“Security, Bond. Security. I a: Something (as a mortgage or collateral) that is provided to make certain the fulfillment of an obligation. Example: used his property as security for a loan. lb: \"surety.\" 2: Evidence of indebtedness, ownership, or the right to ownership. - Ibid. Bond. I a: A usually formal written agreement by which a person undertakes to perform a certain act (as fulfill the obligations of a contract) . . with the conditioh that failure to perform or abstain will obligate the person ... to pay a sum of money or will result in the forfeiture of money put up by the person or surety. lb: One who acts as a surety. 2: An interest-bearing document giving evidence of a debt issued by a government body or corporation that is sometimes secured by a lien on property and is often designed to take care of a particular financial need. Ibid.” Merriam-Webster Dictiona of Law, 1996. “Surety. The person who has pledged him or herself to pay back money or perform a certain action if the principal to a contract fails, as collateral, and as part of the original contract.” Duhaime's Law Dictiona “l: a formal engagement (as a pledge) given for the fulfillment of an undertaking. 2: one who promises to answer for the debt or default of another. Under the Uniform Commercial Code, however, a surety includes a guarantor, and the two terms are generally interchangeable.” Merriam Webster's Dictionar of Law, 1996. “Guarantor. A person who pledges collateral for the contract of another, but separately, as part of an independent contract with the obligee of the original contract.” Duhaime’s Law Dictionary. It is not difficult to see that a state-created birth certificate with an all-caps name is a document evidencing debt the moment it is issued. Once a state has registered a birth document with the U.S. Department of Commerce, the Department notifies the Treasury Department, who takes out a loan from the Federal Reserve. The Treasury uses the loan to purchase a bond (the Fed holds a “purchase money security interest” in the bond—see Glossary) from the Department of Commerce, who invests the sale proceeds in the stock or bond market. The Treasury Department then issues Treasury securities in the form of Treasury Bonds, Notes, and Bills using the bonds as surety for the new securities.” This cycle is based on the future tax revenues of the legal person whose name appears on the birth certificate. This also means that the bankrupt, corporate U.S. can guarantee to the purchasers of their securities the lifetime labor and tax revenues of every “citizen of the United States”/American with a birth certificate as collateral for payment. This device is initiated simply by converting the lawful, true name of the newborn into a legal, juristic name of a person. Dubuque rei potissinia part prineipium est. — The principal part of everything is in the beginning. (“Well begun is half done.”) Legally, you are considered a slave or indentured servant to the various federal, state and local governments via your STATE-issued, STATE-created birth certificate in the name of your all-caps person. Birth certificates are issued so that the issuer can claim “exclusive” title to the legal person created thereby. This is further compounded when one voluntarily obtains a drivers license or a Social Security Account Number. The state even owns your personal and private life through your STATE-issued marriage license/certificate issued in the all-caps names. You have no rights in birth, marriage, or even death. The state holds title to all legal persons the state creates via birth certificates until the rightful owner, the holder in due course of the instrument, i.e. you, reclaims/redeems it. 358 Page 17 of 19 A Memorandum of Law on the Name
The main problem is that mothers/parents and then the 18-year-old man/woman have voluntarily agreed to this contrived system of plunder by remaining silent; comprising legal default, laches , and failing to assert our absolute rights4. The maxim of law becomes crucially operative: “He who fails to assert his rights has none.” The legal rules and codes enforce themselves. There is no court hearing to determine if those rules are correct. Their \"law\" is self-regulating and self-supporting. Once set into motion, their \"laws\" automatically come into effect provided the legal process has been followed. The Various Bankruptcies The legal person known as the UNITED STATES is bankrupt and holds no lawfiil Constitutionally mandated silver or gold—coin or bullion—with which to back any currency. All privately held and federally held gold coins and bullion in America was seized via Executive Order of April 5, 1933 and paid to the creditor, the private Federal Reserve under the terms of the bankruptcy. Congress—still convening strictly under Executive Order authority—confirmed the bankruptcy through the Joint Resolution to Suspend The Gold Standard And Abrogate The Gold Clause, June 5, 1933 in House Joint Resolution (HJR) 192, June5,1933, 73\"Congress, 1st Session, PublicLaw73- 10. This 1933 public law states, in part: \"...every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment ingold or a particular kind of coin or currency, or inan amount in money of the United States measured thereby, is declared to be against public policy.\" The corporate U.S. declared bankruptcy a second time, whereby the Secretary of Treasury was appointed \"Receiver\" for the bankrupt U.S. in Reorganization Plan No. 26, Title 5 USC 903, Public Law 94-564, Legislative History, page 5967. Since 1933, the only “assets” used by the UNITED STATES to “pay its debt” to the Fed have been the blood, sweat, and tears of every American unfortunate to be saddled with a birth certificate and a Social Security Account Number (the U.S. Government must conceal this fact from the American people at all costs). Their future labor and tax revenues have been “legally” pledged via the newall- caps, juristic-person names appearing on the birth certificates, i.e. the securities used as collateral for loans of credit (belief/air) to pay daily operational costs, re-organization expenses in bankruptcy, insurance policy premiums required to float the bankrupt government, and interest on the ever- increasing, wholly fraudulent, debt. All Caps Legal Person v. The Lawful Being Just who or what is the all caps person, i.e. “JOHN PAUL JONES,” “JOHN P JONES,” or some other all-capital-letter comiption thereof? It is the entity the government created to take the placeof the real being, i.e. John Paul Jones. The lawful Christian name of birthright has been replaced with a legal corporate name of deceit and fraud. If the lawfiil Christian name answers when the legal person is addressed, the two are recognized as being one and the same. However, if the lawful being distinguishes himself/herself as another party than the legal person, the two are separated. \" Laches: Unreasonable delay or negligence in pursuing a right or claim — almost always an equitable one — in a way that prejudices the party against whom relief is sought. Black’s 7*. 4 See absolute rights in Glossa . A Memorandum of Law on the Name Page 18 of 19 359
A result of the federal bankruptcy was the creation of the “UNITED STATES,” which was made a part of the legal reorganization. The name of each STATE was also converted to its respective, all- caps legal person, e.g. STATE OF DELAWARE. These new legal persons were then used to create more legal persons, such as corporations, with all-capital letters names, as well, Once this was accomplished, the con really began to pick up speed. All areas of government and all alleged “courts of law,” are de facto, “color of law and right” institutions. The “CIRCUIT COURT OF WAYNE COUNTY” and the “U.S. DISTRICT COURT” can only recognize and deal with other legal persons. This is why your lawful name is never entered in their records, The all-caps legal person is used instead. Jurisdiction in such sham couns covers only other artificial persons. The proper jurisdiction for a lawful being is a Constitutionally sanctioned, common-law-venue court. Unfortunately, such jurisdiction was “shelved” in 1938 and is no longer available; the only courts today are statutory courts. Page 19 of 19 A Memorandum of Law on the Name
NOTE” The Shetar’s Effect on English Law—A Law of the Jews Becomes the Law of the Land The rational study of law is still to a large extent the study of history. Holmes, ñe Path of ihz Law.' English law, like the English language, is an amalgam of diverse cultural in9nences. Th e Iegal systea may fairly t›c seen as a composite a/ discrete clc- ments from disparate sources. Aficr the conquest of 1066, the Normans im- posed on the English an- efficiently organized social system that crowded out many Anglo-Saxon traditions.2 The Jews, whom the Normans brought io England,' in their turn contributed to the changing English society. The Jews brought a refined system of commercial law: their own form of commerce and a system of rules to facilitate and govern it. These rules made their way into the developing structure of English law. Several elements o( historical Jewish legal practice have been integrated into the English legal system.• Notable among these is the written credit agree- ment shetar, or starr, as it appears in English documents. The basis of the shctar, nr “Jewish Gage,” was a lien on all property (including reatty)^ that has been traced as a source of the modern mprtgage.° Underh wish law, theshetar 1. l0 H»v. L. ReV. J57. 469 (l 89T). x I G.th. Tasvecvan, Hirroav or fxozen lJ2-4s ti9S3l. J. I F. Potcocx & F.W. MarrmnD. Tue HisTeRY Ot'- KHOt.tSH Law Beroae site Time or Err- w«zp l dd8 ‹reissued 2d ed. 196a). There ii come dispute whether the Jews arrived by W iUiam the Coqquctor's iavit•tioa of zaer•ly witk kbs psra›issioa. 4 S. B‹aom. A Socixr ono REcfcipus H‹szoxv of Acquittaocc. «ad Reprcscatatioa by Atiorocy). (l9Jll. The auihor irace• the two-iesuuocni (debipacnn•dliryeclelaasen) mUonrdtegragtheatiodioncotrrinigei.nJacswaixdhemviocneetyo avoid est akhtn, a Jewinb principle ltnden were forbiddte to extct • rim the future failure of the debtor’s oblig$lioff. in duo datt. Id at US. The eatire written obligation (sbtizr) married in the hands of a third the duration of the de6i. la •t i9z. The document proved thct tbc debt existed and clarified the 2 C. Heazo . Tire ivforn lusrrruripns or Jr ter i (.z'f 7 ] -92 {2d e‹ 1967) (chapter or myctbtn). R•bino•'itx ñttds in Lbesc czsd oLbcr eczty /ewisb devices for avoiding xsotakhta bolh tbe structural and substantive roots of the Eo$liih morigige and the later developed eqoitebic right oF redemption. J. F. LrncacH, Compare ihe historical period 1179
I i80 Txe GEOROETOwH Ww 5oVRNAL (Vol.71:M79 permitted a creditor to proceed against all the goods and land of ihc defaulting debtor.' Both “movable and immovable” property wert subject to distraint.• In contrast, the obligation of knight service under Anglo-Norman law barred a land transfer that would have imposed a new ienant (and therefore a different knight owing service) upon the lord.° The dominance of personal feu- dal loyalties equally forbade the attachment of land in satisfaction of a debt: only the debtor’s chattels could be seized.'° These rules kept feudal obligations intact, assuring that the lord would continue to be served by his own knigbts. When incorporated into English practice, the notion from Jewish law that debts could be recovered against a loan secured by \"aU property, movable arid immovs ble” was a weappn of socio-economic change that tore tbe fabric of feudal society and established the power of liquid wealth in place of land holding.! The CruSadcs of the nuns nttiry opened an era of cbangc in feudal Eng- land. To obtsin fuods from tgOU§fI tbc /cws, as aliens, Jews, nobles offered their land aS collatcrap l l2 Al- could oot hold land ia security interests of substantial money hold At * **>* rms. the st rengtii of the feudal system’s inherent resistance to this widespread innovation abated. By 1250, scutagc\" had completely ie- placed feudal services: tenant obligations had been reduced to money pay- »r jJsco he mcy redeem at 2$3. Ice @nr text zecorupnnying note 33-47 (ducribing sheiar in !• ! ical 4fcoospnnyiff § note 35 (extent of liea impomd by sbelur}. 9. T.F. Bceoix & P-G. HASKELL, PREFACE TO ESTATES IN Wjuo ago Fuzune Load t£DuN central to s<mial O@ASizat1oo witkizt tbe Fcudcl systczo• rod doties tion•f 1a•d tiquidc• l•nd to ’* ’^^ • EowAxo Pt•<NYxoe++eT. Tue EwoLjsrt Jusnw›‹n 40-4t (1923j. I3. Sec F. Ltncocn. lands. bu‹ no‹ Bud ray ExcnequcR OF 1-t4E JGws lx• bazred frora swccrklg Cbñs- ante 3, at A69 (alien io English low for mdit r riot a pay ocot by rbe leoxot io teu or miIit«zy service. D. Law I t2l (1960}. let /zp\"za oote ig.
