34:11.
Be slow in judging. (Footnote 433 omitted)
By punishing criminals the world is benefited.
Collisions with a deaf-mute, or an idiot, or
a minor, are always disadvantageous.
Crimes committed under duress are not
punishable. (Footnote 434 omitted)
Cross-question the witness closely.
Death atones for sins. (Footnote 435 omitted)
Divulging the individual opinions of judges
is slander.
Drink not and thou wilt not sin. (Footnote
436 omitted)
Each witness must be qualified to testify to
the whole case, and not only to a part thereof.
Evidence must be heard directly from the
mouth of the witnesses, and not through an interpreter or a
written document.
Extraordinary times legalize extraordinary
punishments. (Footnote 437 omitted)
Fine and flagellation are not imposed
together for the same offense. (Footnote 438 omitted)
For conviction it requires a majority of not
less than the minimum number of witnesses competent to sustain
an accusation.
Having submitted to the judgment of the law,
the man is restored to his status as thy brother. [House Note:
The existence of probation, no matter the disguise, is a
violation of this prohibition]
He who buys a Hebrew slave buys himself a
master.
He who gives the death-blow is alone
responsible. [House Note: In Hebrew society, the injured party
is responsible alone for forgiving or carrying out any judgment]
He who swears is ipso facto suspected.
If one witness is found disqualified, the
whole party is disqualified.
Immodest behavior is a bar to the
witness-stand. (Footnote 439 omitted)
Judges must be exceedingly guarded in their
utterances, lest the witnesses learn from them how to answer
evasively.
Kill him who unlawfully attempts to kill
thee. (Footnote 440 omitted) [House Note: As contrasted with the
Laws of forgiveness taught by Lord Jesus, the Christ]
Let justice pierce the mountain.
Let the incorrigible die while in a state of
comparative innocence, rather than live and go from bad to
worse. (Footnote 441 omitted) [House Note: "Before Elijah
departed, he said to Reb Shmuel, 'I want to give you some advice
that will be useful to you, my friend. Whenever you see a wicked
person who is prospering, keep in mind that his wickedness will
ultimately work against him. And if you see a righteous person
enduring hardships, remember that person is being saved from
something worse. Do not doubt these things any longer. One
cannot always understand God's ways.'" [From Tales of Elijah
the Prophet Retold by Peninnah Schram, (Jason Aronson, New
Jersey, 1991 at p. 6)]
Make a hedge around the law.
Man is to live, and not to die by the
observance of the law.
Man's life belongs to god, and only according
to the law of God may it be disposed of.
Neither honor or insult the remains of a
suicide.
No man convicts himself. (Footnote 442
omitted)
No man is considered guilty until after he is
duly proved to be so.
No man may be condemned unless he is present.
No man produces witnesses to convict himself.
No man sinneth unless attacked by idiocy.
No mercy may be shown where it is contrary to
justice.
No one is a competent witness whose knowledge
of the facts is based on hearsay or conjecture. (Footnote 443
omitted)
No one is responsible for the crimes of
another. (Footnote 444 omitted)
No punishment may be inflicted for
transgressions not accompanied by bodily action. (Footnote 445
omitted)
None, but the legal executioners, may execute
the convict.
None who may be a competent witness in a
cause, may be the judge of a cause. (Footnote 446 omitted)
One court may not try two capital cases in
one day.
Part of the evidence being invalidated, the
whole is invalidated. (Footnote 447 omitted)
Relations and interested persons may not act
as judges. (Footnote 448 omitted)
Self-accusation does not convict.
Self-accusation of misdemeanors involving
fines exempts the culprit from paying the fine. (Footnote 449
omitted)
Similarity in expressions between witnesses
awakens suspicion of conspiracy and coaching.
Testimony must not be heard in the absence of
the party concerned.
Testimony to which the law of confutation
cannot be fully applied deserves not the name of testimony.
The blood of the victim of false testimony
falls upon the heads of the witnesses.
The act of breaking in is the burglar's death
warrant.
The cause of a party may not be disposed of
in his absence.
The convict must not be kept in suspense.
The drunkard is responsible for his actions.
(Footnote 450 omitted)
The end of a period is considered as the
beginning thereof.
The hour legalizes extraordinary rigor. (Footnote 451
omitted)
The judge has nothing to judge by but what is
before his eyes. (Footnote 452 omitted)
The judge not voting is considered absent.
The judgments for which the judge was paid
are void.
The law does not punish for injuries
occasioned through fortuitous circumstances. (Footnote 453
omitted)
The less punishment is discharged in the
greater.
The person witnessing an act during his
minority is not competent to testify thereto, even after
reaching his majority.
The public servitor must be possessed of more
mental than physical vigor.
The robe of the unfairly elected judge is to
be respected not more than the blanket of the ass. [House Note:
The term "elected" signifies a judge who act of judging is
"voluntarily" consented to by both sides in a case. A judge
imposed or forced upon any party is not "fairly elected".]
The scholar's popularity with the masses is
not always the reward for righteous bearing; often it is the
consequence of his failing to notice vices and rebuke them.
The suborned witness is despised even by his
suborner.
The Supreme Judge does not punish a person of
less than twenty years
The votes of father and son, or of a teacher
and pupil, in the same court, are counted as one.
The witness must be fully competent at the
time when the crime is committed as well as when he appears to
testify to the crime.
The witnesses for the defense are accusers of
the prosecution. (Footnote 454 omitted)
The word of the parties to the suit, and not
that of counsel, shall be heard by the judges.
There is no agency in crime. (Footnote 455
omitted)
Thine own life may be dearer to thee that of
thy neighbor. (Footnote 456 omitted)
Thoughts are not punishable. (Footnote 457
omitted)
What the witness has once said he may not
unsay.
Whatever one observes while in a normal
state, and testifies to when in a normal state is legal
evidence.
When one can prevent a crime and does not, he
is responsible before Heaven. (Footnote 458 omitted)
When the judge is, like a king, well provided
for, he will establish the peace of the land on justice; but
when, like the priest, he must rely on gifts for his
subsistence, he will overthrow it.
Where Heaven sees fit to condone, human
tribunals may not punish.
Where there are officers to enforce the
judgment, there judges can act, but where there are no officers,
there can be no judges.
Whosoever compassionates a human being
obtains compassion from Heaven.
Whosoever preserves one worthy life is as
meritorious as if he had preserved the world.
Whosoever will not tell the truth without an
oath, would not scruple to assert falsehood with an oath.
wisdom increases with age.
Heart - In scriptural terms, the spiritual center of
one's being. The heart is the seat of divine presence and grace, and the source
of moral acts. The transformation of the heart is the major work of God's saving
grace. See Matthew 5:8, 6:21, 22:37; Luke 6:45, John 7:38, Romans 2:29; 10:9;
Hebrews 13:9.
Hereditament - Things capable of being inherited, be
it corporeal or incorporeal, real, personal or mixed and including not only
lands and everything thereon, but also heir-looms, and certain furniture which,
by custom, may descend to the heir together with land. Co. Litt. 5b; 2 Bl.Comm.
17, Black's Law Dictionary 1st ed. 1891, p. 568 ["But an hereditament, says Sir
Edward Coke, is by much the largest and most comprehensive expression; for it
includes not only lands and tenements, but also whatever may be inherited, be it
corporeal, or incorporeal, real, personal, or mixed. Thus an heir-loom, or
implement of furniture which by custom descends to the heir together with an
house, is neither land, nor tenement, but a mere moveable, yet, being
inheritable, is comprised under the general word, hereditament, and so a
condition, the benefit of which may descend to a man from his ancestor, is also
an hereditament." 2 Bl.Comm. 17].
Holy - Literally, 'set apart' or separated unto God;
also, blessed, righteous, sinless. The word therefore refers to God as the
source of holiness, to the church and its sacraments, to worshipers of the true
God, and to those of outstanding virtue. Those who are transformed by the Holy
spirit become holy as God is holy (Rom. 12:1; 1 Pet. 1:14-16; 2:9).
Honorarium - A voluntary gift or donation which admits
of no compensation in money, and is distinguished from "fee", "charge", "wage",
"salary", "compensation" and "remuneration" in that no right of action in any
court exists to enforce its delivery under any circumstances whatsoever. "It is
said the honorarium is purely voluntary and differs from a fee, which may be
recovered by action. 5 Serg. & Rawle, 412; 3 Bl.Comm. 28; 1 ch. Rep. 38; 2 Atk.
332" A Law Dictionary Adapted to the Constitution and Laws of the United
States of America, by John Bouvier (1839) p. 468.
"The word honorary in the Roman law, was applied to a fee not
paid as a remuneration for labour, for which the labourer could exact
recompense; but rater a species of present, made as an acknowledgment for
trouble gratuitously undertaken; and, in an acceptation nearly similar, the word
has been adopted in our law." A Dictionary and Digest of the Laws of Scotland,
by William Bell, Esq. (1861) at p. 427.
"Those indeed practiced gratis, for honour merely, or at the
most for the sake of gaining influence: and so likewise it is established with
us, that a counsel can maintain no action for his fees; which are given, not as
locatio vel conductio but as quiddam honorarium; not as a salary
or hire, but as a mere gratuity, which a counsellor cannot demand without doing
wrong to his reputation: as is also laid down with regard to the advocates in
the civil law, whose honorarium was directed by a decree of the senate
not to exceed in any case." 3 Blackstone’s Commentaries 27-28.
House - 2. An edifice or building appropriated to the
worship of God; a temple; a church, as the house of God. 3. A monastery: a
college; as a religious house .. 6. A family of ancestors; descendants and
kindred; race of persons from the same stock; a tribe. It particularly denotes a
noble family or an illustrious race, as the house of Austria, the house of
Hanover, so in Scripture, the house of Israel, or of Judah .... 9. In Scripture,
those who dwell in a house and compose a family; a household. 10. Wealth; estate
... 13. The body; the residence of the soul or this world; as our earthly house.
2 Cor. V. 15. A place of residence. Egypt called the house of bondage. Ex. xiii.
4 Webster American Dictionary of the English Language, 1828. Vol. I p. 102.
Increase - Substance. Investment - In this Agreement
and Exhibits the hereto, The House For God’s Children, Regent and Almoner
ensealing this Agreement, each covenant, agree and warrant to and with one
another that any amount of abundance and any increase in that abundance, and any
portion thereof, merely symbolizes part of the ''inheritance'' from the Most
High God given to Adam. The term is similar to "Seigniorage", infra.
Seth, Noah, Melchizedek and Abraham and their descendants for ever, as a
stewardship possession. Any amount of exchanged, delivered, processed or
otherwise handled by any of The House For God’s Children or any Regent or
Almoner hereto In carrying out their respective duties under this Agreement
represents a Hereditament from the Most High God who has said:
Then God said, Let us make man in our image,
after our likeness; and let them have dominion over, the fish of
the sea, and over the fowl of the air, and over the cattle, and
over all wild beasts of the earth, and over every creeping thing
that creeps upon the earth. Genesis 1:26.
