Official Seal

Republic of New Lemuria 
 

The Trust Act of 1997

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