t983] OR SHRTARIN ENGMSH LAW 1181 ments.'° And as the identity of the principals in the land lord-tenant relationship became ltss critical, a change in the feudal nites restricting aliens- bility of interests in land became possible. One catalyst for this change may bavc been the litigation surrounding debt obligations to Jews secured by debtoti’ property. The Jews in Norman Eng- land had a specified legal status. They alone cnuld lend money at interest.' • Tkcy were owned by the ICiag, aad tbcir property was his property.’^ Thu Kmianrgilsyuaffsearesdotuhrecneporfelsieqnuciedocnap7it•a• l•.^ng as they served his interests•'—pri- BflGBusc mon•7 ending by Christians was infrequent, English law had not established its own forms of secuñty.^ The Jews operated within the frame- work of their own legal practioe,2^ which was based on Talmudic law devel- oped over centuries of study. But the peculiar status of the Jews as the Crown’s dc facto investment bankon encouraged the King to direct his courts to enforce tho credit agreements made by Sens under their alien practim. This nourished the growth of Jewish law in a way tbat blurred the absolutes of feudal land tenure.•• Previously inalienable rights in land gave way to eco- nomic nemssities, and the English ultimately adopted the Jewish practices.'° This note examines a moment of contact between two peoples, when neces- sity, proximity, and social upheaval prompted a cultural exchange between the Jewish merchants and moneylenders and those they served. The note de- scribes the effect on English law brought about by tho King’s Jews as they 1& lq feudal 16nd tjolding, rbc teocat's poacssory rigbt in l¥zid wcs limited to usu£rucL as granted by the King, wbo retained absolute dominion over the lend. The dcnotalion of the tenant's interest ns /ee (or/@,/cert', or/ezzotzet} rejected tkc tcacat'a obligclioo to ren4cr service la thc sovctaign en roturn vhcrcdy bis teocnis-in•cbicfssat Taoocy ia licu of Lkcmsclvea or tlscir kni$bts. /d al 266. The scutagc fees oaabled tbe l'Ciztg to eaploy pro/”ecsioact troops aad penoittcd tbe geotleraea to reroain at home. I4 za• Lily ina‹ 252•52 (sectioa oa k»i$kt*s s<zvi<•). By tA• rc‹ga or Ed•'ard I in l27I, botb dc Quibusdafri Slctutis per arc to Be Rigorously Otmerved. The ThirtyJeventh Yesr of King Henry) Hzary tII ordaining ’2t]h•t no few reasnin in England unless he do the king jed rn J.M. Rion, notn l3, 21 I G.M. Teevmrzu, azpiz aok 2. at 25O•§ 1. 24. Ice JR. Rice, nj ra note 13, at xiz (Jr mâdt locn nmngcmcnts according to trsdiiional lnw «r
c»cutcd and registered debt instruments, assigned and enforced ths underh- ing obhgations, and generally survived by znoneylending, the only profitable occupation open to tb•o. 2’ II Orst reviews tbe Jewi sh credit agreement and IU function in Anglo-Norman feudal society. It then stlggcsts a rational explana- tion for a deve lopmcnt in medieval English law heretofore perceived only as an anomaly: tbat the early writs of debt, which were for recovery of money, used terminology more appropriate to an nction for recovery of land. This confusion DOw aJjQearS tO ICC 0t0rfll)f Ibn lingu@tic expression in tbe law due to the develop tent of an action to recover alternative relief: repayment of money lent or award of coUateralizcct land. Finally, the note focuses on the incorporation of Jewish law into English practice thrpugh a series of thirteentJi century cases involving the £6me Jewish litigant. Jewish debt procedure had by then Rcome pan of everyday business in England. Even as the Jews began to be excluded from uioaeylending, tbeif procedures were adopted into the general English law governing dc bt registra- tion and collection. In 1275, the 5tatutc “De Judeismo”” forbade the /cws' usurious practices. 2' In l2g5, the Statute of Metcbants^° formalized creditor remedies that parallelcd the provisions of the Jewish shetar.^' In 1290, the Jews were expelled,°' but their credit practices remained. II. JE i5H CREDIT AG REEMEHTS IR F sU DA c ENOLAD D x TH5 8HETAR1H2kW!SHLSW The law of the sbciar, developed and elaborated by 500 A.D. in the Babylo- nian Talmud, antedatrs the Norman Conquest by six centuries.°° Historically, the “sbetar hov” (or generally just “shetar”) was an instrument thal established fomial obligation, either in contract or in debt.°* At the moment that a dcbtor acknowledged his indebtedness through a shetar, a general lien was estab- lished, encumbering off the debtor’s property as security for ultimate rcpay- ttient.\" In case of default, tbc creditor could proceed not oaly against movable cited a'itb rcspen) pcnaitted Jcws tct kad Gentiles rooaey •i iotcrcst ‘ us< ao aiercc ]were) open to fen,tod ihe leading of money {wen) the oisly osearls D.U. SrtoHET, THc JEansn Court tel axe K4rooce Aoxs afi-s0 (t93I). 28. I STcTtrmS oF cxc RwLkj 22I (Loedoo I4t0 & pboto. rcprint 1963). Tbis statue, wbic.k ie 29. Are Les Esrstutz d* I• Jeuerie {Tkc SLgtutcs of /ewry) §t StxzzzrEs or we R.serf 221, 22l (providing t6•i henceforth •o low lend at ui ry upon fund, rent. or other rhino; tbct irrtertit accruing cftor pfesious Feast of SP. Eda'ard oot be co}]ectJb)e; that dehts to Iowa secured by cbctt<b be psid by Eaitir or be forfeited; •nd thst the King will no loader enforn Use Jews’ usurioui oonir•cu, puaisb lbc leader). 20. 5tnt t of Mercbnou. Inf â, l3 Eds.. 8tnt. 3. *+- G. Horowitz. Txc Se‹aTT or Jewisn Ww t6 (t9S3). 39. *'*' Tbe 9dcLsr imposed a Ijca oa ¥11 Lkc rc«l property Uist tke debtor owacd
end immovable pF0pc° 7 held by tfte debtor, but ako against encumbered land th8t Ih‹ debtor had transferred to a third party.’^ The debt all ached to ldc land, and the creditor's lien had priority over subsequent alienations.'* Because of the severe obligations imposed by the shetar, the contents of the instrument followed a standard form designed to ensure authenticity arid pre- cision. Each shetar recited standard clauses of obligation, the creditor’s right to customary modes of execution, and a final phrase staring that the document was not merely a fortn but a statement of an express contract.°• Inserted into the form language were the names of the parties, the sum and the currency of the debt, and the date of the o bligalion, thereby indicatmg the creation of the lien.°• To prevent fraud, the document was signed by two witnesses who knew trio parties.•° A nalion of wanderers, in adapting to a variety of cultures, determined that the language in which the sbetar was written should be irrelevant to its legal validity.*' Thus, in dealings with a surrounding Gentile populace. lcws were content that loan agreements be formalized in Latin or in the Norman French of early England.*° Cicncrally, the Jewish parties and witnesses would attest in izts‹rumcnt's fomia‹ion, regardless of wbetbcr Lkc Pico wss expressly wTit\\en into ‹he she tar. Jewish law origirinily did sot tltneb debt 0b!ig4tfi00 to cbaltcls. Duztzt$ tbe crnoraic period. Jewish lav < sten del tba G*n+ocbgmo*ablepTopcdy debtor If speci6ca1ly noted izt tbe shctar. But therabbinic cciurts wooed net <nforos a bert againx =••^*!^ P P•^7 Bt bad been sold by the debtoi to a third yxny. /u' J6. id' ad i 86. During tbe •fter-acquired property. 1. Wsntow negro nolc 4, at Z 4. si0n izopasing c licn on tbc 17. Eloc, Z•/ r, izt PB.›wcrrLes or JewtsH Ww 2¥6 {ii. Eton cd. I9yS). J4. Fuss, mp z oo‹c 34, at t64-61; O. Hoxowrrz, wpnz note 33, at *i09• I I, 39. G. floxOwrrz, w/ v ao‹c J3, at Sl j. 40. i'd zt 5 11. la eeslrest to the documentary procedure of the wriittrt shelar, crt dil agreements also eratly under Jca'i¥b fcw. Milv<b bc•aI psb tcrafly “loan by mouth” w•s djstizt- gvbhcd zailmb bi shctar—“to•a by writing.\" Sbilok, ZxHznz, in PEtlvcieLes or JEw›sH Law 262 (M. Eton cd. 197fi). The arch creditor. bow rer, bed oo rigbt to levy on the dcbtor's aliennt<d end cnmrabcrsd ptopeny to obtsia sctisftctioo of tlza debL led 4L I C. HExzoo, Tne MAIIv !f+ST£TtFT1ONS Ofi /GWsH Ww 152 (2d cd, 196a), 4ict witb Jca'isk laws governing sPecific rcli6i0us obligatioas' 6/zto dr•Wo/1Z•zo linu.1 6 Erzcvcco- tsmn 4uoaica $ t, SJ (l9J2\\ Reipe fer the role of the Gemma sovereign raixed the problem of Tbe decrees of tbe kJog am Icw la c3i but £be oaLioaal law ig aot our law. Aroong all nations t6cre crc certain raadczocataJ zigbjs aad privileges s'bjcb belong la the sovereign. IV ithin this aco .tAcomno nods oft6okio$ mnstc . Bu( Udw does aot 6ofd tnie oF the jud6rn•nts rm- dcred iii their ceuru. For the lzws which the earn spply are aol tbe essence ef royalty. They •ra basad oo tkc pr<cedeals to ba rouad ia. Lbeir wxitiags. You c•aztot dispute ‹his dis\\inction, for otberwise you would aJzauL God forbi<L laze laws of lbs /cws. O. I-tohowFTZ. •§are, at 79-g0‹quoting Rxsbb¥, &cbbl SoloTooo ibn Adrct oFBercc\\ctna (17fi$-ffit0)). Jewisb courts would oa/orcs cxtetact ci It lcws aad foztaabtics, ' a‹ 8o, bu‹ did oot permit scch civil law to e«nctioa bebcYior otkarnlss Forbidden to Jews. /d Tbuc. a transection eaForcsabte in Gcatilc coom right iiili be invalidatea (u tpptied tn Jewi) 6y a Jewish tribunal. ff st io.8t. OPRmoqeJEw#QtD.Dai cé& Lsiin); S?xcxs ‹no Jew›sx Cx•xYxss eds. & trxes. l930•42) Stokes A H.
184 (YoL71:1179 Hebrew and the Christians in French or Latin.•° Although neitbcr party may have undentood the other’s language, the document had tbc full force of law in both communities.• The crucial limitation on debt collection under Jewish law was that a credi- tor had a lien against the debtor’s land, but not against the debtor’s person.•* Personal freedom was not to be diminished by a debt obligation, and a creditor could not enslave one wbo was unable to repay him.•• The origin of this prac- tice was the Biblical protection of the dignity of debtors, as embodied in the injunction not to enter the debtor’s home to receive a pledge, but rather to wait outside for the debtor to bring it out.•* This war the structure of the taw of obligation that the Jews brought with them to Engtand. Unique among its feudal neighbors, the Norman Duchy was governed as a centralized unit, with no baron strong enough to challenge the Duke's author- ity.*^ Although the Norman Duke owed fealty to the King of France, that King lac)tcd effective power over his vassals, wbo independently governed tbeir own territories.•* In Norm•• d7 *• wever, fCUdalisoi was strictly territo- rial: a 7 ramid of land tenure embodied a system of military obligations as- cending from knight through barori to Duke, from whom all land and authority derived.°° On the continent, and later in England, William the Con- queror set out to maintain and strengthen this Norman system of centralized governance.° ' With the Conquest, the Holmans introduced to England a well- organized central authority.°° The early governance of conquered England concentrated power in the King. Afi William the Conqueror imposed tfic rigorous order of the feudat 43. See, eg'.. J,M. R\\oo, w/trzz oote \\3, ct xix (Hebrew creditor sigaed izt Hebrcsr}; /zz' st 46 (reo,rd of Exchequer docuzocotiog sb<rar a'ritfco io Hcbr•a' adL!z Lxlta duplicate). In Engl•ztd Lhe terms of t6e 4 g ’!*6•tf tOOk the J ewisb fofm Of the foresee: 'Trend the beginning of the world\" to fire present. J. NfNOSV ro oDlC J63M9. . Both leash ••d En5luh ix›urli recognized the fofxn of n sbelar offered •i evidence of a debt 8 M- H too, mpro oote 13, at xix-xx. Rigg describes the e1ai>ortle mcardin$ •nd wiuiessing prm;edurn, including both Jewish rind G miLlc participants, deigned to avoid fr•udu1znl documents. fA The itin§'s churn enforced a duly enrolled sheur. Jr rare test sccouap•nyiog notes 152-41 (discuuin$ mechanism by which Exchequer enForced debt o61i§aiioos). The courti within ibe Jz with community raulinel/ c•f rcnd s6cinri. 46. /d at 634. J<e o/uo M. BLON, RBs tnrrs Or Jute PzRsoiv w a fdBcns in ”rriz Coccccfton or DesTs rn Jewish Law ( 196 l) (precii of doctoral disieri•tion} (Jewish ircdilinn hnd no pcmoonl ioiprii- oooseat for debL ressooing Lhat if a debtor's 6oaic could oot be cotercd, eveo less could Lbe debtor be tnkeni in tfin l3tb century, Jewisd dcbcte sad approve ia\\prisoazacat For evasive dcbtom, but OM r lor •ssurtag brrad aod wcler sufiimaat to 9ustaia IIfc 47.dmcrwnesy14:lAI1(opuwrvcBbbdadi#sDy 50. la' at 143.