And if you sell to your neighbor or buy from
your neighbor, you shall not defraud one another . . . You shall
not defraud one another; but you shall fear your God; for I am
the LORD your God. Wherefore you shall do my commandments and
keep my judgments and do them; and you shall dwell in the land
in safety. And the land shall yield its fruit, and you shall eat
your fill and dwell therein in safety. Leviticus 25:14, 17-19..
Inalienable Rights - Natural Rights vested at nativity
of a sentient human being township member Friend which include, but are by no
means limited to the Pursuit of Happiness; Natural Liberty; Life; Acquiring,
Holding and Protecting Property; Self-Defence; Trial by Jury of One's Peers in
One's Vicinage; Due Process of Law under the Law of the Land; Counsell of One's
Choice; Not Being Compelled to be a Witness Against One's Self, &c.
Ingenuitas [Lat] - Liberty given to a servant by
manumission. Black’s Law Dictionary, 1st. ed (1891) pp. 622
International Law - Law created by contract between
corporate gentile nations governing relations between them.
In ventre sa mere - Fr. In one's mother's womb; spoken
of an unborn child. Black's Law Dictionary 1st. ed (1891) pp. 609. Life begins
before conception according to Hebrew Christian customs and usages. Hence, the
assignment of a "birth date" over strenuous objection of the parents is false
and contrary to those beliefs. This understanding regarding conception is also
part of the common law of England, adopted in America by those who follow the
Hebrew Christian creed and beliefs. The foregoing statement is supported in the
writings of the eminent legal scholar Sir William Blackstone's Commentaries
on the Laws of England Book I (1765), pp. 125-126:
I. LIFE is the immediate gift of God, a right
inherent by nature in every individual; and it begins in
contemplation of law as soon as the infant is able to stir in
the mother's womb. For if a woman is quick with child, and by
potion, or otherwise, killeth it in her womb; or if any one beat
her, where by the child dieth in her body, and she is delivered
of a dead child; this, though not murder, was by ancient law
homicide or murder. . .An infant in ventre sa mere,
or in the mother's womb, is supposed in law to be born for many
purposes. It is capable of having a legacy, or a surrender of a
copyhold estate made to it. It may have a guardian assigned to
it; and it is able to have an estate limited to its use, and to
take afterwards by such limitation, as if it were actually born.
And in this point the civil law agrees with ours."
Furthermore, Latin jurisprudence at the time of Jesus, the
Christ, spoken of by Gaius, an imminent jurist of the period agrees with
Blackstone:
"'' 76-96. STATUS OF CHILDREN AT BIRTH.
We pass on the general discussion of a wider
subject. The basic principles were that children of iustae
nuptiae inherited their father's status at the time of
conception (rule of the ius civile) and that
children of any other union inherited that of their mother at
the time of birth (rule of ius gentium). But the L.
Minca (date unknown) departed from the principle by
providing that where one parent was Roman and the other a
peregrine. . . If one parent was a slave and the other free,
there could be no marriage at all. the rule of ius gentium
applied: the child was born free or a slave according as its
mother was free or a slave at the moment of its birth." The
Institutes of Gaius, Part II, Oxford at Clarendon Press
London: 1953, at pp. 29-32.)
The Divine day of conception as opposed to a birth date is
also the only significant day according to Roman civil law. This is also
true of our time honored Hebrew customs, usages and law. It is far more
significant than delivery parturition. In The Book of Legends, Sefer
Ha-Aggadah (Legends from the Talmud and Midrash) it is written:
"6. R. Hanina bar Papa expounded: the angel
in charge of conception, who is called Night, takes the drop of
semen, places it before the Holy One, and asks: Master of the
universe, what is to happen to this drop? Will it become a
strong man or a weak man? A sage or a fool? A rich man or a poor
man?
7. Before the formation of the embryo in its
mother's womb, the Holy One decrees what it is to be in the end
-- male or female, weak or strong, poor or rich, short or tall,
ungainly or handsome, scrawny or fat, humble or insolent. He
also decrees what is to happen to it. But not whether it is
righteous of wicked, a matter which He places solely in man's
power. He beckons the angel in charge of spirits and says to
him. "Bring Me such-and-such a spirit which is in the Garden of
Eden, and called So-and-so, and whose appearance is
thus-and-so." At once the angel goes and brings the spirit to
the Holy One. When the spirit arrives, it bows and prostrates
itself before the King who is King of kings, the Holy One,
blessed be He. In that instant the Holy One says to the spirit,
"Enter the drop that is in such-and-such an angel's hand." The
spirit opens its mouth and says, "Master of the universe, the
world in which I have been dwelling since the day you created me
is enough for me. Why do you wish to have me, who am holy and
pure, hewn from the mass of Your glory, enter this fetid drop?"
The Holy One replies, "The world I will have you enter will be
more beautiful for you than the one in which you have dwelled.
Indeed, when I formed you, I formed you only for this drop."
With that, the Holy One makes the spirit enter the drop against
its will. Then the angel returns and has the [drop of semen with
the] spirit enters the mother's womb. Moreover, two angels are
designated for the spirit to guard it, so that it will not leave
the embryo and fall out of it. There a lamp is lit over its
head, and it is able to look and see from world's end to world's
end. The angel takes it from there, leads it to the Garden of
Eden, and shows it the righteous seated in glory with crowns
upon their heads. The angel asks the spirit, "Do you know who
these are?" The spirit: "No, my Lord." The angel says, "At the
beginning, these that you see were formed like you in their
mother's womb; then they went forth into the world and kept the
Torah and its commandments. Therefore, they earned the merit of
this happiness in which you see them. Know then that in the end
you too, will leave the world. If you succeed in keeping the
Holy One's Torah, you will merit like reward and be seated with
these. But if not, know and bear in mind that you will merit
another kind of place."
In the evening the angel leads the spirit to
Gehenna, where it shows it the wicked, whom angels of
destruction flog with staves of fire. Though the wicked cry out,
"Woe, woe!" the angels show them no mercy. The angels asks the
spirit, "Do you know who these are?" The spirit: "No, my lord."
The angel: "These who are being punished by fire were formed
like you, and when they went forth into the world, they did not
keep the Holy One's Torah and statutes. Therefore, they came to
the disgrace in which you see them. Again I say, know that in
the end you are to go forth into the world. Be righteous, be not
wicked, and you will merit life in the world to come."
Then the angel strolls with the spirit from
morning till evening and shows it the place where it is to die
and the place where it is to be buried. The angel continues
strolling with it throughout the world, showing it the righteous
and the wicked, and finally shows it everything. In the evening
the angel returns the spirit to its mother's womb, and there the
Holy One provides bolted gates for it. The embryo lies in its
mother's womb for nine months: the first three months the embryo
dwells in the lower compartment of its mother's womb; the next
three months in the middle compartment; and the final three
months in the upper compartment. And when its time comes to
emerge into the air of the world, it rolls down in one instant
from the upper compartment into the middle one and then into the
lower one. All that its mother eats and drinks during this first
period, the embryo eats and drinks, but it excretes no feces.
In the end, its time comes forth to go forth
into the world. The same angel appears and says to the spirit,
"Your time to go forth into the air of the world has come." The
spirit: "Why do you wish to take me out into the air of the
world?" The angel: "My son, know that you were formed against
your will, and against your will are to give an account and
reckoning before the King who is King of kings, the Holy One,
blessed be He." But the spirit refuses to go out of the womb, so
the angel has to beat it and put out the lamp that has been
burning over its head, and then he brings it forth into the
world against its will. Instantly the infant forgets all that he
has seen as he was going forth, and all that he had known. Why
does the infant weep as he goes forth? Because he has lost a
place of repose and comfort - - [he weeps] for the world which
he was compelled to leave.
When a man's time to die comes, the same
angel appears to him and asks, "Do you recognize me?" The man
answers, "Yes," and proceeds to inquire, "Why did you come this
day and not on any other day?" The angel: "To take you out of
this world -- your time to depart has arrived." The man begins
to weep and makes his voice heard from world's end to world's
end. But his fellow creatures are not aware of it, because they
cannot hear his voice -- except for the cock: he alone can hear
it. The man pleads with the angel, "You have already taken me
out of two worlds and made me enter this world." The angel:
"Have I not told you that you were formed against your will, you
were born against your will, were alive against your will and
against your will are destined to give an account and reckoning
before the Holy One, blessed be He?"
8. . . . During the period of gestation a
light burns above its head, and it gazes and is able to see from
one end of the world to the other. There is not time during
which the man abides in greater happiness than during those
days. At that time he is taught the entire Torah, all of it. But
as he comes into the air of the world, and angel appears,
strikes him on his mouth, and makes him forget the entire
Torah."
Jural Society - A group of sentient human s assembled
under the Law of the Land to discuss and promote Natural and positive rights and
obligations, and to further associate themselves under Private Contract Law in
the form of the Charter and By-Laws to protect each member's Inalienable Rights.
The term is synonymous with "state" or "organized political community".
Juris et de jure [Lat] - Of law and of right. A
presumption juris et de jure, or an irrebuttable presumption, is one
which the law will not suffer to be rebutted by any counter-evidence, but
establishes as conclusive; while a presumption juris tantum is one which
holds good in the absence of evidence to the contrary, but may be rebutted.
Black’s Law Dictionary, 1st. ed (1891) pp. 633
Just Weights and Measures. [See Schedule AE" appended to end
of this Agreement, where Lawful Wight and Measure signify where intrinsic value
bears just proportion to extrinsic and numerary value.]
You shall not have in your bag different
weights, a large and a small. You shall not have in your house
different measures, a large and a small. But you shall have a
perfect and just weight; a perfect and just measure shall you
have, that your days may be prolonged in the land which the LORD
your God gives you. Deuteronomy 25:13-15
False scales are an abomination to the LORD;
but just weights are his delight. Proverbs 11:1.
A weight of a just balance is the LORD's
judgment; all his works are just weights. Proverbs 16:11.
Diverse weights and diverse measure, both
alike are an abomination in the presence of the LORD. Even a
child is known by his doings, whether his works are pure and
whether they are right. . . . Take the garment of him who is a
surety for a stranger; and take his pledge for the sake of the
stranger. He who becomes surety for a man by means of deceitful
gain will afterwards have his mouth filled with gravel. A good
purpose is established by counsel; but by provocation war is
made . . . Diverse weights are an abomination in the presence of
the LORD; and false scales are not good. Proverbs 20:10, 11,
16-18, 23.
Monsieur De Vattel in his imminent work entitled: The Law
of Nations or Principles of the Law of Nature Applied to the Conduct and Affairs
of Nations and Sovereigns, Chitty Publishing, Philadelphia, 1844 at pp.45-47
states regarding lawful weights and measures concerning "money":
A' 105. In the first ages, after the introduction of private
property, people exchanged their superfluous commodities and effects for those
they wanted. Afterwards gold and silver became the common standard of the value
of all things: and to prevent the people from being cheated, the mode was
introduced of stamping pieces of gold and silver in the name of the state, and
with the figure of the prince, or some other impression, as the seal and
pledge of their value. This institution is of great use and infinite
convenience: it is easy to see how much it facilitates commerce. -- Nations or
sovereigns cannot therefore bestow too much attention on an affair of such
importance.
