Written by Abdun Nur
Wite and Surety Bound-Souls
A witena-gemot of inherent power establishing relief through the application of the axioms demanded through a reciprocal duty of care, 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 disputes to arbitrate a year, only four disputes per region (around 15 regions existed before the conquest, with a population size difficult to determine, but likely around 10 million) 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 the institution of the Jewish commercial positive (slave) law designed to establish and protect usury based monopolies, quickly leading to the introduction of the Roman Catholic legal system.
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.
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 the cost of responsibility for a wrong (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.
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.
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.
Those acting as Aldormonn, or as Rex’s, stenographer, expert witnesses etc. should charge only for the time they expend on that case, and at a rate based considered reasonable, if this rate is disputed (over charging) by the Aldormonn then it could be considered by the larger community. Without fiat money, interest bearing loans and usury markets, a set rate would have no pressures to vary once established. And again the cost of running the witena-gemot that fell short of the wite would rely on donations from the bondsmen of the community.
The Bind (Bindan- to tie up with bonds) of Surety
A binding surety (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.
The binding surety (bindan- to tie up with bonds) reciprocal agreement is an agreement of deep trust that 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 reciprocal 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 all true agreement.
Within the model of a binding surety (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, or freely given acts; the cancellation of an outstanding obligation is at the discretion of the granting bound-soul but to abandon a surety in need would be looked upon by others as an action worth scrutiny, and would break the bonds which would invoke the stipulated relief within the written bond.
Another advantage of the binding surety system is in trustworthiness, as the more reciprocally bound-souls you have in bilateral 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.
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 to know their bind of surety, in other words how many souls have joined themselves reciprocally to you in bilateral agreement, this is a practical way to establish the trustworthiness of the other before committing to any risk.
A soul with 2 surety bound-souls is not in the same standing as a soul with 6 surety 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 an element of reliance. The removal of the surety has allowed the creation of contract, which has no equitable structure, as contract is a legal form of usury, trade is a reciprocal exchange of the traders labours, usury is a one sided extraction of the labours of another, similarly a contract is a one sided agreement it is not reciprocal, and so cannot exist between living souls, so must always exist exclusively between constructed legal fictions such as 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 (slave) law systems, negating the reciprocal nature of substantive agreements.
The surety is integral to relief and recourse in arbitration also, this means if a wrongdoer cannot provide practical relief for the victim of a tort (wrongful act) as determined by the jury of proven reasoning souls, the burden falls to their surety, who are bound to honour their obligations, in this way the surety provides protection to all the souls of the community.
In other words, 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.
If the relief cannot be satisfied by the resources of the bound sureties that are held, then the concurrent extraneous sureties held by those surety bondsmen must satisfy the substance of the relief, and if they cannot satisfy the demand easily, then their concurrent extraneous sureties must be called upon, and so on, as the burden spreads outward through the community.
As the bind of surety reciprocal bilateral agreement is between one living soul and another, every soul’s bound sureties would be unique, for example I may hold reciprocal surety bilateral agreement with you, John, Peter, David and Barbara, and you may hold surety with me, Arthur, Harold, Peter and Fred, so we are bound-souls, but we share only one other bondsmen in common Peter in the example.
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 the burden you are bound to honour.
The bind of surety also functions within the advancing medium of exchange and the bonding models.