1983] I t85 y system, he avoided the system's tendency toward decentralization and disinte- gration that had sapped thu power of tbe French kings.^3 He limited the poW€fi of his tenants-in-chief by granting cach of them landholdings scattered over - the realm, instead of large, contiguous tracts.^• He governed the counties * through sheriffs who depended on him for their power. ° He maintained a r national militia, thcreby shunning total reliance on the loyalty of his tcnants- in- - chief.'^ And he had all significant landholders swear an oath of primary allegiance e to him.\" This concentration of power in the monarch grew during the t successive reigns of a series of strong kings who increasingly assumed more power—military, legislative. and judicial—over the nation.'• C. TBEJRTv9UNDRRTHRxORM NKiNOS Outsiders in feudal society, both Anglo-Norman and continental, the Jews a were not part of the network of land-based obligations. They could not own - lan‹:L On the Continent, they were owned as chattels by the local lords, who t protected the Jews’ possessions on the undentanding that what a Jew owned. d he held for the ulttmatn use of his lord.'* The Jews in Norman England, how- ever, were within the exclusive domain of the King’s personal control, living at his suffcrance and according to his wishes.•° d The first settlement of Jews in England came in tho wake of William the - Conqueror.°' William determined that he should be the sole owner of Jews in d England. Others could own Jews only with the King’s permission as expressed - by royal grant.*Z The Pages E rdz Can/erson’s, a twclfth-century compila- tion and translation into Latin of laws attributed to Edward the Confessor,'° e t f s6. 7z ii 46. e 57. /d ct 64. . duo of the Horman rind Angevin Kiags from the Conquers to the cz piilsin• e Wiltism II 1087- t list $ Henry I I IU-1135 y He•ry II 1154-1189 Ricbard I 1189-I 199 r Soda 1199-l2I6 - Henzy III 1216-1272 Edwnrd I I2?2-l3o7 r J9. '. L1IvcoL+I, us$ nz aote 13, •t B-9. Aa \"Admlatsfrator of Llze Realn¥.\" tbe oontizsentaJ King h•d inizniitiaJ power in tire wear wlero no vasscl could subetaniicie z rival claim: upon ihis theory, ihe King had auerizd ipecicl authority over widow end orphans, •liens. Jews. lunatic etc E. JRHKS, tc lz, at 90-91. Lincnrt4, o more l3, ct IO. 6l. H.G. RtclJxxzisow. oota 11, at l. liw8 ef Edw•rd Use Con 4or note $, at 103. Potleck and Maitland believe ihst the
statute that, if not that at{ctent, adeqUately describes the Nprman Be it known that all Jews wheresoever they may be in this realm ate of right under the tutelage and protection of the King. nor is it lawfuJ for any of them to subject himself to any person of wealth without the King's licence. Jews and all their chattels are the King’s propcriy and if anyone withhold their money from them let the King recover it bis owo. As chattels of the Kiah, the Jews retained their own property at his pleasure. In the lhirtflcnth centUry, HCO )f dC B racton wrote: {a] Jew cannot have anything of his own, because whatever he ac- quires, he acquires not for hims•1r but for the king, because they do not live for tbemselves but for others, and so they acquire for others and not for themselves.*• They lived Wbcrc tbe King permitted, and when they died, their property vested in * 8-“ B *ausc the ecclesiastical courts could proceed only Against Christians,** the Jews operated free of the Church's usury prohibit jpn$. The civil authorities openly permitted the l cvrs to lend money at interest and enforced their credit contracts, both for principal and interest.°• As the Jews proSQCfied the King did too, extractin g from them the fruits of their monopoly Because it was worthwhile to protect 5ewi5h subjects for their potential money value. successive snvercigns clarified the status of Jews. Charters of Henry I and Henry II*° granted individual Jews rights to reside in England, to btty and seU goods, and to possess all lands, fiefs, purchases, and pledges coai- &4. F. LI HCOCi9, Myers note l3, st I0•, 79-, I F- Poccocx a F.W. Lke zocdioval lcgcl historian. *'! (T. TwisS ed. A trap 18g3). theory all properly of ltte deceased yew tp. 67. H.G. Ricii•aosoi•, aprs note i t. ai i42. 68. 0*t cooJsonly called Glaovilt) Booy VII, cb. t6, at {Tbc Course of • •^gagc. aa 69. O.Id. Tecvwv‹ri. wpm aotc 3. ct 2S0-z$ j. Eu*o+c•xxo IJ7-*3*4*^(*l^89^3^). ^*' ^^!Y by •‹•aoe ia other sourc<c 7. Jxcoex. Jews oz' Auoevjw
1983.} {}87 ing into tbeir hands.\" Subject to tstate taxes,'* Jews were permitted to inherit property and loam. give r›aartcr,*° granted in 1190, confirmed tftGS rigbts. John alba-med theearly charters in1201, extending their coverage to all Jews and adding the right to hold ”mortgages.”*• Undcr John’s charter, a Jew was free “quietly to sell his gage where it be certain tiiat he has held it for a full year and z day.’*° The charter further clarified that in suits between Jews and Christians. litigation rights were ex- plicit and, in sopie cases, advantageous to the Jews. The “bare oath” on the Torah of a Jewish defendant suffiocd to rebut a chatge against him by a Chris- tian plaintiff unaccompanied by witnesscx;'^ a Christian .defendant similarly situated might be required to \"wage his lxw” with cpmpurgators.^ A suit against a Jewish defendant was tried by a jury of his “peers.”'• And although a Jewish plaintiff could usn a writ to substitute for a required witness, a Christian plaintiff could not.*• Trials involving Jews and Christians could be held only in the King’s courts,•° while jurisdiction of disputed between Jews remained with the Jewish couM.^' But the Jews had fewer rights in tire isclvn and in their possessions than did 71. 4 S. BxRon, Ju/ua note 3, at 7& Tha rigbt to pgssess lend a'as not equal Lo thc right to hold Freehold estate. abich would hcvo evoked lbs fult rangc of feudal obligations betwcen Io*d and tcnent. 7•c D. WxLxEn, note l7, yt 497 (deboiag I”rcehold). Jcwa wcre trcditic›nxBy excluded ftom rw boia ‹cnur•. C. fi.oz+j. Hirroxv or xc Jews ‹w Extra l07 ti9‹t¿ gr l1.G. Ricn‹xosou. Js‹/sro noie 11. at 64 (7cws held ia in se razcly tbsl ao rulc against the practice alas nccdcd or csiab- yt. dcc m/›ro note 6s ‹describing taxes lc•t•d on j•wi•b •statas). 73. Fors translation of the charter, in 4. Jzcoss, note 70, ct 134-37. 74. W. Pxexw TueJew In zrtz Msoievac Couk‹uwrTv l66-t0 ( l93s). The author sugg<su tkat the Jews succeeded the monastic houses as moneylenders whep the Chutch declnrtd such sciivify by Christ ans to be used-ious. /zt Johann is 75. C•rle Libeftatoot Coacescaruzo «t Coo0mscturttra Jodcis Anglie Anno Rcglti Reg 4 «r y provided: \"{TJht aforesaid leers mey sell tiioir plcd§ei without tremble after ii is certified thnt they ficve heId there a year and a dey. . ” J. Jacoss. note 70. st 136. Gompem tht time pcried ptovidcd Cor in WrirzeuzZS:29 {one Scar must ulary debt. Tbe peaclty eras con5scstjoo of Lba Jov's property aad loss of his nght hand. Louis lbe P›ous later granted chances to certain Jcwc permitting Irca coott•a rights Lor sale end cxchcnge of property. 76. Cbanor o/ ICfng yabo. aotc 7s, pcs 5. ice zz/ro 7.f•4. Rroc, ago note I3. at xii fcons‹m- (Sus ed. J93t). com 7$, L.nw 46 81. Charter of Klng Job l1 In his famous dispute siih Henry II, >8>^°
1t88 Tris Gsoeoerowri Mw Ronni az [Vol. 71:1179 th° least *assal to the kint;. The iiudcrtying reality was that the ie •is vece no more than the embodiment of the King’s accounts receivable. 5ess wore xu b jcct to periodic taUage and tithing when the King required them to tuni over money that was held, ultimately, on his behalfpR2 J]q g preserved the Jews and their investments as representing his own financial future. The royal charters, in cffcci, permitted the Jews usufruct of money•° much as their Christian neighbors were permitted use of the tank. At the King’s pleasure, they should derive a livelihood by lending money gt interest. Because Jews could lend money at interest, they were available to finance excursions to continental Europe and on Crusade.•• In addition to the extraordinary fisca demands of the Crtisadcs, the nobles still owed knight service. Taxpaying be- gan to replace personal service in ihe practice of “scutage\"—money asscssed from landowners in lieu of knight fees.•• Por this too. the Jews’ assets scre liquid, añd available for.a fee. It was convenieot to the realm to have a source of credit. It was further convenient that the prohts from the loan arrangements, forbidden to Chris- tians, be available to the King via his Ices. Apd it was to t)jC King's advan- tagG tO cftforce the contracts of credit made by the 5ens. III- THE JEWISH PRESENCE IH THE D EVELOPING LaW OF COM htERCE The most striking development in English law during the twelfth century was the expansion of tkc coyal courts. U nder Henry II, tbc King’s court as sumed an increasing share of litigation thal previously bad been heard only by local coufts.°° This was dotic ihrough the issuance of royal writs, originally cxecutory commands ip the sheriff, but. with titre, increasingly representing a formal summons initiating action in the royal courts.•* Glanvill’s treatise, writ- ten at the close of the reign of Henry II,•^ is in part a form book of writs instructing the proper method of litigation and procedure. The categories of 8eckct petered to ibe Jews' internal juridical independence cs en argument for a stpnram autnn•ipooi 82. 10 5. Benns, aprs note 3, ai 96-99. The Szlzdin Tithe or i rat. demanded ibu ihe Jews turn over 6ti.W pound, ppe-fourth nf the value ‹xiunny, 4 S. Button, rpm role 1, at 81. 83. Tbc kg fDrb'osc”£yuzo ' *bsa\\uIe tzgbzs io Lbe Jea's’ •aessioaA p'gtozittiztg caatiauCd ios'es£- mem No mccxuc pméW for Mg twlor uir. G.ML T*2vEiT^w,myvs oo‹z L •C ill. 85. I F. Poc x & P.W, MaiTraoo. .nr,rr• note 3, ni 271-84- (I9D9) 87. /d ai W597. 86. Gl•avill's lrccris• is believed to bare beca writtea between Noveaâer 29, ! I &7 •od /uIy €, I L89. n i mo. i F. rocmx s r.w, cam.•»n; noie 3, •i is at Hortbazzsptoo. GMHVtLL, zz zra outc 68,
9 1983] new on‹=t th• precise boundaries of the t{tGp pggj3 j3j2 21d forms Of flCtlOft•' - formative period w8s the wFtt of r Among the writi developed s £|1g writ to co}tect loans Of debt. Initially, litigants mOSt the predominant moneylenders,*° they would of the •«r1y writ. But the Jews wGre not h fortuitous royal innpvation. Taken s to the King, the e ertain pcculiar- o then unique form al i(ics in tJtC wording o/ tbe early contributed in debt. - d so under manifold interests e shctats.°° held for the was lost iKnienngf.o”•r•ciwnghatbt ethsec Jews mcnsc - to the King. Nor were these losses and tbc King’s Exchequer relied - wcaltb through their oioneylcnding pn the Jews as an important SOUICC 0/ tBZ revenues.*' And the King had an even more immediate stake iB the revenues from court costs. When the debtoF sum at issue.•^ Yet, despite the royal shetar were not questions that y When a Jew sought to a(tentative forms of feliCf: s- chatters securing the y y a contract: only a JGwish creditor of the debtor in - s citber eioncy or security, bcca*** secute the debt.°° possession of the land pledgCd t£i f oi” zaoFt d'A¥tunstOF\\ J•ws hcd monop< ly in lending 91, yr l F. PoccocK 3, at 94 ‹couzt rc« during K.ittg under shctar). si.