'106. The impression on the coin becoming the seal of its
standard and weight, a moment’s reflection will convince us that the coinage of
money ought not be left indiscriminately free to every individual; for, by that
means, frauds would become too common -- the coin would soon lose the public
confidence; and this would destroy a most useful institution. Hence money is
coined by the authority and in the name of the state or prince, who are its
surety: they ought, therefore to have a quantity of it coined sufficient to
answer the necessities of the country, and to take care that it be good, that is
to say, that its intrinsic value bear a just proportion to its extrinsic or
numerary value.
It is true, that, in a pressing necessity, the state would
have a right to order citizens to receive the coin at a price superior to its
real value: but as foreigners will not receive it at a price, the nation gains
nothing by this proceeding; it is only a temporary palliative for evil, without
effecting a radical cure. This excess of value, added in an arbitrary manner to
the coin, is a real debt which the sovereign contracts with individuals: and in
strict justice, the crisis of affairs being over, that money ought to be called
in at the expense of the state, and paid for in other specie, according to
natural standard: otherwise, this kind of burthen, laid on in the hour of
necessity, would fall solely on those who received this arbitrary money in
payment, which would be unjust. Besides, experience has shewn that such a
recourse is destructive to trade, by destroying both the confidence of
foreigners and citizens -- raising in proportion the price of every thing -- and
inducing every one to lock up or send abroad the good old specie; whereby a
temporary stop is put to the circulation of money. So that the duty of every
nation and of every sovereign to abstain, as much as possible, from so dangerous
and experiment, and rather to have recourse to extraordinary taxes and
contributions to support the pressing exigencies of state. [House Note: lengthy
footnote in Law of Nations set out in full here in text and not in
footnote].
In Boizard’s Treatise on coin, we find the following
observations: >It is worthy of remark, that, when our kings debased the coin,
they kept the circumstances a secret from the people: -- witness the ordinance
of Phillip de Valios in 1350, by which he ordered Tournois Doubles to be
coined 2d. 5 1-3 gr. fine, which was, in fact, a debasement of the
coin. In that ordinance, addressing the officer of the mint, he says -- >upon
your oath by which you are bound to the king, keep this affair a secret as ye
possibly can, that neither the bankers nor the others may, by your means,
acquire any knowledge of it: for it, through you, it comes to be known, you
shall be punished for the offence is such manner as shall serve as an example to
others’ -- The same author quotes other similar ordinances of the same king, and
one issued by the Dauphin, who governed the Kingdom as regent during the
captivity of King John, dated June 27, 1360, by virtue of which the mint-masters
directing the officers engaged in the coinage to coin white Deniers 1d
12gr. Fine, at the same time expressly commanding them to keep this order
secret, and, >if any person should make inquiry respecting their standard, to
maintain they were 2d. Fine." Chap. xxix..
The kings [of France] had recourse to the strange expedient
in cases of urgent necessity: but they saw its justice. -- The same author,
speaking of debasement of coin, or the various modes of reducing the extrinsic
value, says, -- >These expedients are rarely resorted to, because they give
occasion to the exportation or melting down of the good specie [House Note: This
is the incentive for the mint-masters and sovereigns to be honest in their
affairs] and to the introduction and circulation of foreign coin -- raise the
price of every thing -- impoverish individuals -- diminish the revenue, which is
paid in specie of inferior value -- and sometimes put a total stop to commerce.
This truth has been so well understood in all ages, that those prices that had
recourse to one or other of these modes of debasing coin in difficult times,
ceased to practice it the moment the necessity ceased. We have, on this subject,
an ordinance by Phillip the Fair, issued May, 1295, which announces that,: >The
king having reduced the coin both in fineness and weight, and expecting to be
obliged to make a further reduction in order to retrieve his affairs, -- but
knowing himself to be, in conscience, responsible for the injury caused to the
state by such reduction, -- pledges himself to the people of his kingdom, by
solemn charter, that, as soon as his affairs are retrieved, her will restore the
coin to its proper standard and value, at his own private cost and expense, and
will himself bear all the loss and waste. And, in addition to this engagement,
Dame Joan, Queen of France and Navarre, pledges her revenue and dower for the
same purpose.’ Note, edit. A.D. 1797
' 107. Since the state is the surety for the goodness of
the money and its currency, the public authority alone has the right of
coining it. Those who counterfeit it, violate the rights of the sovereign,
whether they make it of the standard and value or not. These are the so-called
false-coiners, and their crime is justly considered as one of the most heinous
nature, for if they coin base money, they rob both the public and the prince;
and if they coin good, the usurp the prerogative of the sovereign. They will
never be inclined to coin good money unless there be a profit on the coinage:
and in this case the rob the state of a profit which belongs to it. In both
cases they do an injury to the sovereign; for the public faith being a surety
for the money, the sovereign alone has a right to have it coined. For this
reason the right of coining is placed among the prerogatives of majesty,
and Bodinus relates, that Sigismund Augustus, King of Poland, having granted
this privilege to the Duke of Prussia, in the year 1543, the states of the
country passed a decree in which it was asserted that the king could not grant
that privilege, it being separable from the crown. The same author observes,
that, although many lords and bishops of France had formerly the privilege of
coining money, it was still considered as coined by the king’s authority: and
the kings of France at last withdrew all these privileges, on account of their
being often abused.
' 108. From the principles laid down, it is easy to conclude,
that if one nation counterfeits the money of another, of if she allows and
protects false-coiners who presume to do it, she does that nation an injury. But
commonly criminals of this class find no protection anywhere -- all princes
being equally interested in exterminating them. This is a sound principle,
which ought to be extended so as to deny effect to any fraud upon the foreign
nation or its subjects. But in England a narrow and immoral policy prevails of
not noticing frauds upon the revenue of a foreign state. Roach v. Edie, 6
Term.Rep. 425; Boucher v. Lawrence, R.T.Hardw. 198; Holman v. Johnson,
Cowp. 343; James v. Catherwood, 3 Dowl. & Ryl. 190. And so has this
narrow doctrine been carried, in disgrace of this country, that, in Smith v.
Marconay, 2 Peake’s Rep. 81, it was held, that the maker of paper in
England, knowingly made by him for the purpose of forging assignats upon same,
to be exported to France in order to commit frauds there on other
persons, might recover damages for not accepting such paper pursuant to
contract. So a master of an English ship was even allowed to recover salvage for
bringing home his captured vessel, by deceptively inducing the enemy to release
the vessel on his giving a ransom bill, payment of which he took care to
countermand in London. 2 Dodson’s R. 74.
' 109. There is another custom more modern, and of no less
use to commerce that the establishment of coin, namely exchange or the
traffic of bankers, by means of which a merchant remits immense sums from one
end of the world to the other, at a very trifling expense, and, if he pleases,
without risk. For the same reason that sovereigns are obliged to protect
commerce, they are obliged to support this custom, by good laws, in which every
merchant, whether citizen or foreigner, may find security. In general it is
equally the interest and the duty of every nation to have wise and equitable
commercial laws established in the country."
Justice - Under the Law of the Land, the
administration and adjudication of cases brought before Our Own Courts, at all
times guided by the Maxim "To live honorably; to hurt nobody; and to render
everyone his due", and applying the Biblical common law, Precepts, Customs and
Usages, Maxims of Law in the township.
Labor - In Creation God was the first laborer (Gen.
2:2-3; Heb) and he continues to work in nature and human history (John 5:17).
Humans first experienced labor as creatures involved in the work of creation
(cf. Gen. 1:26, 28; 2:5; 15). Work was not despised by honoured by the people of
God as good (Prov. 22:29; 31:13-27); 2 Thess.. 3:6-12; cf. Prov. 6:6-11; 10:4-5;
Eccl. 10:18). Only with God’s blessing could work be productive (Ps. 127:1-2;
cf. 107:35-38). The Sabbath was established, not a denigration of work, but as
an >island in time,’ in recognition of the community’s relationship to God and
of the needs of laborers in the community (Exod. 20:9-11; 23:12; Deut. 5:12-15).
Then God said, Let us make man in our image,
after our likeness; and let them have dominion over the fish of
the sea, and over the fowl of the air, and over the cattle, and
over all wild beasts of the earth, and over every creeping thing
that creeps upon the earth. Genesis 1:26.
And if you sell to your neighbor of buy from
your neighbor, you shall not defraud one another. . .You shall
not defraud one another; but you shall fear your God; for I am
the LORD your God. Wherefore you shall do my commandments and
keep my judgments and do them; and you shall dwell in the
land in safety. And the land shall yield its fruit, and you
shall eat you fill and dwell therein in safety. Leviticus 25:14,
17-19.
But he shall dwell with you in the place
where he shall choose in one of your towns, where it pleases him
best; you shall not oppress him. Deuteronomy 23:16.
If a man shall steal an ox or a ewe, and kill
it, or sell it; he shall restore five oxen for an ox and four
oxen for a ewe. . .For all manner of trespass whether it be for
an ox or an ass for lamb for clothing or for any manner of lost
h\thing which another man claims to be his, the case of both
parties shall come before the judges and whomever the judges
shall convict, he shall make a two-fold restitution to his
neighbor. Exodus 22:1, 9.
Hear the word of the LORD, O king of Judah,
who sits on the throne of David, you and your servants and
people who enter by these gates; thus says the LORD: Execute
justice and righteousness, and deliver the oppressed from the
hand of the oppressor; and do no wrong, do not violence to
strangers, the fatherless, and the widows, nor shed innocent
blood in this place. . . But if you will not listen to these
words, I swear by myself, says the LORD, that this house shall
become a desolation. . . Woe to him who builds his house by
unrighteousness and his upper rooms by injustice; who makes his
neighbor work for him without wages, and does not give him for
his hire. Jeremiah 22:2-5, 13.
Will two men go on a journey together unless
they have made an appointment? Amos 3:3.
24. No man can serve two masters; for either
he will hate the one and like the other; or he will honor one
and despise the other. You cannot serve God and mammon (wealth).
Matthew 6:24.
27. And when they had brought them, they made
them stand before the whole council, and the high priest
proceeded, 28. Saying, did we not strictly command you not to
teach any man in this name? And behold, you have filled
Jerusalem with your doctrine, and you intend to bring the blood
of this man upon us. 29. Then Simon Peter with the rest of the
apostles answered saying, We must obey God rather than men. 30.
The God of our fathers has raised up Jesus whom you murdered
when you nailed him on the cross. 31. This very one God has
appointed a Prince and Saviour, and has lifted him up by his
right hand so that he may grant repentance and forgiveness of
sins to Israel. 32. And we are the witnesses of these words; so
is also the Holy Spirit whom God has given to those who believe
in him. Acts 5:27-32.
For the scripture says, You shall not muzzle
the ox that threshes. And again, The laborer is worthy of his
hire. 1 Timothy 5:18.
For the LORD is our judge, the LORD
is our lawgiver, the LORD is our king; he will
save us. Isaiah 33:22.
