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Written by Abdun Nur   

Version 3 – 21st July 2015

Part Four - Establishing Universal Accountability - a Substantive Witena-Gemot of Axiological Inherent Power

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Wite and Surety Bound-Souls

 

1.    A witena-gemot of inherent power establishing relief through the application of the axioms of the land would not be costly to administrate, the original system worked in union with the binding system (witness, written and sealed agreement), it operated so well that the witena-gemot’s had very few cases a year, only four per region (county) on average, as it is a system of self-peace keeping upon the land through the binding system, this was before the Roman Catholic Church corporations agents lead by William the Bastard inflicted the barbarous genocide from 1066, and the introduction of the feudal deception of ownership imposed through a simple trust (constructed legal fiction), and with it Jewish commercial  positive law, leading to the introduction of the Roman legal system.

 

2.    The costs of administration would be a fraction of the corporate court system, having no need of experts of legislation to give advice or representation, no extraction of corporate profits, or fees, as no legal fiction or construct is valid or recognised substantively in reality.

 

3.    The cost of administration would be paid by the tort-feasor (feasor- doer, maker) – one who committed or is culpable for a tort (wrongful act), so the party found at fault of a tort; or if the retorter was exonerated of any wrong doing, the complainer would pay the costs of administration known as the ‘wite’ as determined by the peers (jury), otherwise the cost would be taken from donations given to the witena-gemot from souls of the community; ‘Wite’ means responsibility for a crime (defined as origin - cries of distress), fault, or misfortune; blame. This cost would be increased if the retorter had refused the writ and a Rex was employed to present them before the witena-gemot, even if they were exonerated, that portion of the wite, being the full costs of the Rex, would be their burden.

 

4.    If the complainer was justified in the writ, but for any reason relief was denied them, or the retorter was proven not the guilty party, but the encroachment was clearly committed by another, the community would stand the cost, through donations free of any compulsion to champion the causes of the weak. Recovering costs if at a later date the guilty party was discovered.

 

5.    The volunteer peers (jury) are not paid; they act in support of their community, support of the axioms of the land and to champion the causes of the weak.

 

6.    Those acting as administrators, clerks, Rex’s, stenographer, witena-gemot investigators and peace keeper, should charge only for the time they expend on that case, and at a rate based on community consensus, established through arbitration; without fiat money, interest bearing loans and usury markets, a set rate would have no pressures to vary. And again the cost of running the witena-gemot that fell short of the wite would rely on donations from the members of the community.

 

The Bind (Bindan- to tie up with bonds) of Surety

 

7.    A surety bind (bindan- to tie up with bonds) is a reciprocal written agreement between a living soul and another living soul, freely entered into, for each to stand surety for the other. You cannot enter a written agreement with a legal fiction, an incorporeal entity or legal instrument of a collective, only individually with other living souls.

 

8.    The surety bind (bindan- to tie up with bonds) reciprocal agreement is an agreement of deep personal trust one soul holds for the other, there is no greater declaration of individual trust than to commit all your resources in protection of another soul, within binding agreement, to take upon yourself the burdens and hardships that are inflicted upon the other, as if they had been inflicted upon you directly, and vice-versa. In effect the agreement gives protection to the individual and the community, as it makes hardships through life shared, if one is in need, the other supplies that need, and vice-versa, reciprocation is the basis of agreement.

 

9.    Within the model of a surety bind (bindan- to tie up with bonds), is even-handedness, balance and just action, these being the basis of individual reliance, therefore over time, if possible, the substance granted to a bound party who needed the aid of their surety bound-soul (to tie up anima with bonds), is to return that substance given in aid in full, as it is not an unconditional gift but an interest free loan; the cancelation of an outstanding obligation is at the discretion of the granting bound-soul (to tie up anima with bonds) but to abandon a surety in need would be looked upon by others as an action worth scrutiny.

 

10.Another advantage of the surety bind (bindan- to tie up with bonds) system is in trustworthiness, as the more bound-souls (to tie up anima with bonds) you have in agreement the more living souls within the community have demonstrated practically their complete confidence in you, and you them. This incredible bind, forged through the surety, is practical proof of the assurance another has in the character, integrity, honesty, and loyalty, of the other, demonstrated through their altruistic support within surety bind agreement.

 

11. This confidence is transferable within the interactions of the community. If I wish to make agreement in trade with another living soul I would require their bind of surety, this is a practical way to establish the trustworthiness of the other before committing to any risk.

 

12.A soul with 2 bound-souls is not in the same standing as a soul with 6 bound-souls, and in turn they are not in the same standing as a soul with 23 bound-souls, which is the maximum surety; 23 in your surety has the same theoretical value as if all the community stood in your support, of course you are still only in agreement with the 23 bound-souls. In the ancient surety system no one would think of making agreement with a soul who had no bind of surety, in any agreement that required individual reliance. The removal of the surety has allowed the creation of contracts which have no equitable structure as they apply only between corporations, this allows souls to hide within the legal fiction of corporation to attempt to contract with those around them, both inequitably and with deceit, holding imposed monopolies, privilege and limited liability for their actions through imposed positive law systems, negating the reciprocal nature of substantive agreements.

 

13. The surety is integral to natural equity, the prescriptive axioms of relief and recourse is substantive, this means you apply practical relief for the victim of a tort (wrongful act), and in turn this provides protection to all the souls of the community.

 

14.If a retorter is found guilty of committing a tort and the peers (jury) establishes relief, but the retorter has not the means to satisfy the substance required for the relief from their own resources, then the burden would fall to the members of their bind of surety.

 

15. If the relief cannot be satisfied by the resources of the bound sureties that are held, then the sureties of the bound-souls themselves must satisfy the substance of the relief.

 

16.As the bind of surety reciprocal agreement is between one living soul and another, every soul’s bound sureties would be unique, for example I may hold reciprocal agreement with you, John, Peter, David and Barbara, and you may hold surety with me, Arthur, Harold and Fred, so we are bound-souls, but we share no other bound-souls in common.

 

17.This means if I fail to satisfy the substance of relief, and you also fail to satisfy your portion of the burden of the substance divided equally between the sureties held by me, then your surety bound-souls would stand your short fall of your burden.

 

18. The bind of surety also functions within the allodial labour repository system.(See: Anarchic Labour Trading)

 

Part Five: Tort - Duty of Care - Outcast

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