(Vol. 7t:l T79 It appears likely that, at that time, a Christian litigant asked for on ly a single remedy, either a thing or money. A Christian creditor took and kept QOSS6S- sion of the land until the debt was satisfied.'^ In case of default. therefore, his suit would be for money only.'°' If the .debtor wrongfully put him out of pos- session of the land securing the debt, English practice barred the Christian creditor from bringing an assize of novel disseisin to recover the land: the Eng lish system relegated him lo a suit only ror the underlying debt.'°° Conversely, the debtor regained the possessory rights to his property once the underlying sdueibtt wwoausldsabtiesfliiemdi.teldf tthoe rcerteudrintorofretfhuesepdledtogerdetuprrnoptehretys.e'°c°uArity5,emthlseb debtor’s creditor was apparently the only person in the realm who would seek execution on a significant personal obligatiñn by either transfer of a thing or payment of a sum. A Jewish creditor’s ability to ask two forms of relief gave him more than the obvious advantage over a Christian creditor. Important procedural piivilcgcs inhcrcd in the option of getting real rcticf for a personal obligation. The con- ventional litigant, suing on a personal obligation and seeking otily money, could not get judgment if thG defendant cmd not appear in court.'°• In contrast, any litigant seeking an award of land would be awardcd judgment if the de- fendant had been abseni, without excuse, aner three successive summonses.'°^ Allcr the defendant’s third unexcused absence, the land was “seized into the King’s hand” for fifteen days and then adjudged to the plaintiff.' Conse- quently, only a litigant demanding land was assured complete relief regardless of a defendant’s attempts to wade ihc courl’s power. Oihcr litigants could gain access to defendants’ propeny only through successful attempts to secure defendants’ presence through distraint of chattels and lands.'°* This disparate jusiice dissatisfied Bracton, who proposed that the courts grant relief to claim- ants of personal obligations who were faced with a defaulting defendant by the distraint and award of the defendant’s property.'°• But because this solutioii posscnion of land securing dcb@ 1 F. Poxcoc x A F.W. Mwi on. rp m noie 3, or 469 (fetish mdit arrangement novel anti aticn instiiuiioe to Sn5lisb b<c•w lcwixb creditor did not tske pocscuion ot l*Adsoxñngdcb). IOU. Gvnvcumpro ooie66, B‹ekX,cb. #, a Ttt-t4;2 F. Pottocc&KW.tWalvr*uqm aote 3, at )2O. 4^RsO’I›.GAre Lxnv›cL, wpzo note 66. Book X. ct 7, a l22 (erit fctr su•zz•oaiog debtor to rcdccm I02, lb' Book X. cb. I I, ct l26; › • 2 F. Poccocx & F.w. kt•rrwwo, noie 3, at it i (“th• creditor is really entitled to ... \\dc Ocbz, oot Lbe toad. JI’ he cootcs ioto court ba must coms to Est The assize of oovel ctisscisñs a'as a action for land. Through summary process in ihc KiJsg”s couzL, a frccduJdcr rec<otly uustcd €ztd di6ercot rcpbcs of creditor in court). fd4. Z 6. POL K A F.W. /!•'fAtT Af¥Q,. ztz/tM note 3. if 5P4: ion. Gmovict. mpr note 68, flock 1, ch. 7, at 5-d; 2 F- Poccoex & at 592-93; W illiausx w/vo pots 98, •l 4t0-0i. ocedur• »a•r a or or riphi row 106. {]r^svjmm u oomc 6B. D‹ouk k cR.7,aI 5-6. This was red land. Are Td' Bouk l. ch. 6, at 5 tcxcr•plar of writ ioitiaJag a<tioo}. Tbc produce for novel disse•sin lUR 2F.POLteCEAlFA-h4a]Tr ND.AyrsDON3,mtâ9G95
l I9 I was not generally adopted until t g32, °• a Jewish creditor's avenues of °*- edJevaJ England, enabling him to pursuc his did aot appear to answer thG writ. The Jews asked for a reDiCd/ th8t th» Englisb system was unaccustomed IO offering. This challenge war met by the King, who himself commanded en- rotcement of tbc terms of the shetar. The g first manifested his interest in a Kin which if disregarded, con- fend jurisdiction on debtor had the choice of paying the debt the property which secured the obligation. To cnfom this choice, the King's command would have had to regcct tbc divczgont tczacdics: znoody or p‹ p «y '' 2 Eventually, this fotm of q yt praecipz evolved into the writ of debt.'\" The King’s intervention on behalf of his JcwiSh moneylenders may explain hwarviteopfrdoedbutc.eTdhseowmoerdainnpgmoaf ltohueswtreirtmevinidoelongceys in the early dcvelop- and in turn tfi• intrusion of ment of the land interests into personal litigation. In without ibc King ordered the Sheriff tO “{O]rdcr delay to R. a hundred otarks which he owes â/wi unjustly.”''* Professor van Cacncgcm observes that this wording closely wi‹h commends to Jews’ debtors la pcyJ. Tba t/›^•• {P* his sherilr lv comzoaod saatconc to do saa ctt1og (bers 4-35(d tcux^ina of‘ the rCign oF Hcnry ! tioti or the rights of the parties. /‹£ ti 22•t 35. From £orro a'kick izti£icted judicial process io or are Rubi Gelsoc and o‹hcr Jews la •’b•a Rxaul XM iadebtc‹L g’ C 10 stalks of gold for ihat Lkca to recover tbcir dcbts agchut lb* *- Lhcir debts cgsiztst Osbctt dc Laicaatc. in at I4-IS (uaaslcM rroa ihc pj t55 j2£gj. /•f or 30a. Jmcph Jacobs hcs collected and ri-l3(eip• o•ii•indicate met actions in which Jews eddat R.
u 192 THs GEonoown LaW JOURNAL [Vol. 71:1179 r es tliTt of tbe classicprneripc for land.'\" 5pccifically, the writ of debt adopted the words \"unjustly deforces\" (near ... ri iin/m/r deforciat)''° from thopraeripe.''° To \"deforcc\" is to wrongfully withhold possession of land from one who is lawfully entitled to it.''^ TEo iiriproprioty of the transplanted termi- nology, therefore, liGs in the sense of the wrong conveyed by the words, ”un- justly dcforccs,” which calls for en immediate remedy for an egregious interference with land lenum. B th u d g_c pjainm na d Thus tbe terms of the wri appt to k for inappropriate relief. Notin g the apparent confusion,'** van Caenegeni indicates thst Jews were the princi- pal benefictarics of the early grit izo The \"misuse\" of the words \"unjustly deforces\" in the early writs conveys more than just the verbal conservatism of the early common law. Use of the term implies aa underlying land obligation securing a certain sum. which strongly suggests the existence of zn arrangement like the Jewish shetar. Here, however, the King himself compelled payment in money or in land to R made by tbc dcbtor found in breach or a private agreeneot. The term \"deforce,\" then, communicates the Jew's ability to circumvent the procedural limitations of personal actions. R. L. HGnry bas suggested, alternatively, that the writ used \"deforcc\" to con- note a breach of the King’s peace: as an empty incantation with the single purpose of lending substance to a claim of the King’s jurisdiction, t 2 ' Tbc King dfd not customarily intervene in private disputes.' 2° The purported fiction was his uztjust]y, And i/ bo docs itot do ir, suoiotpn kilo by good suaunoacm ‹k«l lie be before mc or my justices at Weoatmtcr a fortnight nftet tlc octevc of E•ster to show •'hy h# hza done it. And bave tbarc a'itb you thc sunuaon‹m aod this writ. Witness: N. a‹ kf. R.C. vxlv CxEzvcaeu, uzyua ootc 86, qt 437. P£sL LOCE A F.W. MASTRAND, 1 I S.R.C. nole 3, at l73 (wrii of debt u given by G laovili r'•lovc]y ii iilsr to ! I6. “of bicb {be[ unjustly dnfo him.” fn rig r note l l4 for complete texi of I l7. R.C. vxN C'anNeaz/•s, pa aote 86, st 254• 2 F. Poccocr & F.W. MBy no. wpw note 3. a‹ 204, 118. Jr D. Wxpx airs ante 17, at 347 (defining defor‹mroent j, I I P. /rr R.C. vaz't Caxneoeu, uzz/u oole 66, at M4 (\"uojvetly deforces\" acs “io•pproprictc in personal action for debt, although sppropritie enough in c reel Aerion for tenure”). Othen have also oozed tkc pscafiar wordiag of tttc wfi‹. 'n k.L.Hewxv, Cowwczs no ruz 1oc‹c Couxw or Ivfzor- OF Assukiesrr 55•56 (i9tf) (ootiog pemsliarity end concluding: 'bo use of the word o’z/*ozz-I'm' zoay loot sligbdy curious ia a dcbt s'tiL bui agaia ia iD oil probsbilit7 is Koi sigDificn•l”)- i20. R.C. we Cnsneout, m noie 86. ai 437. rorozsi declare- I2l. R.L colors like Lke Kiag, wx«tcd toustifp tbo ‹raditiooct jurisdiction ortbc buodrod aod coun‹y couru. T 32. 6c• OWHvtt.L, era note 68. Boot X, ch. g, ct t24 {“[i]t is oot Lhe custora for thc court of the Hurd king to proiect or e'arrnnt private •greeueata of itiis ki•d concerning the giving or receiving of out of ‹x@ri or in ceuru oibcr ibtn thai of the
t983} THs SH i\"AR IN P.HOLISH A 1193 that withholding payment oa oandceebtitrberaecaticohnewdatshwe Keliln-ge’sstpaebalcise.hHeednarynadrgtuhees that the formalism was dropped fiction no longer necessary.'^ But the invocation of the King's pesee he another explanation, derived from tbe unique relation5hip between the King end his Jews. Because the early actions at debt were principally on bebalf of Jews, and because Ie s claimed their rights in the King’s n8mc, all obligations owed to them w€fG ultimately owod to {yjjjy I 2d ythholding a debt owed, cVCo {ndLFCCtl/, to (bB King is a breach of the King’s peak t)2gt ICT[11IfC5 no legal fiction.. If the price of the writ was paid, tbC King*s courts were ready to stand behind a Jewlflh creditor’s complaint in debt. To cofozcc (bC debt w•• ‹o restore peace to a smatl part of the reahD. Use of the term \"deforc0\" symbolizes the courts’ interference with rights in hand. Used to imply “breach of ftoirrempaleislmt,”siigtnianlveodkeasntbinesitmituagtieonoafl tchoonfKliicnt:gi'fst wrath. The otherwise puzzling from personal the courts of feudal England, land tenure hzd been distinct the courts to award land—to compel transfer rights in law. Jews final judgment.'°• Because oUfmprKopinegrtywtaoss, aitnisfeyffect, the obligation—hcfore the interference with land real party in interest, tenure was done with his COOggnt and support. LackiDg tM King's hand, the impossible. Only the KinS‘s interest in cnforcin g Jew- action would have been could make possible this invasion of land beyond the ish creditors’ remedies accompanied debt was kn inoovatioo iJz feudal society. Tbc ^ *W ^ lacked the i<rminol- ogy to describe a private judicial proceeding for session of land. Prom this CADIC the hybrid use of the the rime of \"Deforcc\" disappeared from (ylanvilJ, '° approximately the time s court shortly after had be•n removed to the newly established ExchTqllCfi of the icrm fell into disuse by 1291,' z° one year a r England. Though this may bcoeiandcvidcnetsitwioiuths, ththeodedcelicnleinoGf underlying Royal obligation creditor, default on a debt no longer implicated the interest of the Rod <***W- 8. THE EXCHEQUER OF THE JEWS At no time during th•ir two-century presence in England were the Seas per- ccived as more than a no‹=ssary evil: a sourtc of capital. The Jews. welcomed iuctf win item, and is therefore not bound *° w°°° > \"P°° • \"&* er \"\"‘*’ °' “’ \"\"\"\" R0f ultimalely ter •ink}. u. by which Jews 3, ci 173. or a• •••).