Speak no evil of another, brethren. He that
speaketh evil of his brother, speaketh evil of the law,
and judgeth the law: but if thou judge the law, thou art not a
doer of the law, but a judge. There is one lawgiver, who
is able to save and destroy: who art thou that judgest another.
James 4:11-12.
And when they had brought them, they made
them stand before the whole council, and the high priest
proceeded, Saying, did we not strictly command you not to teach
any man in this name? And behold, you have filled Jerusalem with
your doctrine, and you intend to bring the blood of this man
upon us. Then Simon Peter with the rest of the apostles answered
saying, We must obey God rather than men. The God of our
fathers has raised up Jesus whom you murdered when you nailed
him on the cross. This very one God has appointed a Prince and
Saviour, and has lifted him up by his right hand so that he may
grant repentance and forgiveness of sins to Israel. And we are
the witnesses of these words; so is also the Holy Spirit whom
God has given to those who believe in him. Acts 5:27-32.
And he had power to give life to the image of
the wild beast, and to cause all those who would not worship the
image of the beast to be killed. And he compelled all, both
small and great, rich and poor, freemen and slaves to receive a
mark on their right hands or their brows. Son that no man might
buy or sell unless he who had the mark of the beast or code
number of his name. Here is the wisdom: Let him who has
understanding decipher the code number of the beast; for it is
the code number of the name of a man; and his number is six
hundred sixty-six. . . Revelations 13:15-18.
I testify to every man who hears the words of
prophecy of this book, If any man shall add to these things, God
shall add to him the plagues that are written in this book; And
if any man shall take away from the words of the book of this
prophecy, God shall take away his portion from the tree of life
and from the holy city and from the things which are written in
this book."Revelations 22:18-19.
Land - This term is distinguished from "real property"
and "personal property" statutorily defined in the various codes of States of
the UNITED STATES [e.g. those "States" defined in 4 U.S.C.S. b105-110]
and comprehends any ground, soil or earth whatsoever, as meadows, pastures,
woods, waters, marshes, furze and heath. It has an indefinite extent upwards as
well as downwards; therefore land, legally includes all houses and other
buildings standing or built on it; and whatever is in a direct line between the
surface and the centre of the earth, such as mines of metals and fossils. 1
Inst. 4 a; Wood's Inst. 120; 2 B1. Com. 18; 1 Cruise on Real Prop. 58. In a more
confined sense, the word land is said to denote "frank tenement at the least."
Shepp. Touch. 92. In this sense, then, leaseholds cannot be said to be included
under the word lands. 8 Madd. Rep. 635. The technical sense of the word land is
farther explained by Sheppard, in his Touch. p. 88, thus"if one be seised of
some lands in fee, and possessed of other lands for years, all in one parish,
and he grant all his lands in that parish (without naming them) in fee simple or
for life; by this grant shall pass no, more but the lands he hath in fee
simple." It is also said that land in its legal acceptation means arable land.
11 Co. 55 a. See also Cro. Car. 293; 2 P. Wms. 458, n.; 5 Ves. 476; 20 Vin. Ab.
203.
2. Land, as above observed, includes in general all the
buildings erected upon it; 9 Day, R. 374; but to this general rule there are
some exceptions. It is true, that if a stranger
voluntarily erect buildings on another's land, they will
belong to the owner of the land, and will become a part of it; 16 Mass. R. 449.
Lawyer's Fees, Venue; Arbitration. The term lawyer
herein used at all times excludes the contradictory term of "attorney"
[signifying to "turn, twist or manipulate words] and comprehends the term
"Counsell of Choice" defined herein. The term lawyer does not comprehend an
office or any other requirement of any Federal or state licensure or membership
in any fraternal bar association, including, but without limitation to the
taking of an oath in violation of provisions of The Holy Bible :
Lawyer. (Gk. nomikos) An expert in the law of
Moses. (Matt. 22:35 par.; Luke 7:30; 11:45-46). The term is equivalent to Gk.
grammateus, the more usual translation of Heb. soper >scribe’.
Another equivalent term is Gk. nomodidaskalos "teacher of the law" (Luke
5:17; Acts 5:34; 1 Tim. 1:7). AZenas the lawyer" (tit. 3:13) may have been a
practitioner of Greek or roman civil law rather that a teacher and interpreter
of Jewish law.’ {The Eerdmans Bible Dictionary, Eerdman Publishing
company, Grand Rapids Michigan, 1987, p. 646. [ See also Ecclesiastic us, or the
wisdom of Jesus the Son of Sirach at Chapter 37]:
Every friend will say, 'I too am a friend’; but some friends
are friends only in name. Is its not a grief to when a companion and friend
turns to enmity? O evil imagination, why were you formed to cover the land with
deceit? Some companions rejoice in the happiness of a friend, but in time of
trouble are against him. Some companions help a friend for their stomach’s sake,
and in the face of battle take up the shield. Do not forget a friend in your
heart, and be not unmindful of him in your wealth. Every counsellor praises
counsell, but some give counsell in their own interest. Be wary of a counsellor
and learn first what is his interest -- for he will take thought for himself
lest he cast the lot against you and tell you, >Your way is good," and then
stand aloof to see what will happen to you. Do not consult with one who looks at
you suspiciously; hide your counsell from those who are jealous of you. Do not
consult with a woman about her rival or with a coward about war, with a merchant
about barter or with a buyer about selling, with a grudging man about gratitude
or with a merciless man about kindness, with an idler about any work or with a
man hired for a year about competing his work, with a lazy servant about a big
task -- pay no attention to these in any matter of counsell. But stay constantly
with a godly man whom you know to be a keeper of the commandments, whose soul is
in accord with your soul, and who will sorrow with you if you fail. And
establish the counsell of your own heart, for no man is more faithful to you
than it is. For a man’s soul sometimes keeps him better informed than seven
watchmen sitting high on a watchtower. And besides all this pray to the Most
High that he may direct your way in truth. Reason is the beginning of every
work, and counsell precedes every undertaking. As a clue to changes of heart
four turns of fortune appear, good and evil, life and death; and it is the
tongue that continually rules them. A man may be shrewd and the teacher of many,
and yet be unprofitable to himself. A man skilled in words may be hated; he will
be destitute of all food, for grace was not given him by the Lord, since he is
lacking in all wisdom. A man may be wise to his own advantage, and the fruits of
his understanding may be trustworthy on his lips. A wise man will instruct his
own people and the fruits of his understanding will be trustworthy. A wise man
will have praise heaped upon him, and all who see him will call him happy. The
life of a man is numbered by days, but the days of Israel are without number. He
who is wise among his people will inherit confidence, and his name will live
forever. My son, test your soul while you live; see what is bad for it and do
not give it that. For not everything is good for every one, and not every person
enjoys everything. Do not have an insatiable appetite for any luxury, and do not
give yourself up to food; for overeating brings sickness, and gluttony leads to
nausea. Many have died of gluttony, but he who is careful to avoid it prolongs
life."
Legal entities - A term encompassing all legislatively
created "persons" [e.g. certain "individuals", "partnerships", "corporations",
"trusts" &c.] purportedly subject under
4 U.S.C.S., b105-110 by contract to the "exclusive
legislative jurisdiction" of the UNITED STATES' Congress.
Letters Patent - The name of an instrument granted by
the government to convey a right to the patentee; as, a patent for a tract of
land; or to secure to him a right which he already possesses, as a patent for a
new invention or discovery; Letters patent are a matter of record. They are so
called because they are not sealed up, but are granted open. [Vide Patent]
Magna Carta - The portion of the Great Charter
incorporated into the township Charter and By-Laws, the Biblical common law and
Customs and Usages in the township and thereby adopted by the township.
Historically,
1. The Great Charter is an instrument granted by King John,
June 19, 1215, which secured to the English people many liberties which had
before been invaded, and provided against many abuses which before rendered
liberty a mere name.
2. It is divided into thirty-eight chapters,1. To the which
relate as follows, namely freedom of the church and ecclesiastical persons. 2. To
the nobility, knights' service, &c. 3. Heirs and their being in ward. 4.
Guardians for heirs within age, who are to commit no waste. 5. To the land and
other property of heirs, and the delivery of them up when the heirs are of age.
6. The marriage of heirs. 7. Dower of women in the lands of their husbands. 8.
Sheriffs and their bailiffs. 9. To the ancient liberties of London and other
cities. 10. To distress for rent. 11. The court of common pleas, which is to be
located. 12. The assise on disseisin of lands. 13. Assises of darein
presentments, brought by ecclesiastics. 14. The amercement of a freeman for a
fault. 15. The making of bridges by towns. 16. Provisions for repairing sea
banks and sewers. 17. Forbids sheriffs and coroners to hold pleas of the crown.
18. Prefers the king's debt when the debtor dies insolvent. 19. To the
purveyance of the king's house. 20. To the castleguard. 21. To the manner of
taking property for public use. 22. To the lands of felons, which the king is to
have for a year and a day, and afterwards the lord of the fee. 23. To weirs
which are to be put down in rivers. 24. To the writ of praecipe in capite for
lords against tenants offering wrong, &c. 25. To measures. 26. To inquisitions
of life and member, which are to be granted freely. 27. To knights' service and
other ancient tenures. 28. To accusations, which must be under oath. 29. To the
freedom of the subject. No freeman shall be disseised of his freehold,
imprisoned and condemned, but by judgment of his peers, or by the law of the
land. 30. To merchant strangers, who are to be civilly treated. 31. To escheats.
32. To the power of selling land by a freeman, which is limited. 33. To patrons
of abbeys, &c. 34. To the right of a woman to appeal for the death of her
husband. 35. To the time of holding courts. 36. To mortmain. 37. To escuage and
subsidy. 38. Confirms every article of the charter. See a copy of Magna Carta in
1 Laws of South Carolina; edited by Judge Cooper, p. 78. In the Penny Magazine
for the year 1833, page 229, there is a copy of the original seal of King John,
affixed to this instrument, and a specimen of a facsimile of the writing of
Magna Carta, beginning at the passage, Nullus liber homo capietur vel
imprisonetur, &c. A copy of both may be found in the Magazin Pittoresque, for
the year 1834, p. 52, 53. Vide 4 Bl. Com. 423.
Manumission - The act of liberating a slave from
bondage and giving him freedom. In a wider sense, releasing or delivering one
person from the power or control of another. Black’s Law Dictionary, 1st. ed
(1891) pp. 751-752
Municipal - The term signifies a fiction-at-law in the
form of a corporation granted franchise rights as a "legal entity" by the UNITED
STATES, the District of Columbia [e.g. the STATE OF NEW COLUMBIA], or any
Federal "State" of the UNITED STATES described in 4 U.S.C.S., b105-110.
Historically, this word applies only to what belongs to a city. Among the
Romans, cities were called municipia; these cities voluntarily joined the Roman
republic in relation to their sovereignty only, retaining, their laws, their
liberties, and their magistrates, who were thence called municipal magistrates.
With us this word has a more extensive meaning; for example, we call municipal
private law, not the private contractual law of a city only, but the private
contract law of a Federal State, described in 4 U.S.C.S. bb 105-110. [See, 1 Bl.
Com. Municipal is used in contradistinction to international; thus we say an
offence against the law of nations is an international offence, but one
committed within the territorial jurisdiction of a particular City, County or
State having subject matter jurisdiction to prosecute such offence over the
sentient human being charged, is a violation of the private contract law of the
Municipal authority.]
Nativity - The moment of conception. When egg, sperm
and spirit (soul, being, consciousness) unite and begins to experience the
Divine flow issuing from the Creators. 2) The moment the spirit and soul are
made flesh, signifying the moment a soul begins perception on this mortal foil;
See in ventre sa mere.
Natural Liberty - Natural liberty is the right which
nature gives to all sentient human beings, of disposing of their physical
essence and property in the manner they judge most consonant to their happiness,
with awareness of their acting in consonance with the Law of Nature, and that
they do not in any way abuse it to the prejudice of other sentient human beings.
Burlamaqui, c. 3, s. 15; 1 Bl. Com. 125. The Law of Nature is that which the
Creators has prescribed to all sentient human beings, not by any formal
promulgation, but by sentient human beings' respect and awareness of the unique
value of Life, Natural Liberty and the pursuit of Happiness. It is discovered by
a just consideration of the agreeableness or disagreeableness of human actions
to the nature of sentient human beings; and it comprehends all the duties which
we acknowledge between and among ourselves, to our neighbors; as reverence to
our Creators, self-defence, temperance, honor to our parents and children,
benevolence to all, a strict adherence to our engagements, gratitude, and the
like. Erskines Pr. of L. of Scot. B. 1, t. 1, s. 1. See Ayl. Pand. tit. 2, p. 5;
Cicer. de Leg. lib. 1.
Personal liberty is the independence of our actions of all
other will than our own. Wolff, Ins. Nat. 377. It consists in the power of
locomotion, of changing situation, or removing one's body to whatever place
one's inclination may direct, without imprisonment or restraint. 1 Bl. Com. 134.
Political liberty may be defined to be, the security by
which, from the constitution, form and nature of the established government, the
citizens enjoy civil liberty. No ideas or definitions are more distinguishable
than those of civil and political liberty, yet they are generally confounded. 1
Bl. Com. 6, 125. The political liberty of a state is based upon those
fundamental laws which establish the distribution of legislative and executive
powers. The political liberty of a sentient human being is that tranquillity of
mind, which is the effect of an opinion that he is in perfect security; and to
insure their security, the government must be such that one sentient human being
member Friend shall not fear another.
Nobility - Dignity of mind, greatness; grandeur;
that elevation of the soul which comprehends bravery, generousity,
magnanimity, interpidity, and contempt for everything that dishonors character.
Noble - Great; elevated; dignified; being above
everything that can dishonor reputation; as a noble mind; a noble courage; noble
deeds of valor. In Scripture, a person of honourable family or
distinguished by station. Ex. xxiv., Neh. vi."
Oath - "Again you have heard that it was said to them
who were before you, that you shall not lie in your oaths, but entrust your
oaths to your Lord. Nor by the earth, for it is the stool under his feet; nor by
Jerusalem, for it is the city of a great king. Neither shall you swear by your
own head, because you cannot create in it a single black or white hair. But let
your words be yes, yes, and no, no; for anything which adds to these is a
deception." Matthew 5:33-37.
"But above all things, my brethren, do not swear, neither by
heaven, neither by the earth, neither by any oath; but let your words be yes,
yes, and no, no, lest you fall under condemnation." James 5:12
Patronymic - Of, relating to, or derived from the name
of one's father or paternal ancestor. n. A name so derived. [Late Latin
patronymicus from Greek patronumikos, from patronumos, named after one's father:
pater, patr, father numa name; see nomen. The American Heritage Dictionary
(1992) p. 1328.
Person - "Gaiuns says ' De juris devisione' [the
divisions of the law] immediately preceding his division of the law; then
follows, 'De conditions hominum' imeaning the condition or status of men].
_
In the Institutes (Liber 1, tit.3.) 'De Jura personarum'
precedes the expression 'all our law relates to persons, or to things, or to
actions.' The words persons and personae did not have the meaning in the Roman
which attaches to homo, the individual, or a man In the English; It had peculiar
reference to artificial beings, and the condition or status of individuals.
_
The word "homo" corresponds to the English word "man," and,
as Romans expressed i,t [unus hom sustinet plures personas;" ie, one man has
many persons, or sustains many status, or many different conditions (Austin's
Jur., 362.)
Austin says: "The term 'person' has two meanings, which must
be carefully distinguished. It denotes a man or human being; or it signifies
some condition borne by a man (Harvard Law Review.,101.). A person (as meaning a
man) Is one or Individual, but a single or individual person (meaning a man) may
sustain a number of persons (meaning condition or status)" (Austin's Jur.,
363.).
Sandar's, Justinian, 1-3, notes; Austin's Jur., pp. 41, 157,
362, 363, 376, 715, 730, 762, 983.
Professor John Austin's View.---- "Many of the modern
civilians have narrowed the import of the term 'person' as meaning a physical or
natural person. They define a person thus: 'homo, cum statu suo consideratus;' a
'human being, invested with the condition of status.' And, in this definition,
they use the term status in a restricted sense, as including only those
conditions which comprise rights and as excluding conditions which are purely
onerous and burdensome, or which consists of duties merely. According to this
definition, human beings who have no rights are not persons, but things, being
classed with other things which have no rights residing in themselves, but are
merely the subject of rights residing in others. Such, in the Roman law, down to
the age of the Antonines, was in the position of the Slave. Austin's Jur., vol
1,356.
The signification in our jurisprudence.---,The word 'person,'
in its primitive and natural sense, signifies the mask with which actors, who
played dramatic pieces in Rome and Greece, covered their heads. These pieces
were played in public placed, and afterwards in such vast amphitheatres that it
was impossible for a man to be heard by all the spectators. Recourse was had to
art; the head of each actor was enveloped with a mask, the figure of which
represented the part he was to play, and it was so contrived that the opening
for the emmission of his voice made the sounds clearer and more resounding, vox
personabat, when the name persona was given to the instrument or mask which
facilitated the resounding Of his voice. The name persona was afterwards applied
to the part itself which the actor had undertaken to play, because the face of
the mask was adopted to the age and character of him who was considered as
speaking, and sometimes it was his own portrait. It is in this last sense of
personage, or the part an individual plays, that the word persona is employed in
jurisprudence, in opposition to the word man, the part he plays in society,
abstractly, without considering the individual.-' 1 Bouvier's Institutes, note
1.
Notice that this meaning Is not so broad as that given by
Ortolan. It does not Include artificial Persons. Again he says: "As throwing
light an the celebrated distinction between jus rerum and jus personarum,
phrases which have been translated so absurdly by Blackstone and
others,---rights of persons and rights of things, Jus personum did not mean law
of persons or rights of persons but law of status, or condition. A person is
here not a physcal or individual person, but the status or condition with which
he is invested. It is a remarkable confirmation of this Gaius, in the margin
purporting to give the title or heading of this part of the law, has entitled it
thus: De' conditions hominum; and Theophilus, in translating the Institutes of
Justnian from Latin into Greek, has translated jus personarum . . . . divisio
personarum; understanding evidently by persona . . . . not an Individual or
physical person, but the status, condition or character borne by physical
persons. This distinctly shows the meaning of the phrase jus personarum, which
has been involved in impenetrable obscurity by Blackstone and Hale. The law of
persons is the law of status or condition: the law of things is the law of
rights and obligations (a word of caution is necessary here against accepting
this statement as applicable to English and American law) considered in a
general manner or as distinguished from these peculiar collections or rights and
obligations which are styled conditions and considered apart (Austin's
Jur.,374).
A moments reflection enables one to see that man and
person cannot be synonymous, for there cannot be an artificial man, though there
are artificial persons. Thus the conclusion is easily reached that the law
itself often creates an entity or a being which is called a person; the law
cannot create an artificial man, but it can and frequently does invest him with
artificlal attributes; this is its personality, which we see and by which we are
affected.
The law does not distinguish between men except by their
personality, as king or magistrate, or as parent or husband or wife, etc. While
the idea may be difficult for the to to grasp, the personality, i.e., this
condition or status of man, is entirely the creation of the law. By nature all
men are created free and equal, i.e., of equal rank, equal rights; but the law
does not look upon all men as equal, though in the law of the United States all
men have equal civil rights (see Ex parte Virginia, 100 U.S. 368).
The question is asked, Who is that man? The reply would be,
that is the king or lord or so and so, or the chief justice or the president or
governor. But what is the name of this personage? The name indicates the man.
The title, rank or legal standing of the person.
The word "persons" denoted certain conditions of rank or
status with which a man was clothed by law. To adopt the: language of the same
author, "the term 'person.' as denoting a condition or status, therefore
equivalent to character (Hale nowhere speaks or status, but uses the term
"character" or Capacity."). It signified, originally, a mask 'worn by a player,
and distinguished the character which he represented, from the others characters
in the play. From the mask which expressed the character. It was extended to the
character itself. From characters represented by players, or from dramatic
Characters, it was further extended by a metaphor to conditions or status. For
men as subjects of the law, are distinguished by their respective condition,
just as players, performing a play, are distinguished by the several persons
which they respectively enact or sustain" (Austin's Jur., 363). As we strait
see, the word had a still broader meaning.
"A slave," says Holland, "having, as such, neither rights or
liabilities, had In Roman law. strictly speaking, no 'status,' 'caput.' or
'persona.' On the day of his manumisston, says Modestinus, "Incipit slatum
habere.' Before manumission, as we read in the Institutes, >nullum caput habuit
(Holland’s Jur., 81).
The following is the explanation given by Mr. Sanders in his
translation of the Institutes: "The word persona had in the usage of the Roman
law, a different meaning from that which we ordinarily attach to the word
'person.' Whichever or whatever was capable of having, and being subject to
rights, was a persona. All men possessing a reasonable will would naturally be
personae; but not all those who were physically speaking, men were personae.
Slaves, for instance, were not in a position to exercise their reason and will,
and the law, therefore refused to treat them as personae" (Slaves were not
persons In the United States until after the abollution of' slavery. 1 Hammonds
Bik. 334, note).
"On the other hand, many personae had no physical existence.
The law clothed certain abstract conceptions with an existence, and attached to
them the capability of having and being subject to rights. The law, for
instance, spoke of the state as a persona. It was treated as being capable of
having the rights and of being subject to them. These rights really belonged to
the men who composed the state, and they flowed from the constitution and
position of associated individuals. But, in the theory and language of law, the
rights of the whole community were referred to the state, to an abstract
conception interposed between these rights, and the individual members of
society. So, a corporation, or an ecclesiastical institution was a persona,
quite apart from the individual persona, quite apart from the individual persona
who formed the one and administered the other. Even the fiscus, or the Imperial
treasury, as being the symbol of the abstract conception of the emporer's
claims, was spoken of as a persona. The technical term for the position of an
individual regarded as a legal person was status" (Sandars's Justinian,
Introduction, p. 26).