’i tg4 as moneylenders, were despised as creditors. So long as the King enforced the Jews‘ debt instruments, the t›est way to avoid obligation was to attack the Sew ish community, destroying people and records. Sporadic incidents culminated in riots against the Jews during the Coronation of Richard I in 1189 and in the Massacre at York in 1190.'°• Besciged by the xnob, hundreds of the Yotk Jews chose deaib over baptism. The warriors, joining religious hatred to their eco nooiic motivation, were quick to destroy the deposits of sbetars held witbin the Jewish community. At York, the Not was instigated b) Richard Malcbyssc, a nobleman deeply indebted lo the Jews. Alter 500 5c s died in the Citadel Malebyssc led the mob to the Cathedral, where they destroyed the deb records, which bad bectt held for safety in the Chapter House. When the smoke cleared, both creditor and debt mad been eradicated.'°° following his return from the Crusades and release from captivity,'° ' Rich ard I was displeased by the attacks on his Jewish moneylenders. Because duplicates did nOt exist for many of the docutrients destroyed, the King wa unable io collect debts that would otherwise have cscheated to him. He was concerned with preserving a record of debts owed to ensure their payment. By l20D, tltis concern prompted thc establishment of Archac (Registry of Bonds and of the Exchequer of the Jews.'*2 Archac were established in all towns with sizeable Jewish populatioos. The regisfrim consisted of Chirograph Chests and four Chirographe wo Chris stitaronsngalndretmwinoislcoewntloafntdratdhietiironclaelrJkesw.'i°s°hTphreaCcthicireo.'g°r•aAphllpbrooncdedsuwreesre to ten in the presence of the official witnesses, and immediately dupli cated.'•• The original and duplicate were usually written on the same skin and were divided by an irregular cut, producing corresponding tallies.'°* The Archa retained the duplicate, which was called the pnr or \"foot\" of the bond, while the creditor retained the original, with the debtor’s seal affixed.'°° When the dcbtor satisfied the debt, the creditor gave tho dcbtor a deed of acquit- tance.'°• The debtor could then prove satisfaction of the debt only by deliver- 129. I.Id. Rico, w note l3, ai xvii-xviii. 130. /d ; H. M«aoncu •L O. Mm, A Hiss nv or owe Jensii Peorce 3g488 (196$ reprint). M.D Dasis’ cof]cctioo of sbctxrs includes oae recozdiztg subs‹aotiat debl4 owed by Rjckard Malebyssc. (“ou of the great dnbt wbjch he owes. to aiy masi r A•ron, end lot Wbicb 1 gave hire this wailing”) ie ih HctrmW vwrsioax of & d 'comers, ha o•utz ii uamtnim into the H t›ies for \"evil bean\" tklialab iz- ’s ant to t3I. Tbc govcroaieat assessed tbc ices 3,fX'X zsarks of Lbe 100,000 actl €ansoos for tbc rcleasc kicbard L 4 S. Bxxow, ra aotc 3, a‹ 6t61 0l4W.Roo ooml3,4‹*fiix 1R.Hotmwo*vmmpmng‹eaA•145W6. 133. J.M. Rao, mpir note I3, tt xviii-zix. Cbirogrnph, liternlty \"handwriting.‘ win the lerxn need wzittca dosua›xazs. lv. Jer aoiu 3M ted accompanying texi (describing. dee ioeninry procedure of Aei•r). l3fl. J.M. Rio, note 13, pt xin. i36. fo ge»er» 5raans anti Cmnwax. colt 42 (pboiogrspbic pl•ies or bond showin '6 note 137. J.M.
198’3} THE SHRtAit. tH ERGListi L'nW' ' l l’95 e ing the acquittance to the Arcba, for which he obtained the yrJ, which cancelled w- the debt.'°’ No debt, acquittance. or assignment of debt was valid unlcss filed d in the Chirogfaph Chest, Which could be opened only by order of the Exchequer e or in the presence of a majority of the Chirographcrs.'“° The King’s Exchequer oversaw the King’s accounts. A contemporary tr€ a- s lisc described its organization and dutfes: the “Dialogue of the Exchequer.”' 4’ - e Litigation of Jewish debt instruments comprised a substantial ppption of the Exchequer’s business, so much so that a separate branch cas } 19a, \"CU t OdGS Judacorum,” or “Wardens of l, Jewish causes.'*2 Begin jjjpg ip 5tlberdinatc to the Exchequer.' • The Custodcs bt the Jews.” were appointed,'•° e exercised exclusive juris- diction over all matters involving Jews and Christians, except those in which h- the Jew was criminally aGmlScd.'•* During the thirtecnth century they herb e cbarged with enforciBg the shetars of the Jews.'*• This special branch of the as Exchequer could effectively ascertain the amounts due thc King’s treRSu )' VI fl s the King’s Jews.'*’ y debt and the deeds of acquit- s) The Chirograph Chests preserved the bonds of Chests.'** Many f the pleas tance, and the Archae preserved the Chirograph brought before the Exchequer of the Jews still survive, and a sub stan tial bOd} thirieenth-centu British e of legal paper immortalizes the interaction of the rferocomrdtsheinfduilclartaentgheatof s- ltehgeaEl xsycshteeqmuewr iothf tthhec JJeewwsisphrelaswideodf othveershmetaatrte. rSsuravriisviinngg mtetactions between Christians and Jews. The primary document offered to i- prove the transfer of interest in land ând tbe estabtisbotcnt. transfer, or satis- d LttCtlOO Of\" a debt was the shctar. e C. INTHEMATTERSOFCOK HAOlN n The records of the Exchequer reveal tic tensions between several elcmen 5: the King’s thinly disguued economic interest, the - malism and alien law, inter-religious suspicions, and everyday Within the pleas of the Exchequer of the Jews, the appearances of one recur- D. ut By 1240, Lbc system had chan6*d: the scaled bond creditor and the. debtor. I hc - Jq p author ot the 12th century ( a. 1176) -dialogue\" dcs<zibss tbe exchequer bo•rd. c t«b1e c•tivend with a chcctcred cloth. from 'hich '*° °°\"^ deri.md in neme. The tueusbcr4 amund debts mcd !o raciiiiac e xyxteoi of accounting (described in >° the ygp,;,qqgtp ‹ximpound institjition: judicin) tnWis•1 ind gnancial bunaul. (describing 143. fd Of'lbc’ original rour' rdens. Simon d• P•io bull ttQruy de Wicheii(On Bm let de d ng «r orJ*••: •h•n
tt96 Ttis GEORGBTOWt4 law JOURNAL {Vol. 71:1179 rent litigant, Cok Hagin, *° sometime Chief Rabbi.'^° serve as an exemplar of the cultural contact between Jew and Christian. Cot’s changing fortunes illus- tratc not only the limits of the Jews’ personal freedom in English society, but also the extensive reliance on Jewish legal practice in the King’s court. Cok’s first appearance was in 1272, when tbe Queen, through her clerk claimed from him 100 pounds \"in ready money.\" Ingtead ofpayingimmcdt ately, Col acknowledged debts to tbc Crown amounting to 100 pounds, but not in ready money, and asited that the King’s Council render judgment. To support the Queen's claim, the Queen’s agent appealed to the King's Council the Queen’s Council, and the eycwitnC5sgs [o the making of the agreement Lok 8gf0Td tO may tbe debt in two installments and naoted four Jews as sure- ties. If he defaulted, they, equally with his, would be subject to distraint of their lands, debts owing, chattels, and their bodies.'*' In 1273, Cok appeared with several otbnrs to pay a partial sum to delay the ‹allage a•s•ss•d ia the Easter Term of the firflt year of Edward I’s reign. They asked respite for the greater part owed, end agreed on a penalty that each eouldoec in default.\"° Later tbat year, the court noted that the appointed date had passed without payment of tatlage or penalty. The penalty was as- sesscd and paid.'•• One year lster, Cok Hagin appeared as co-surety to receive custody of Joce Biindy, a Jew wbo was charged with lending \"money to Christians by blank tallies,”'*’—leaving blank thG amount due until afler the debtor had signed.'*° Additlon8lly, Bundy was charged with baying lived, for some tfmc, in Rsy- high witbout thG King’s license. For this offense all Bundy’s goods and chat- tels were forfeit to the Crown. When Bundy failed to appear for his appointed court date, the court found Cok Hagia and Iris co-surety “izi mercy.\"”^ In 1275, the King notified hit Justices that he had granted atl of Cok Hagin’s possesstons as gifis to his “dearest Consort, Eleanor, Qtiezn of England.” She was to rcceiVe all of the Jew’s debts owing and all his goods and chatted. These scre forfeit because Cok Hagin war cxconuriuriicate for refusing to sub- mit to trial “according to tbe Law and Custom of the Newry.”'^° Edward con- S*pm.C.Rcnx,B#** 24 {1962); C. Rorx, Hwzoxv 130. f.M. C.