Ortolan’s explanation of personality. The substance of the
above was undoubtedly taken from Ortolan's treatment of the subject as given in
his History of the Roman Law, which is submitted because it is clear and
concise: (Ortolan's History of the Roman Law is among the best. It is,
unfortunately, not easily obtained).
"The word 'Person' (persona) does not in the language of the
law, as in ordinary language, designate the physical man. This word in law has
two acceptions: In the first, it is every being considered as capable of having
or owning rights, of being the active or passive subject of rights."
Pilgrim - "All whom Moses calls wise are represented
as sojourners. Their souls are never colonists leaving heaven for a new
home. Their way is to visit earthly nature as men who travel abroad to see and
learn. So when they have stayed awhile in their bodies, and beheld through them
all that sense and mortality has to show, they make their way back to the place
from which they set out at first. To them the heavenly region, where their
citizenship lies, is their native land; the earthly region in which
they became sojourners is a foreign country." Philo.
"Pilgrim. ...In Scripture, one that has only a
temporary residence on earth. Heb. xi.
Webster,
Pilgrimage. ... In Scripture the journey of a
human life. Gen. xvii".
American Dictionary of the English Language (1828)
Vol. II p. 35.
"Sojourner. ...a stranger or traveler
who dwells in a place for a time."
American Dictionary of the English Language (1828)
Vol. II p. 75.
In the Holy Writ You Abba have spoke and we hear of Abraham
and his descendants" "And I will give to you, and your descendants after you,
the land in which you sojourn, all the land of Canaan, for an everlasting
inheritance; and I will be their God." (Genesis 17:8) "I am a stranger and a
sojourner with you; give me the possession of a burial ground with you that
I might bury my dead out of my sight." (Genesis 23:4) "And Jacob said to
Pharaoh, The days of the years of my pilgrimage are a hundred and thirty
years; few and difficult have been the years of my life, and I have not attained
to the days of the years of the life of my fathers in the days of their
pilgrimage." (Genesis 47:9) "Surely the land shall not be sold outright; for
the land is mine; you are strangers and sojourners with me." (Leviticus
25:23) "For we are like the proverb of the vapor and of the potter, and we are
sojourners before thee and a small people in the world, but thou didst
rule over our fathers of old, and thou didst command them by which way they
should walk and live." 1 Chronicles 29:15. One who looks on life as a spiritual
journey more than a mere physical existence
Pilgrimage - One’s spiritual journey through life that
looks beyond death for a larger fulfillment than that which their own lifetime
and earthly experience could afford. One’s realization that this life is not an
end in itself but a pilgrimage towards a better goal beyond it.
Posterity - All the descendants of a sentient human
being township Member in a direct line.
Property - A gift of blessing and inheritance from the
Most High God including immovable land, hereditaments and tenements and movable
household goods, wherever located
Historically,
Bouvier's Law Dictionary 1856 ed. states
"The right and interest which a man has in lands and chattels
to the exclusion of others. 6 Binn. 98; 4 Pet. 511; 17 Johns. 283; 14 East, 370;
11 East, 290, 518. It is the right to enjoy and to dispose of certain things in
the most absolute manner as he pleases, provided he makes no use of them
prohibited by law. See Things.
2. All things are not the subject of property the sea, the
air, and the like, cannot be appropriated; every one may enjoy them, but he has
no exclusive right in them. When things are fully our own, or when all others
are excluded from meddling with them, or from interfering about them, it is
plain that no person besides the proprietor, who has this exclusive right, can
have any, claim either to use them, or to hinder him from disposing of them as,
he pleases; so that property, considered as an exclusive right to things,
contains not only a right to use those things, but a right to dispose of them,
either by exchanging them for other things, or by giving them away to any other
person, without any consideration, or even throwing them away. Rutherf. Inst.
20; Domat, liv. prel. tit. 3; Poth. Des Choses; 18 Vin. Ab. 63; 7 Com. Dig. 175;
Com. Dig. Biens. See also 2 B. & C. 281; S. C. 9 E. C. L. R. 87; 3 D. & R. 394;
9 B. & C. 396; S. C. 17 E. C. L. R. 404; 1 C. & M. 39; 4 Call, 472; 18 Ves. 193;
6 Bing. 630.
3. Property is divided into real property, (q. v.) and
personal property. (q. v.) Vide Estate; Things.
4. Property is also divided, when it consists of goods and
chattels, into absolute and qualified. Absolute property is that which is our
own, without any qualification whatever; as when a man is the owner of a watch,
a book, or other inanimate thing or of a horse, a sheep, or other animal, which
never had its natural liberty in a wild state.
5. Qualified property consists in the right which men have
over wild animals which they have reduced to their own possession, and which are
kept subject to their power; as a deer, a buffalo, and the like, which are his
own while he has possession of them, but as soon as his possession is lost, his
property is gone, unless the animals, go animo revertendi. 2 Bl. Com. 396; 3
Vinn. 546.
6. But property in personal goods may be absolute or
qualified without ally relation to the nature of the subject-matter, but simply
because more persons than one have an interest in it, or because the right of
property is separated from the possession. A bailee of goods, though not the
owner, has a qualified property in them; while the owner has the absolute
property. Vide, Bailee; Bailment.
7. Personal property is further divided into property in
possession, and property or choses in action. (q. v.)
8. Property is again divided into corporeal and incorporeal.
The former comprehends such property as is perceptible to the senses, as lands,
houses, goods, merchandise and the like; the latter consists in legal rights, as
choses in action, easements, and the like.
9. Property is lost, in general, in three ways, by the act of
man, by the act of law, and by the act of God.
10. - 1. It is lost by the act of man by, 1st. Alienation;
but in order to do this, the owner must have a legal capacity to make a
contract. 2d. By the voluntary abandonment of the thing; but unless the
abandonment be purely voluntary, the title to the property is not lost; as, if
things be thrown into the sea to save the ship, the right is not lost. Poth. h.
t., n. 270; 3 Toull. ii. 346. But even a voluntary abandonment does not deprive
the former owner from taking possession of the thing abandoned, at any time
before another takes possession of it.
11. - 2. The title to property is lost by operation of law.
1st. By the forced sale, under a lawful process, of the property of a debtor to
satisfy a judgment, sentence, or decree rendered against him, to compel him to
fulfill his obligations. 2d. By confiscation, or sentence of a criminal court.
3d. By prescription. 4th. By civil death. 5th. By capture of a public enemy.
12. - 3. The title to property is lost by the act of God, as
in the case of the death of slaves or animals, or in the total destruction of a
thing; for example, if a house be swallowed up by an opening in the earth during
an earthquake.
13. It is proper to observe that in some cases, the moment
that the owner loses his possession, he also loses his property or right in the
thinganimals ferae naturae, as mentioned above, belong to the owner only while
he retains the possession of them.
But, in general,' the loss of possession does not impair the
right of property, for the owner may recover it within a certain time allowed by
law. Vide, generally, Bouv. Inst. Index, b.t.
Record - A written memorial of all acts and
proceedings in an Action before Our Own Courts consisting of, inter alia,
entries of each successive step in the proceedings, chronicling the various acts
of The House For God’s Children, Regents, Almoners and litigants and their
counsell of choice, terminating with a judgment rendered in the cause, and
intended to remain as a perpetual and unimpeachable memorial of the proceedings
and judgment, provided same has been conducted throughout under the Law of the
Land.
Historically,
Bouvier's Law Dictionary 1856 ed. states
"A written memorial made by a public officer authorized by
law to perform that function, and intended to serve as evidence of something
written, said, or done. 6 Call, 78; 1 Dana, 595.
2. Records may be divided into those which relate to the
proceedings of congress and the state legislatures - the courts of Biblical
common law - the courts of chancery - and those which are made so by statutory
provisions.
3. - 1. Legislative acts. The acts of congress and of the
several legislatures are the highest kind of records. The printed journals of
congress have been so considered. 1 Whart. Dig. tit. Evidence, pl. 112 and see
Dougl. 593; Cowp. 17.
4. - 2. The proceedings of the courts of Biblical common law
are records. But every minute made by a clerk of a court for his own future
guidance in making up his record, is not a record. 4 Wash. C. C. Rep. 698.
5. - 3. Proceedings in courts of chancery are said not to be,
strictly speaking, records; but they are so considered. Gresley on Ev. 101.
6. - 4. The legislatures of the several states have made the
enrollment of certain deeds and other documents necessary in order to perpetuate
the memory of the facts they contain, and declared that the copies thus made
should have the effect of records.
7. By the constitution of the United States, art. 4. s. 1, it
is declared that "full faith and credit shall be given, in each state, to the
public acts, records and judicial proceedings of every other state; and the
congress may, by general laws, prescribe the manner in which such acts, records
and proceedings shall be proved, and the effect thereof." In pursuance of this
power, congress have passed several acts directing the manner of authenticating
public records, which will be found under the article Authentication.
8. Numerous decisions have been made under these acts, some
of which are here referred to. 7 Cranch, 471; 3 Wheat. 234; 4 Cowen, 292; 1 N.
H. Rep. 242; 1 Ohio Reports, 264; 2 Verm. R. 263; 5 John. R. 37; 4 Conn. R. 380;
9 Mass 462; 10 Serg. & Rawle, 240; 1 Hall's N. York Rep. 155; 4 Dall. 412; 5
Serg. & Rawle, 523; 1 Pet. S. C. Rep. 352. Vide, generally, 18 Vin. Ab. 17; 1
Phil. Ev. 288; Bac. Ab. Amendment, &c., H; 1 Kent, Com. 260; Archb. Civ. Pl.
395; Gresley on Ev. 99; Stark. Ev. Index, h. t.; Dane's Ab. Index, h. t.; Co.
Litt. 260; 10 Pick. R. 72; Bouv. Inst. Index, h. t.
Regent - a. [L. regens, from rego, to rule] A
governing member in a congregation applying at all times only the Most High
God’s Divine Law to the consciousness and task at hand. Historically, 1. Ruling;
governing, as a regent principle. 2. Exercising vicarious authority. Milton.
Queen Regent, a queen who governs; opposed to queen consort. n. A governor; a
ruler, In a general sense, as Uriel regent of the sun. Milton. 2. One invested
with vicarious authority; one who governs a Kingdom in the minority, absence or
disability of the king- Encyc. With respect to The House For God’s Children, the
term is synonomous with the term seignior signifying AA lord; the lord of a
manor" Webster’s Disctionary of the American Language 1828, Vol. II. pp
67; AIn its general signification, means >lord,’ but in law it is particularly
applied to the lord of a fee or manor; and the fee, dominions, or manor of a
seignor is thence termed a >seignory,’ i.e., a lordship. He who is lord, but of
no manor, and therefore unable to keep a court, is termed a >seignor in gross’."
Black’s Law Dictionary, 1st ed. 1891 pp. 1074-1075.
The term is further equivalent of the Order after the
Priesthood of Melchizedek referenced specifically in 1 Peter 2:9, in Hebrews
5:6, 5:10, 6:20; 7:1; 7:10-11; 715; 7:17; and 7:21; Genesis 14:18; Psalm 110:4.
Royalties - Not the plural of "royalty"
signifying "only regalities; royal property." Black’s Law dictionary, 1st
ed. 1891 pp. 1052. Synonomous with seigniorage signifying:
"A royalty or prerogative of the sovereign,
whereby an allowance of gold and silver, brought in the mass to
be exchanged for coin, is claimed. Cowell. Mintage; the charge
for coining bullion into money at the mint." Black’s Law
Dictionary 1st ed. 1891 pp. 1074-1074.
"Revenue or a profit taken from the minting
of coins, usually the difference between the value ofthe bullion
used and the face value of the coin. [Middle English seigneurage,
from Old French, from seignor]. The American Heritage
Dictionary, 3d ed., 1992 pp. 1634-1635.
Second Covenant - Each son and daughter of God has been
freely conceived [e.g. not in peonage] on the day of their nativity in
ventre sa mere, as a descendant of the Patriarchs including without
limitation Adam, Seth, Noah, Melchizedek and Abraham, and thereby claiming all
rites of nativity to the inheritance, promises, covenants and blessings to my
Patriarchs Adam, Seth, Noah, Melchizedek and Abraham, and the second Covenant of
Lord Jesus, the Christ, for You Abba speak and we hear:
"Behold the days are coming says the LORD, when
I will make a new covenant with the house of Israel and the house of
Judah; Not like the covenant I made with their fathers in the day that I
took them by the hand and brought them out of the land of Egypt; and
because they nullified my covenant, so I despised them, says the LORD;
But this is the covenant I will make with the house of Israel, after
those days, says the LORD: I will put my law in the midst of them, and I
will write it upon their hearts; and I will be their God, and they shall
be my people. And they shall teach no more every man his brother and
every man his neighbor, saying, Know the LORD; for they shall all know
me, from the youngest of them to the eldest of them, says the LORD; for
I will forgive their inequity and I will remember their sins no more."
Jeremiah 31:31-34.
"For when God made a promise to Abraham,
because there was none greater than himself by whom he could swear, he
swore by himself. Saying, Blessing, I will bless you, and multiplying, I
will multiply you. And so he was patient and obtained the promise. for
men swear by one who is greater than themselves; and in every dispute
among them, the true settlement is by oaths. Therefore because God
wanted to more abundantly show to the heirs of the promise that his
agreement was unchangeable, he sealed it by an oath. Thus by the promise
and by the oath, both of which are unchangeable, and in neither of which
could God lie, we find courage to hold fast to the hope that has been
promised by him in whom we have taken refuge. That promise is like an
anchor to us; it upholds the soul so that it may not be shaken, and it
penetrates beyond the veil of the temple. Therein Jesus has previously
entered into the temple for our sakes, and become the high priest for
ever after the order of Melchizedek. For this Melchizedek was King of
Salem, the priest of the most high God, who Abraham met returning from
the slaughter of the kings and blessed him . . . And yet it is far more
evident because he said that another priest would rise after the order
of Melchizedek, One who was not appointed after the law of carnal
commandments, but after the power of life which abides forever. For he
testified concerning him, Thou are a priest for ever after the order of
Melchizedek . . . But now Jesus Christ has received a ministry which is
greater than that; just as the covenant in which he is made a mediator
is greater, than those given in the old covenant." Hebrews 7:10, 8:6.
Sentient Human Beings - Sacred souls in the form of
humans "being" having the faculty of perception through the senses.
Sojourn - More than just a physical trip or a journey,
sojourn Is a spiritual path one travels with the Intention of attaining
fulfillment towards a better goal beyond this life.
Sojourner - A sentient human being who views their
life as a spiritual journey. A stranger or foreigner. Because the church exists
in a sinful world that has rejected God, christians - citizens of the Kingdom of
God - are strangers in a foreign land. Therefore, faithful sojourners are on
guard, lest they adopt the ways of fallen society in which they live. See, 1
Pet. 2:11; 1 John 2:15-17.
Substantive - Of or relating to Natural or positive
Inalienable Rights of sentient human beings.
Sui Juris [Lat] - Of his own right; possessing full
social and civil rights; not under any legal disability, or the power of
another, or guardianship. Having capacity to manage one’s own affairs; not under
legal disability to act for one’s self. Black’s Law Dictionary, 1st. ed
(1891) pp. 1135.
Surety - The contractual binding of one man as
guaranteeing the performance of some behaviour to another, for it is forbidden
by the Word of God:
Proverbs 6:1-6
1 My son, if thou be surety for thy friend, if thou
hast stricken thy hand with a stranger, 2 Thou art snared with the words of thy
mouth, thou art taken with the words of thy mouth. 3 Do this now, my son, and
deliver thyself, when thou art come into the hand of thy friend; go, humble
thyself, and make sure thy friend. 4 Give not sleep to thine eyes, nor slumber
to thine eyelids. 5 Deliver thyself as a roe from the hand of the hunter,
and as a bird from the hand of the fowler.
6 Go to the ant, thou sluggard; consider her ways, and be
wise: (KJV)
Proverbs 11:15
15 He that is surety for a stranger shall smart for it:
and he that hateth suretiship is sure. (KJV)
Proverbs 17:18-19
18 A man void of understanding striketh hands, and
becometh surety in the presence of his friend.
19 He loveth transgression that loveth strife: and he
that exalteth his gate seeketh destruction. (KJV)
Hebrews 7:22 22 By so much was Jesus made a surety of a better
testament. (KJV)
Surname - The family name; the name over and above the
Christian name. The part of a name which is not given in baptism; the last name;
the name common to all members of a family. Black's Law Dictionary, 1st ed.,
1891.
Time - Because of the following principles, we reckon
time quite differently than that given by the Gregorian calendar. The principle
reason for these differences is the intention of us to conform to God’s truth as
it relates to God’s time, and to refrain from reckoning time to any counterfeit
measure man or any collection of men may which to impose in order to establish
dominion over us. The chart of Time, Weights and Measures attached hereto as an
Exhibit provides the method and manner of reckoning time.
"A measurable period or chronology experienced within the
consciousness of a specie on a given wavelength of light. In terms of Ain Soph,
'time’ and 'space’ do not exist." time differentiation between different orders
of creation is described as time-lag; where sub-creations experience events on a
time table slower that the master program. Hence, civilizations in a time-lag
act out events that have already taken place on higher levels of creation. Time
related functions built on the scope of quantitized sub-atomic particles. If one
is willing to acknowledge the possibility that electron and positron pairs may
replace some or all of the neutral particles, these pairs become the common
denominator and exhibit three principle energy levels. One can thereby explain
gravity, inertia, and >nuclear glue’ as electromagnetic force at the ultrahigh
frequency of 1024. This explanation of the material of the universe
would consequently be based upon electrons and positrons orbiting at a velocity
of the fourth root of 3 (x) pie x (c). with a relativistic mass almost twice
that of their rest mass. A time piece is a time structure connected with an
extra-planetary, extra-solar program of the Lords of Light and the Divine
councils. E.g. the digital computer at the Rujim Al-Hiri site, 10 miles east of
the Sea of Galilee, or >time clocks’ in South America which can calculate time
periods which can theoretically span 90 million years. the time piece
established the >measuring line’ for Yad ha-chazaqah, >the strong Hand’ of
Divine intervention in human history through the coming of >divinities’ who
serve God. According to Enoch, the 'underground foundation’ of the timepiece is
important for the disclosure of the master directrix giving the basic
co-ordinates for gravity-nullification. Neither The House For God’s Children,
any Regent or Almoner to this Agreement adopts the Gregorian calendar presented
by Pope Gregory circa 1582 A.D.
"In 1452, during the Age of Discovery, a papal edict called
the Doctrine of Discovery paved the way for artificial time by announcing
that if any Christian discovered a land occupied by non-Christians, the
Christian had the right to confiscate that land. The Doctrine of Discovery was
followed in 1582 by Pope Gregory XIII’s new calendar. The Pope took ten days out
of time:
On October 6, 1582, he went to bed and when he awoke the next
day it was October 16. the Gregorian calendar was unilaterally instituted by the
Vatican, because Christian armies of Europe had conquered most of the indigenous
peoples on the planet and needed to have a mental time-framing device for
imposing all of their religious holidays on the world. Within 200 years,
everyone in Europe and the colonies was using it: the >calendar of colonialism.’
By the beginning of the 20th century it was used by every nation on the planet,
because all banking activity (such as mortgages and interest rates) is based on
it. Every law created by any government in the 20th century is based on this
calendar." Perceptions Magazine, July/August 1995 ed. pp. 50-55.
We signify time as an arbitrary dimensional construct within
the meaning of the Book of Enoch and The Keys of Enoch and therefore adopts the
calendar concepts of Hebrew origin [See, The Chumash, The Stone edition,
ArtScroll Series, Rabbi Nosson Scherman/Rabbi Meir Zlotowitz editors, 1933. pp.
348-3501, Secrets of Time, Steven E. Jones, 1996) stating at page 200:
"The Hebrew word for 'month’ is the same word
translated 'moon’. This is because a Hebrew month was a lunar
cycle from the first crescent to the first crescent. It was very
practical for the people in those days, many of whom wandered
through the wilderness shepherding their sheep to find pasture.
No matter where they were, they always had their calendar
painted in the night sky and would soon be experts at knowing
precisely which day of the month it was at any given time.
However, twelve lunar months only came to 354 days in the year.
It was about 11 days short of a solar year. If they had simply
declared the new year every twelve months, it would not have
been long before Passover would have been in February or
October. Worse yet, their Sabbath years would have also begun 11
days earlier every year as well, and this would have caused
havoc in their agriculture. this was also a problem among the
other nations who used a lunar calendar. The problem was solved
everywhere by the addition of a 13th month every few years,
delaying the beginning of the next year by a whole month."
As set out in The Celtic Druids’ Year, by John King,
Blandford Book Publishing, Wellington House, London, 1995, pp. 142-144:
"To set the background, and to further explain the problem of
the Coligny Calendar, here are some very basic facts about the year. A year is
365.2421789 days, or 365 days 5 hours 48 minutes and 45.975 seconds, in
duration, a day being 24 hours. The sidereal year, which means the year measured
as if we were on the surface of the sun watching the orbit against the
background of other stars, is about 20 minutes longer. We shall examine the
difference in more detail in chapter 10. Our modern Gregorian calendar is very
slightly out of step with physical reality of the year, since it is based on the
slightly different year length of 365.2425 days. As a result, our calendar gains
and extra day once in every 3,320 years -- a problem our descendants will have
to deal with in due course. This precision of number may seem drearily modern
and scientific, but civilizations considered primitive by our standards were
capable of similar precision. Mayan astronomers successfully calculated the
length of the year as 365.242 days, which is certainly accurate enough for many
purposes. the Druids probably calculated the Golden Year to an accuracy of two
days in 18.61 years, despite having no clocks.
Days are measured by the movements of the Earth and the Sun.