9 I9g3) THe Sxeran In Eooi-isH Law 1197 f dilioned this gifi to Eleanor upon her staking good to the King, before - Cbristmas, “the arrears of the last taliagc assessed upon him, the Jew.'\"'° t By 1282, in the tenth year of Rdward’s reign, Cok was again doin g busi- ness.'•• In that term, Cok summoned Roger de Ling to answer for the princi- k, pal and interest owed on a debt represented by ooc Chirograph, sworn to be t duplicated in the London Chirograph Chest.'*° In tbe saoie year, Cok’s real t estate deals apparently proliferated. In return for a fee interest in a plot of o lartd and a house in London, he exchanged a nine-year term on a farm in l, Essex in which he bad a diverted interest.'°' The farm had been obtained “on t. account of divers debu” of the fortiicr owner, a knight.'° 2 The prior agree- - ment, transferring the farm, was duly enrolled at the Exchequer. For his new f property, Cok Hagin agreed to pay yearly, at Easter, “one gillyflowcr” to the former tenant and also to rendtr ”Io the capital lords of the fee the services due e and wontcd therefor, in discharge of all secular services, customs, and all y thiogs axacted aod daaandcd.\"!^^ Tbc two cbaztcrs, grazttiog rcspcctivcly fhc h properties to their new owners, contain tbc warranties. witness attestations, cals, and signatures required by the law of the shetar. The cnurt received d these elements as proof of the agreement's validity. ThG court also recorded - that the Queen’s attorney was present ,to give her consent and acknowledge- e ment to Cok Hagin’s document.'^ k Cok Hagin’s last appearance is at ono of a group of the descendants of joining together to acknowledge, by their shelar, the acquittancc of an debt to their fattier. As his heir they released the debtor ”from the creation to the end of the world.” “By spontaneous and unanimous con- - seat,” tttcy discharged tAa debt as /uIJy paid.! d The surviving records of the Exchequer of the Jews cover a limited period s {1220-1284). Cok Hagin’s experience ia representative insofar as it illustrates e personal and religious disputes, shotars of property transfer, debt registration . - ¥butdoocd Lko role of boldiag goods for tbe uJtiot•te use ctf tbe Xjag. 7w re' at GI fgoods for£citcd by 1ea• liviog without g’4 ñceoSC, oulsjde /c¥ Sb 00lagouoil}). DC g would bave been Cagcr mcouTagc caforcszaeot of Jewisb be, ct least to tbc exteat ef scizizsg the goods of tbosc cxcommuaicsted. * (iocludiag s<utaga rtts) on tbe t65,
{Vol’. 7J:l’J79
lg’s3] 119.9
hon Tue €iEORGRTO I Law JOUaxan [Vol. 71:1179 iñtroduced in the Exchequer, and preserved in the laws of England. Traces of the shctar procedure survived for centuries in English law. A sealed debt con- tinued to t›c dischargeablc only by a deed of release dr by cancellation or de- struction of the debt instrument.\"° The practice of debt cancellation by requiring tetum of the pri of the Chirograph continued from 1194 until its “’ abolition by statute in 1833.'^3 MoSt ifiiportant, the encumbrance of real property permitted by the Jewish Law nf the shctaf bad been adopted by English law. Bonds contained the traditional Hebrew formula pledging “all my goods, movable and immova- ble.”' Creditors had the statutory right to execute against the debtor’s land. No longer were personal obligations and rights in land rigidly separate. Even while Edward was divesting himself of his Jcwish oioncylcnders, he made their legacy permanent. A small but significant principle of Jewish Law. wherein personal debt superseded righis in real propcny, had become the law of the land. 183. F. Licence, prrs nete l3, si l3C3b. her azp›r tent cm›mpnnying noies 137-39 (describing I64. 1. ILxsm wrrz, oa‹• '4. a‹ zs4-55. Some boads ru-rtk•r añofickcd tbc sbat•z, •xiondia$ the lien to elf goods ’ t and fuiurc.\" /d
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UCC Filing Offices Alabama S9cretary ofState, UCC Duision Secretary of State, UTC Division Secretary ofSite,UCC Unit Secretary of S te P.O. Bar 150470 30 Trinig Street Box 5616 II South Union Street Montgomery, AL 36103-5616 State House, Suite 200 Hartfora, CT 06115-0470 Lfartford, CT 06106 Montgornay, /\\L 36104 Phone: {860 9-6002 Phone: 334} 242 5231 WebSit _state,ct.us/Cr›mmexi IR dine/CRDform.html Website: www.sos.state.aLus/business/uniform.htm crd{0po.state.ct.us Email Yrr/w sos I.is/webforms/mai!fom Ataska Secretary of State Secre ary o Sta Division of CorporaLons Divison of Corporations State of Alaska UCD Section UCC Secoon C8fttral UCC File System P.O. Box 793 Townsend Building Department of Natural Resources Dover, DE 19903 401 Federal Street, Suite 4 Sttte Recorder ice oover, DE 19901 55a W. 7!’ Avgnue, Suite 1210 Anchorage, AK 99501-3564 Phone: (302) 738-3073 Ph0ne: (907) 269 8882 Websit de Website: www dna.state.ak Email: docwe Email dnr ak Secretary of State,UGC Department District of Columbia f\\ecorder olowds Capitol West Wing, 7* Float Cenfra/ Filing 0ff/ce. 515 \"D\" Street Northwest 1700 West Washington Avenue Mayor's Offtce Washington, DC 20001 Phoen AZ 85007 Phone: 602 542 85 Phone: 202) 727 5374 \\N§bsite: ww.sosaz.com/b stress servzesJucc,htm Webb: done as of this printing. Email ucc mail.sosaz,com Email: Noneasofthusptintirg. Arkansas Dapartment ofState Department of State Bureau of Comwrrial Recordings Bureau of Comm. Recordings Secretary of State, UCC Division UCC Filings UC0 Filings State Capitol, Room 025 P.O. Box 5588 409 East GainesStreet Littie Rock, AR 72207 Tallahassee, FL 32314 Tdahasse FL32399 Phone: 501 682 5978 (888 733 0325 Website: .sosweb.state.ar.us/bvstness.III Phone! (BPO 8526 Emil usine5s sosmait stat0.ar Webstte: www.dos.state.â.us/doc/fawuoc.html cor hel idos.slate.fI.u Secretary olState,UCCDivision Secretary ofState, UCC sion Georgia P.0Box 942835 1500 -11* Street, Room 255 Sacramento, CA 94235-0001 Sacrwento, CA 95814 No filings at Secretary of State; Me Cth the Clerk of Superior Court. Phgne (916)653-3516 Phone: (4@) 327-9058, Georgia Superior Court Certs' Cooperative Website: wwss ca ov/b knees/ucc/ucc.h Authority Emeil: [email protected] Website: www2. Dept ofLBnd&NaturalResources Dept ofLand&NaturalResources 3eoetary oT State, \\J0C Dixon Bureau of Conveyances Bureau of Conveyancas 1560 Broadway Street, Suite 200 Deliver, CO 80202 P.O.Bar 2867 1151 Punchbowl Sree Ph0ne (303) 894-2200, (800) 869-3308 Hondulu, HI 96803 Honolutu, HI 968J3 Website: wwwdosl.state.co us/ucc/uccnde Email sos.t!usiness at co us Phone: (808) 587-0J 52 Y/ebstte! wxw.state.ii.usfdInr/bc/Fee Email: tde.hi.us/dInr/ ’Gen
Idaho Louisiana Seoatary of State, UOC Diviaon (File at County Recorder; flings and data-based, tied in with State filings) P.O. Box 83720 Secretary of State ” 700 West Jefferson P.O. Box 94125 8oise, ID 83720-0080 Baton Rouge, LA 70804-9125 Phone: {208) 334•3191 Phone: (225) 342-5542; State Assistance: {800) 256-3758 Website: www.idsos.state.id.us/ucc/ucctndex.htm Website: www.sec.state.la.us/mm.comm-index.htm Email: sounfot ideas.satu.id.us Emal: [email protected] Illinois l¥laine Secretary of State —UC0 Filing Section Secre my of State, UCC Department Bureau of Corporations and Elections :Howbtt Building, Room 30 State ice Building, Room 221 501 South i d Street Springfield, IL62756 I I tdt5b0tt66 tgti0n Phone: (217) 782-7519 Website: www.sos.state,iI.us/ Augusta, ME 04333-0101 Email: MstandteYMiIsos.net Phone: (207) 287-4177 Website: www.state.me.us/sos/corp/ucc.htm Indiana Email: cec [email protected] Secretary of State, Business Serves Division — UCC 302 Washington Street, West Room E-018 Maryland Indianapolis, IN 46204 Phone: (317) 233-3984 Department of Assessments and Taxation Website: www.ai.orq/sos/bus servze/ 301 West Preston SPeet, Room 809 Email: r.state.in.us/serv/contact?src=°é2fsos%2fbusservice°42fucc%2finde BzWmoe,MD2T20T x.html Phone: {410) 767-1459 Website: www.dat.state.md.us/sdatweb/charter.htrnlAcc Email, www.dat.state.md.us/sdatweb/feedback.html lOWd Massachusetts Secretary of State, UCC Diusion Secretary ofSite, UCC Division Hoover ButIdtng, East J4^ & Walnut Street One Ashburn Place, Room t7t Des Moines, tA 50319 Boston, MA 02108 Phone! (617) 727-2860, (617) 727•2800 Phone: (515) 281-5204 Weber: www.uate.ma.us/sec/oor/ooruccionf.hm Website: www.sos.state.ia.us/bucness/services.html Email: laurie.FtvnntBsec.state.na.us Email. sosBsos.state.ta.us Kansas Michigan Department of State, UCC Unit Department ofState,UCCUnit Secretary of State, UCC Dtviston P.O. Box 30197 Secondary Complex Memorial Hall Lansing, MI 48909-7697 7064 browner Plaza 120Soubwes10°Stee’ Dimondale, MI 48821 Topeka, KS 66612-1594 Phone: (517) 322-1144 Website: www.sos.stae.mi.us/ Phone: (785) 296-4564 Email: NickersonJtBstate.mt.us Website: www.kssos.org/uccweIc.html Emait: [email protected] Kentucky Minnesota Secretary of State, UCC Division Secretary of State, UCC Division Secretary of State, UCC Division P.O. Box 1470 363 Versailles Road J% State Offce Building Frankfort, KY 40602-1470 Marc Manor Plaza J@ Constitution Avenue Frankfort, KY 40601-3492 Sant Paul, MN 55155-1299 Phone: (502) 573-0265 F'hone: (651) 296-2803 W9bSit9! \\WAV.506.§t8tt.ky.Uk/intr0/UCCfi|irlq6.htM Website: www.sos.state.mn.us/uccd/index.html Email: ucc.dertt sos.state.mn.us Email: None asof this printing. : UCC Filing Offices Page 2 of 5 377
New Jersey Secre ary of Stata New Jersey Dept of Treasury her Jersey Dept of Treasury Business Services Division, UCC Division 4g1 Mississippi Street Central Filing, UCC Section Cen iling UCC Secl'on JBck MS 39201 225 Stats Street West, 3’• Floor P.0 BOX 3{}3 Trenon NJO8O18 Phone: (601) 359-6386 T+bu,NJ08525 Website: www.sos,st B.ms.us/busserv/ucc/ucc.html Ernai None as of this printing, Ph (%9) 292-9292 www.state.•i • sos.state.ni.us Secretary Df Stay, UCC Division Secretary ofS ate UCCD son Secretary of State, UCC Diytsion P,0. BoX 1159 500 W6st Main Street, Room 302 325 Don Gaspar, Sure 3@ Jefferson City, MO 65102 Jeffenon City, MO 65101 Santa Fe, NM 87501 Phone: (573) 751-4936, (573) 751-4179 Phone: 5B5 827 3600 Website: www.sos.state.nm.us/uoc/ucchome.htm 9bSfte: WMD.fTlOSl,_S.OF.Stdt0.ITI0.uS/ Email: [email protected] Ematl: SOSmain mail.sos.state.mo.us Secretary of State Depadment of Site Business Services Bureau 4J Sta.e Sree P.O. Box 20280\\ Helena, MT 59620-2801 Phone: 518) 4744763 Phone: 406 4443665 9 t9: WWW.dOS.StdtB.II Website. www.state_mt.us EfnaJ [email protected] usiness Seryws/fo Emai rations North Carolina Secretary of State, UCC Division Secretary ofState Secretary of State 1t^ and K UCC Duision UCG D vison P.O.BoX95T04 P.O. Box 29626 2 Sdisbury Street, Room 302 Lihoofn, NB 68509 Rdeigh, NC 27626-0622 Raleigh NC 27603 5909 Phone (402) 471-4080 Phone (9\\9) 807-2\\\\\\; (919) 807-2225 \\/\\/ebsite: www.no1.or /home/SOS/htrn/services.htm Website: www.secrets state nc us/ucc/ Email [email protected] Email None as of this printing. Secretary of S:ate, UCC Division North Dakota 2?0 North Carson Street Carson City, IV 89701-4201 Secretary of State, UCC Division Phone (775 684 5708 CapiBl Building, 1°t Floor \\ ebsits! www.sos.state.nv.us/comm rec/index.htm 600 East Boulevard Avenue, Department 108 Ema nvcomrec vmal. nv us Bzman ND 58505 0500 Nbw Hampshire Phone: (701) 328-3662; (701) 328-3663; (800) 352-0867 Secretary of State, UCC Office Wabste: www.state.nd.us/sedcentraiindexi li htm Rdom 204, Sta:e House 107 North Main Street Email: sosbirt tstata.nd.us Concord, NH03301-4989 Phone: (803)271-3276 Oh Website: www.state.nh.us/sos Email: None as of s pnnti Secretary of State,UCC Division Secretary of State, UCC Divistor P.0.Box 250 1@ East Broad Street, 16* Floo 378 Columbus,OH 43216 Gotumbus, OH 43215 Phone (614) 466-3623, (877) 767-3453 Webatta: www.serweb.sos.state.ah.us/wdb .home Emai btjserv sos.state.oh.us UCC Filing Offices