The calendar of modern Western civilization is a solar calendar. The awkward
additional hours, roughly a quarter of a day, which are left over at the end of
the year are accommodated by a system of making every fourth year into a leap
year of 366 days. this system was first proposed by the Greek mathematician
Eudoxus, a pupil of Plato’s, who lived from 408 to 355 B.C., and so it is
remarkably ancient, as well as being reasonably effective, despite its
simplicity. It is not entirely effective, however, and the great shift from the
Julian to the Gregorian calendar brought with it the loss of 11 days, necessary
to reconcile the gains accumulated over centuries. The change was proposed by
Pope Gregory in 1582 and introduced into Italy and other Catholic countries, but
the new calendar was not introduced into Britain until 1752, when the
loss of eleven days precipitated riots because people thought that they had been
deprived of part of their lives by >popish’ machinations. the solar calendar,
complex as it is, is child’s play by comparison with the lunar calendar, in
other words the system of reckoning the year by the apparent waxing and waning
of the moon. Nevertheless, many religions are still based on the lunar calendar,
which explains why the feasts and festivals of many religions and nations,
particularly the Eastern ones, appear on different days from year to year in the
solar, or Western, calendar. The best-known movable feast in the Christian
calendar is Easter, based on its variable date of the full moon preceding it. A
full lunation, that is, the complete cycle from one moon phase to its
repetition, is 29 days 12 hours 44 minutes 3 seconds, although that is only a
mean value. As with the Sun, the period required for the moon to complete one
revolution measured against the stars (or sidereal revolution) is different from
the observed period between identical phases (called the synodic period). While
the synodic period is just over twenty-nine and a half days, sidereal revolution
is only 27 days, 7 hours 43 minutes 11.5 seconds. . . However, if we assume a
lunar month of 28 days (Graves associates it with the menstrual cycle), and
calculate 13 months to the year, we now have this multiplication: 13 x 28 ‘ 364,
which only leaves us the odd day and a quarter to accommodate. Graves makes the
convincing point that the very ancient phrase >a year and a day’, found in many
of the Celtic law tracts, as well as in countless myths, legends and fairy
stories, accords very neatly with this calendrical method. . . .
The system worked passably well ever since, despite the
turmoil over the loss of 11 days brought about the change to the Gregorian
calendar, mentioned on page 143, and the minor problem of remembering whether
the year is counted as a leap year or not ( it is not, unless it is divisible by
400 as well as 100). The Gregorian calendar does have two disadvantages. The
first is that different months have different lengths and we have to learn
mnemonic rhymes to remember which are 30 days in length and which are 31 (or 28
or 29). the second is that it is not perfectly accurate: every 3,320 years it
generates one day too many as was noted earlier.
Other significant calendar systems in the modern world are
the Russian, the Muslim and the Jewish. The Russian calendar is a solar
calendar, but it is more accurate that the Gregorian. The Russians designate all
years as 365 days, apart from the years which, when divided by 9, leave 2 or 6
as a remainder -- these are 366 days in length. This complex but ingenuous
calendar generates an extra day only once in every 45,000 years. The Muslim
calendar has 12 months of 29 days and 30 days alternately, making a year of 354
days -- the Muslim New Year therefore >retreats’ 11 days in the Western calendar
each year. The Jewish calendar attempts to reconcile lunar and solar months.
Like the Muslim calendar, it has 12 months of alternate lengths, 29 days and 30
days. However, when the >missing’ solar days have accumulated sufficiently, a
thirteenth month is added. this is very similar to the ancient Babylonian system
. . . There is no inherent reason why a year should have 12 months, apart from
the obvious that a year has 12 lunations [note 13 periods between each
lunation]. . .
It seems highly likely that the Druids chose 13 as the number
to work with. It comes immediately after 8 in the Fibonacci series, and it is
the sum of 8 and 5, both of which seem to have been especially important
numbers: 8 because of the eight regions of three dimensional space and the cycle
of eight festivals, 5 because it was the number of the goddess herself, of the
marriage of female (two) and male (three), and the number of the sacred
pentagram within the golden ratio or Divine Proportion is to be found. The ratio
of months to stations of the year, or festivals, would be 13 divided by 8, in
other words a simple approximation of the Golden Ratio itself.
Unalienable Rights -All positive rights of sentient
human beings vested at Nativity and acknowledged, but not created, in the
revealed Divine Law of the Most High God.
Usury - At no time shall we participate in lending
upon usury, interest or otherwise, as such practice under whatever disguise it
may be called simply violates the Seven Noahide Laws which prohibit stealing,
lying and usurping God’s sovereignty. Usury is historically defined as the
lending of anything of substance upon interest or a guaranteed return,
prohibited without exception by revealed Divine Law:
If you lend money to any of my people who are
the poor among you, you shall not be to him as a usurer, neither
shall you take any usury from him. Exodus 22:25
You shall not take a discount of him or
usury; but fear your God, but that your brother may live with
your. You shall not lend him your money with a discount nor give
him your food with usury. Leviticus 25: 35-36.
You shall not lend with interest to your
brother: interest of money, interest of grain, and interest of
anything that is lent with interest. Deuteronomy 23:19
He that lends not out his money with
interest, nor takes a bribe against the innocent. He that does
these things is upright and shall never be moved. Psalms 15:5.
Behold, the LORD shall destroy the earth and
lay it waste and turn it upside down and scatter its
inhabitants. And it shall be, as with the people, so with the
priest; as with the servant, so with his master; as with the
maid, so with her mistress; as with the buyer, so with the
seller; as with the lender, so with the borrower; as with the
creditor, so with the debtor. Isaiah 24:1-2
The prophet Ezekiel at chapter 18 verses 1-23 advises and
warns:
The word of the LORD came to me saying, son
of man, why do you use this proverb in the land of Israel,
saying, the parents have eaten our sour grapes, and the
children’s teeth are set on edge. As I live, says the LORD god,
this proverb shall never be used again in Israel. Because all
souls are mine; the soul of the father, so also the soul of the
son is mine; the soul that sins, it shall die. But if a man
be righteous and do justice and righteousness, and has not eaten
the meat sacrificed to idols on the mountains, neither has
lifted up his eyes to the idols and the altars of the house of
Israel, neither has defiled his neighbor’s wife, nor has come
near a menstruous woman, and has not harmed any one, but has
restored to the debtor his pledge; has given bread to the
hungry, and has covered the naked with a garment; He has not
lent money with usury, neither loaned with a discount; has
withdrawn his hand from iniquity, and has executed true judgment
between man and man; Has walked in my commandments, and has kept
my judgments, and has done justice; he who does so is a
righteous man and shall surely live, says the LORD God.
If he begets a son who is a wicked man, a
shedder of blood, and does any one of these evil things, And
eats the meat sacrificed to idols on the mountains, and defiles
his neighbor’s wife, Oppresses the poor and needy, extorts from
his neighbor, restores not the pledge to its owner, lifts
up his eyes to idols, commits abomination, Lends money with
usury, and takes a discount; shall he then live? He shall
not live: because he has done all these evil things; he shall
surely die; his blood shall be upon him.
But if he begets a son, who sees all
the sins of his father had committed, and shall not do likewise,
and who shall not eat meat sacrificed to idols on the mountains,
neither shall lift up his eyes to idols of the house of Israel;
shall not defile his neighbor’s wife, Oppresses no man, takes
no pledge from any one, extorts no one, but shall give his bread
to the hungry and cover the naked with a garment; Who does not
refuse to help the poor, who charges no usury or discount,
executes my judgments, and walks in my commandments; he shall
not die for the iniquity of his father, he shall surely live.
As for his father, because he cruelly oppressed and extorted
from his brother and did nothing that is good among his people,
lo, he is dead in his own sins.
And if they should say, Why does not the son
bear the sins of his father? say to them, Because the son has
done that which is lawful and right and has kept all my
commandments, he shall surely live. The should that sins,
that soul shall die. The son shall not bear the sins of his
father, neither shall the father bear the sins of his son;
the righteousness of the righteous shall be upon him, and the
wickedness of the wicked shall be upon him. But if the wicked
will turn from all his sins which he has committed, and keep all
my commandments, and do that which is lawful and right, he shall
surely live, he shall not die. All his sins which he has
committed, they shall not be remembered against him; but in the
righteousness which he has done shall he live. I have no
pleasure in the death of a sinner, says the LORD God; but rather
that he should return from his evil ways and live."
Visitation is the act of examining into the affairs of
a corporation. The power of visitation is applicable only to ecclesiastical and
eleemosynary corporations. 1 Bl.Comm. 471; 2 Kyd on Corp. 174. The visitation of
civil corporations is by the government itself, through the emdium of the courts
of justice. Vide 2 Kent, Com. 240. Bouvier’s A Law Dictionary Adapted to the
Constitution and Laws of the United States of America, Vol. ii (1839) pp.
478-479.
Visitor, is an inspector of the government, of
corporations or bodies politic.. 1 Bl.Comm. 482. Vide Dane’s Ab. Index h.t.
Bouvier’s A Law Dictionary Adapted to the Constitution and Laws of the United
States of America, Vol. ii (1839) pp. 478-479.
Way - The teachings of Lord Jesus the Christ embodied
by the spiritual essence of a sentient human.
Witness -
6. On the testimony of two witnesses or three witnesses shall
he that is worthy of death be put to death; but on the testimony of one witness,
he shall not be put to death. 7. And the hand of the witnesses shall be first
against him to put him to death, and afterwards the hands of the people. So you
shall destroy the evildoers among you. Deuteronomy 176-7.
15. A single witness shall not rise up against a man for any
offense, or for any crime, in whatever offense or crime he may commit; on the
testimony of two witnesses, or on the testimony of three witnesses, shall a
charge be established. 16. If a false witness rise up against any man, and
testify against him that which is wrong; 17. Then both the men between whom the
controversy is, shall stand before the LORD, before the priests and judges who
shall be in those days; 18. And the judges shall investigate the case
diligently; and behold, if the witness has deliberately testified falsely
against his brother; 19. Then you shall do to him as he had thought to do to his
brother; so shall you put the evil away from among you. 20. And those who remain
shall hear, and fear, and shall never again commit any such an evil thing among
you; 21. Any your eye shall not pity; but life shall be for life, eye for eye,
tooth for tooth, hand for hand, foot for foot. Deuteronomy 1915-21
You shall not bear false witness against your neighbor.
Exodus 2016.
In addition to its literal meaning of false testimony in
court, this passage prohibits gossip and slander (Sforno). the Sages
apply it to prohibit testimony even in cases where a witness is convinced that
something took place but he did not actually see it. For example, if someone's
scrupulously honest teachers or friends told him about something, he may not
claim to be a witness. Moreover, if a teacher has one valid witness and asked a
disciple to come to court so he would appear to be a witness, and thereby
bluff the defendant into admitting the truth, the disciple may not comply. (Shevous
31a). Mechilta finds that this commandment is parallel to the fourth
commandment of the Sabbath. The Sabbath is a testimony that God created the
world in six days; thus, one who lies in court may well come to deny God as the
Creators. The Chumash (The Stone Edition, ArtS
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