|Dklahoma Secretary of State, UCC Division Cenbal Filing Office Central Filing 020 Robert S. Kerr Avenue, Suite 107 500 East Capitol, Suite 204 Oklahoma City, OK73102 Pierre, SD 5Y501-5077 Phone: (405) 713-152d Phone: (605) 773-4422 www.sos.state,ok.Ms Website: www.state.sd.us/sos/ucc.htm www.sps.state.ok.us/feedback.htm Email: dakotafastfil retary of State Tennessee Corporation Division — UCC Section Public Service Building Saoetary of State, Division of Business Services 255 Capitol Street Northeast, Suite 151 William R. Snodgrass Towers, @ Floor 6alem, OR 97310-1327 312 - 8* Avenue North Phone: (503) 986-2200 Nashville, TN 37243-0306 Website: www.sos.state.or.us/corporation/corpheIp.htm Email: [email protected] 32 Webs us ervice.htm/f Email: tstovdl maii.state.tn.us )Dep*a e an'atate Department of State Secretary of State, UCC Division Seoetary of Stata, UCC Division ’Corporation Bureau, UCC Section Corp. Bureau, UCC Section Box 13193 1019 Brazos Street Commonwealth Ave.6NDFth St. Suite 505 P.O. Box 8721 North Office Building, Room 308 Austin, TX 78711-3193 Austin, TX 78701 Harrisburg, PA 1712g Hamsburg, PA 17105-8721 Phone: (717) 787-1D57 Phone: UCC nfo 512 475 2700; (512 475 2703 Website: www.dos.state.pa.us/corps/corp.html UCC-3 info: (512) 475-27@; UCC-11 info: (512) 475-2705 Email: Nons as o1this pnhtillg. Website: www.sos.sJata. .us/ucc/index.shtml Ema ackson sos.state.k.us )Puerto Rico UCC Division UCC Division P.O. Box 146705 160 East 300 South, 2’°Floor |Department of State Salt Lake City, UT 841\\46705 !P.0. Box 9023271 Salt Lake City, UT 84110 )0Id San Juan, Puerto Rico 0D902-3271 Phone: Gen Info: (801) 530-4849; Unusual info: (801) 530-6025 |Phone: (787) 722-2121; (787) 721-3173 Website: www.estado.prstar.not Website: .commeroe.state.ut.us/co orat/uc e.htm |EmaiI: None as of this printing. Email: br state Rhode Island Secretary of State, UCC Division 81 River Street, Drawer 9 Secretary of State, UCC Division Heritage Building , \\00North Main Street Montpelier, VT 05609-1104 iPfgvidence, RI 02903 Phone: (802) 828 2386 Phone: (4D1) 222-3040 Website: www.sec.state us Website: NoUCCwebsite asofthisprinting. Email: [email protected],ri.us Email li herita , South Carolina Secretary of State, UGC Division Vi State Corporation Commission i Secetary of State, UCC Division Capital Complex 1300 East Main Street P.O. Box 11350 Edgar Brown Building State Corporation Commission Columbia, SC 29211 1205 Pendleton St., Ste. 525 P.O. Box1197, Clerks Office erks 09ice 1^ F oo Columbia, SC 29201 Richmond, VA 23218-1197 Richmond. VA 23219 Phone: (BD3) 734-2164 Phone: (804) 371 9733 Website: www.swos.com/unifom commercial sode.htm Website: www.soc.state.va.us/bio.htm ww.scsos.comJeadback.htm Email: None as of this printing. UCC filing Offices Page 4 379
Virgin Islands Offce of Lieutenant Goyemor Office of Lautenant Governor Corporation, UCC Division Saint Croix County Clerk P.O.Box 450 1131 King Stree Kongens Gade #18 Suite 101 Charity Amalie,St.Thomas, VI@802 Chnstan Phone: Saint Thonas: (340) 776-8515; Saint Croix: (809) 733-6449 Wsbsite: . ov,u/htm!!t ov.html Email None as of this printing, Washington Oept of Licensing,UCC Section Dept of Dcensing, UCC Section P.O. Box 9660 405 Black Lake Bouevard ymp WA 9 500 Building 2,1•tFloor ymp WA 98501 ,Phone: (360) 664-1530, (360) 664-1531 \\/Yebs .wa v/d0Lb d/uccfrartt.htm ucctodot.wa.q0v Secretary of State, UCC Department State Capitol Building, Room W131 1900 Kanawha Boulevard East Chafleston, WV 25305 Phone 304 558 6000 Website: www..state.wv.us/sosten Email wvsos secreta ate Dept of Financial Institutions Dept of Firarcial Institutions UTC Division 345 Washington Avenue P.0, Box 7847 3^ Fbor @adtson, WI 53707-7847 Madison, WI 53704 Phone: 608 261 9548 Website! w\\w/.wdfi.org/ucc/ Email infotBdfi.state.wi.us Secretary of Site, UCC DMSlOFt 110 Capitol ButIdtng Cheyenne WI 8200 Phone: (307) 777-5372; {307) 777-5334; (307) 777-5342 hebwe sos us/uniform/untform.htm C0r 0 att0pS US UCC Filing Offices
UCC Filing Offices in Canada Alberta Nova Scotia Atf›erta Registnes Persons Property Registry Registry of D9eds 5^ Fbor, J.E. Brownza Building P.O. Box 2205 P.O. Box 2022 J660 Hdlis Street 10365 — 97 Street Haifax, Nova Scotia B3J 3S4 Edmonton, Aberta TSJ 2P4 Phone: (902) 424•8571; (902) 424-4203 Phone: {403) 422-2362; {800) 465-5009 Ontario British Columbia Offa of the Registrar Senarai Personal Property Security Ragistrdions & Office of the Registrar of Companies 940 Blanshard Street, P* Floor Central Registration Branch Victoria, British Columbia V8W 3E6 393 University Avenue, 3’* Floor Phone: (g@) 387-6121; (800) 663-7867 Toronto, Ontario MSG 1E6 Manitoba Department of the Attorney General Phone: (416) 596•3766; {416) 325-8847; {416) 325-8782 Persons Ptopeny Registry 15a Fear, Woodsworth Building Prfnce Edward Island 405 Broadway Avenue Department of Provincial Secretary Winnipeg, Manitoba R3C 3L6 P.O. Box 2000, Consumer Davison Phone: (204) 945-3101; (204) 945-3100 Charlottetowr, Prince Edward Island C1A 7N8 Phone: (902) 368-6000 New Brunswlck Chief Registrar of Deeds Quebec ATTN: Chief Registrar Registry’s Olfce P.O. Box 1998 150 Rene La Vesque,7* Floor 985 College Hill Road Quebec City, Ouebec G1R 2B2 Fredericton, New Brunswick E3B 5G4 Phone: (418) B6-9606 Phone: (§06) 457-3581 I¥lontreal Newfoundland Registry Divicon of Montreal Notre Dairte Street East Persons Property Registrar Montreal, Quebec H2Y \\B6 Commercial Registration Duiuon Phone: {516) 393-2055 Government Services Department of Justice Saskatchewan P.O. Bor 8740, Elizabeth Towers Department of the Attorney General Saint John's, Newfoundland AIB 4J6 1871 Smith Street, P.O. Box 7128 Regina, Saskatchewan S4P 355 Northwest Terrltorles Phone: (3g6) 787-6787; (306) 787-8187 Registry of Bills and Sales, Credit Sales and Chattel Mortgages P.O. Box 1320 Yukon Territory 5009 49* Street, 1• Floor Government of Yukon, Department of Justice Yellowknife, Northwest Territories X1A 2L9 Personal Proparty Sacurir/ Registry Phone: (403) 873-7493 Consumer, Corporation, arid Labour Affairs P.O. Box 2703 Whitehouse, Yukon Territory Y1A 2C8 Phone: {867) 667-5623; (t67) 6d7-5225 UCC Filing Offices in Canada Page l of I 381
Part IV Section 12 ketters
FORMATION REQUEST FILING OkFICE ACCT # OLLOW INSTRUCTIONS [front and back) CAREFULLY A. NAME & PHONE OF CONTACT |optional) THE ABOVE SPACE IS F-OR TILING OFFICE USE ONLY ORGAM ZATION INFO RMATION OPTIONS relating Io UCC filings and othor notices on filo in the filing olTice that include as a Oebtor nama Ihe name identified in item 1: 2e. SEARCH RESPONSE CERTIFIED (Optional) Se pgg ef the fo owing Mo op ALL Select pgg of the following kvo options: UNLAPSED SPECIFIED COPIES ONLY CERTIFIED (Optional) Record Number Date Record Filed e of Record and Additional ldentif Information (if required) ). ADDITIONAL SERv1CES: ILINO OFFICE COPY (1) — NAYIONAL INFORMATION REQUEST (FORM UCC11) (REV. 05/09/01)
UCC FINANCING STATEMENT
UCC FINANCING STATEMENTADDENDUM
UCC FINANCING STATEMENTAMENDMENT FOLLOW INSTRUCTIONS (front and back CAREFULLY A. NAME & PHONE OF CONTACT AT FILER }optiongI] B. SEND ACKNOWLEDGMENT TO: (Name and Address) Ie. INITIAL FINANCING 6TATEMEHT FILE 8 THE ABOVE SPACE IS FOR FlLIfJG OFFICE USE OuLY 1b. T5‹s FINANCING STATEMENT Ak1 NDMEhIT is to be Fied [for recor0l (or reoorded) In tre REAL E TAtE RECORDS. 2. TERMINATION: Effectiveness d the Financing Slalement idenCfied Bbove is terminated with respect to ge uñly interest(s) ol the SeCUred Pany euthoñzing this Terrninetlan Stsa+n-lent. 3. CONTINUATION: Effec\\iveness of the Financing Statement identified ebove wilh respect to security interest(s) of Ihe Secured Party eUlhorlzing thls Con0inu8Uon Slatement is onlinuea for the additionai perk›d provided by applicable Ian. 4. ASSIGNMENT (full or paniaij: Give name of assignee in ilem ?a or 7D and address of aBBignee in ilem 7c; and aleo give name of assignor in item 9. ' 5. AMENOI \\ENT (PARTY INFORMATION): zhls An›endmenl affecl2 Debtor gt ecured Party of record. Chef only gag of these two baxes. Also check a0g of the following Ihree boxec aad provide epgropriele information in items 6 and/or 7. mo NG L ADD name: Comdeta i\\em 7a or 7b, and silo 6. GURRENT REGORD lNFORldATlON: 6a. ORGANIZATiON'S NAME OR gr . INDIVIDUAL‘S LASJ NAME FIRST NAIVIE MIDDLE NAME 7, CHANGED (NEW} OR ADDED INFORMATION: 7a. ORGANIZATION'S NAME 7b. INDIVIDUAL'S LAST NAME FiRSt NAME MIDDLE SME SUFFIX t 7c. MAILING ADDRESS CITY 8TATf POGTALGODC 7d. TAx ID #: GSN OR EiH ADD'L INFO RE ye. PPE OF ORGANIZATION 7f.JURISDICTION OF ORGANIZATION 7g. ORGANIZATIONAL IO ¥, If any DEBTOR assigned. 8. ANIENDMENT (COLLATERAL CHANGE): check ooly agB box. Desoribe cdIa\\eral DeIe\\ed or Ddded, or give entire estaied collateral desctip\\ion, or describe ooliaierei 9. NAME OF SECURED PARTYor RECORD AUTHORIZING THIS AMENDMENT (neme ofass nor.if thisisan Assignment). If lfilsisan Amendmentauthorizedby a Oabtor which adds cdlatetal oi edds the aulhoilzlng Debtor, or ir rhis is a Terminaiion auihorized dy a Pebior, ched‹ here and ence name of DEBTOR auIho‹4zing ihis Amendment. 9a. ORGANIZAtION'S NAME , 9b. JNDlvIDUAL'S LAST NAME FIRST N/uaE MIDDLE NAkIE I 0.OPTIONAL FILER REFERENCE DATA FILIhIG OFFICE COPY — NATIONAL UCC FINANCING STATEMENT AMENDMENT (FORM UCC3) (REV. 07/29/98)
UCC FINANCING STATEMENTAMENDMENT ADDENDUM FOLLOW INSTRUCTIONS fr I and back CAREFULLY } t. \\k\\T SQL FINANC\\HG STIT EMENT FTE JI ls•me ae item Ie on Antenament rorm) 'I 2. NAME or PARTY AUTHORIZING THtS AIVIENOMENT (sama es ilem 9 on Amendmenl form) ORGAN ZAT' OF S NAME 12d. |NOIV IOU AL'S LAST NAk4E 13. Usa this space for additional information TFIE ABOVE 6PACE I9 FOR FILING OFFICS USE ONLY flLtNG OFFICS COPY — NATIONAL UCC FINANCING STATEMENT AMENDMENT ADDENDUM (FORM UCC3Ad) (PEV. 07/28/98)
Date: Filing Officcr Re: Referenced Commercial Transaction Greetings: Please find enclosed: Fee: $ (UCC 9-525) Fee: $ (UCC 9-525) U UCC Information Request per page) Fee: $ (Local rule) UCC I’inancing Statement Fee: $ (UCC 9-525) U Certified Copy requested($ + $ per page) Fee: $ (Local rule) O UCC Financing Statement Amendment Total Fees:$ O Certified Copy requested($ + $ Please take the following actions re the enclosed: O Search Response O Certified i i All O Unlapsed (UCC 9-523) (UCC 9-523) H Copy Request H Certified H All O Unlapsed (UCC 9-523) UCC 9-516(b); 9-519) LV Specified Copics Only LV Certified (UCC 519(d)(e), 521(a)) (UCC 5-921(a)) i' Record and index* O Real Estate Records filing O Search Report O All Debtors O Debtor 1 O Debtor 2 Please return acknowledgment copy/requested records as follows: D First-Class Mail U F.xpress Mail (pre-paid Express Mail mailing labelenclosed) O Federal Express (pre-paid FedEx USA Airbill enclosed) * Filing Officer: In the event the enclosed financing statement/amendment isrejected for filing, please provide secured party with the specific reason(s) for any such refusal in writing within two (2) business days of filing office’s receipt of said financing statement/amendment in accordance with UCC § 9-520(b). If said refusal is for a reason other than as authorized at UCC § 9-5 I6(b), the person(s) responsible for said refusal should adequately identify himself/herself in the aforementioned written communication and provide sccured party with the Code authority permitting said refusal. Filing Cover Sheet Page 1 of 1 Rev. 07/02/2001
In care of: Post Office Box 9999 Los Angeles 90010 California Republic March 1, 2002 Celine Sanchez, State Registrar New Mexico Vital Records and Heath Statistics P.O. Box 26110 Santa Fe, NM 87502-6110 Re: Security of property in your custody Dear Ms. Sanchez: This letter is written to you in your capacity as custodian of my property, /.e. my common-law-copyrighted name, in all its forms, as it appears on the security instfument in your custody identified as STATE OF NEW MEXICO DEPARTMENT OF HEALTH, PUBLIC HEALTH DIVISION, BUREAU OF VITAL RECORDS AND HEALTH STATISTICS \"CERTIFICATE OF BIRTH,” File No. 55-2222-333, as well as may appear on any similar antecedent or subsequent birth record. As you are aware, protection of my personal right/property right (in respect of the aforementioned personal property) and the security of my personal property are paramount obligations for you, as custodian holding the of ce of State Registrar. For the above reasons, and others unnamed, the following are my instructions for you, as custodian of my common-law-copyrighted property, concerning your custodial obligations: Neither you nor STATE OF NEW MEXICO DEPARTMENT OF HEALTH, PUBLIC HEALTH DIVISION, BUREAU OF VITAL RECORDS AND HEALTH STATISTICS, nor any other party within STATE OF NEW MEXICO, has my permission to divulge, reveal, confirm, release, transfer, relay, discuss, verify, or otherwise communicate or disseminate in any way my common-law-copyrighted property, i.e. my name, my personal information, and likewise any of my highly restricted personal information, with any third party, including, but not limited by, any and all government employees, agents, officers, agencies, and organizations, as well as any and all private individuals, companies, and corporations. If you are in violation of my wishes as stated above, you will need to rectify the situation immediately by informing any and all appropriate parties of the private nature of my common-law-copyrighted property and the mistake made in releasing it from your custody. The property will need to be returned to your sole custodianship to avoid penalties. Since you are the sole custodian of the commongaw-copyrighted property, as described above, you are the sole party responsible for its safekeeping. Please review the enclosed certified copy of the notice of the common-law copyright on my name and guide yourself accordingly. Sincerely, John Henry Does Encl.: Certified copy of Affidavit of Publishing of Copyright Notice
Page Cracking the Code Third Edition X# Additions/Updates 16 (December 27, 2002 — New Entries in red ) 41 Where to insert addition/update: Before first paragraph The Federal Reserve monetary system is designed to bankrupt every single non-insider who partakes in it (including you), and, however gradually, is achieving its covert objective against the American people with undeniable regularity: “Bankruptcy filings reach record 1.5 million... “NEW YORK — Bankruptcy filings surged 19% to a record 1.5 million last year, as businesses and consumers struggled under heavy debt loads during the economic slowdown. “Consumer bankruptcies, which accounted for 97% of all filings, jumped 19%, while business bankruptcies rose 13to, according to data released Tuesday by the Administrative Office of the U.S. Courts. ...” USA TODAY, February 20, 2002 New footnote: Third paragraph, first line, after first usage of “books” “The more numerous the laws, the more corrupt the government.” Tacitus, 100 A.D. Before sub-heading, “Esquires” “Right to Practice Law” a British Monopoly Since 1178 A.D. The Crown’s continuous control of, and monopoly over, the U.S. judicial system is confessed nowhere more eloquently than in the July — August 1976 edition of the Journal of be Missouri Bar (p. 271), by Wade F. Baker, Executive Director of The Missouri Bar: “It was almost eight hundred years ago, in 1178 A.D., during the reign of Henry II, that citizens of England, because of unscrupulous practices of untrained persons, petitioned the king for establishment of a trained body of men and women, learned and skilled in the law, whose character would be attested by the crown. The legal profession was thus formalized and given a monopolv bv the crown to practice law for the public good. “When the United States Constitution was adopted it granted to each citizen the trial of all crimes by jury, and Amendment VI to the constitution confirmed the right of assistance of counsel in such trials. Each state’s constitution has provided that citizens have the right to appear and defend in person and by counsel in criminal prosecutions. “Thus, for eight centuries, the legal profession has been formallv recognized and granted a monopolv to serve the public. ” “Courts are in the main managed bv lawyers who hold judicial positions ” (Underline and bold emphasis added)
51 Revise footnote 30 as follows: Federal Reserve Chairman Alan Greenspan, Esq. is the most recent recipient of honorary knighthood (“...in recognition of ‘the benefit that the United Kingdom has received from the wisdom and skill’ of the Fed chief,” quoting Queen Elizabeth in “Greenspan is Given the Royal Treatment,” LA Times, 9/27/2002) but apparently the past many American presidents also have been honored with knighthood (“Sir”; title of nobility) bestowed by the Queen. 56 New footnote: Under “Fair Debt Collection Practices Act” (in middle of page), after first bulleted entry, “Contacts regarding unpaid tax” All contacts [rom IRS (phone, mail, email, in person) are “Contacts regarding unpaid tax.” Therefore, this simple admission is proof that IRS is not part of government—because all IRS tax-collection activity is subject to FDCPA. 57 New footnote: Second paragraph, fourth line, after the phrase, “in the field” “In the field\": \"The words 'in the field' imply military operations with a view to an enemy...and it has been said that in view of the technical and common acceptation of the term, the question of whether an armed force is 'in the field' is not to be determined by the activity in which it may be engaged at any particular time....” Uniform Code of Military Justice Act of 5 May 1950. IRS agents, FBI agents, Secret Service agents, etc. are known as “agents in the field.” See also field warehouse receipt in Glossary. 57 New footnote: After last word (“WTO”) of last paragraph Confirming China’s role in the commercial conquest of Earth is the astronomical growth in the esquire population in that country. The official Xinhua News Agency reported on July 7, 2002 that the All-China Lawyers Association said that the number of attorneys in China stands at 110,000, up from a mere 200 two decades ago—a 55,000% increase in only 20 years. The general secretary of the association also confirmed that there are nearly 10,000 law offices in China. (“China’s Population of Lawyers Skyrockets,” LA Times, Monday, July 8, 2002) 58 Replace top paragraph and newspaper-article quote with: The inevitable denouement1 of the clandestine love affair between beltway commies and Chinese labor is portended nowhere more clearly than in an article from the October 21, 2002 edition of the Los Angeles Times, “China Polishes Off Rivals in Furniture Production”: “Backed by cheap labor, the country has become the top exporter to the U.S. in less than 10 years. “DONGGUAN, China — In a vast, climate controlled room far from the dust and din of the woodcutting machines, rows of young Chinese women create elaborate patterns from thin strips of wood. Fingers flying, they shape veneer into complex patterns of contrasting grains and colors, wooden tapestries meant to transform mere cabinets into objets d’art. “The workers who craft these designs are paid 40 cents an hour, which allows factory owner Samuel Kuo to make high-end furniture for American consumers for 30% less than his U.S. competitors can. “...In less than a decade China has become one of the world’s leading furniture producers and the top exporter to the U.S. Denouement: (dakoo?man') The final unraveling or solution of the plot of a play, novel, or short story; issue; outcome; any final issue or solution.
“‘For the next 10 or 15 years China will be the manufacturing base for all of the world, said Kuo, 47, whose Lacquer Craft Manufacturing Co. ships 1,400 containers of furniture — the equivalent of 18,200 bedroom sets —to the United States each month.... “An outpouring of Chinese products is reshaping the global economy. Around the world, makers of everything from bicycles to bath towels are struggling to survive intense competition from inexpensive, high-quality Chinese goods. Thousands of factories have closed as production jobs have moved to China.” “... ‘We can’t expand fast enough, said Michael Keith Estes, a managing director at Akzo Nobel. He predicted that 90% of U.S. furniture production would move to China within five years. ‘It’s a sleeping dragon, and it woke up.’. ” 58 New footnote: Next-to-last paragraph, third line, following the word “consumers\" “‘The big question, Jeffrey E. Garten, dean of the Yale School of Management, observed recently, ‘is whether the world economy is becoming so dependent on China as an industrial lifeline that it will soon be dangerously vulnerable to a mapr supply disruption. ’ ‘In other words, Garten wrote in the June 17 issue of Business Week, ‘will China’s importance to global manufacturing soon resemble Saudi Arabia’s position in world oi1 markets?”’ (“Sleeping Giant Decides to Rise and Shine,” Los Angeles Times, Wednesday, July 10, 2002) Before the sub-heading, \"Your Future\" The Status Quo As cited earlier, the Crown has enjoyed exclusive control of the Iegal profession since 1178 A.D. Using bar-card-carrying urban guerrillas in three-piece suits called “attorneys at law,\" rather than M-16-toting mercenaries in government-issue camouflage, the Crow and the banking interests behind it—has almost completely wrapped up its mission by successfully infiltrating and subjugating the government of nearly every country on Earth. No longer do people in America live their life “under God,\" as originally intended at the inception of this country, but “under rule of law,\" as quoted directly from the mission statement (military objective) of both bar association and judicial system. Even the so-called, sham “separation of church and state” doctrine has been utterly debauched across the land, with officer-of-the-state esquires 2 dictating policy over tax-exempt, slave-of-state religious corporations. Hidden in plain sight on the pages of any major metropolitan newspaper in America on any given day is a status report on just how far down the primrose path we have been led by the “honorable\" esquires that comprise approximately 58% the legislative, judicial, and executive branches of the U.S. government. Apparently, it is now common knowledge that “black is really whité’ and that “Up is really down”: men and women have earthly existence and can effect physical changes on the world around them; corporations exist in name only and can neither think nor speak nor act in any way, but still are considered capable of it by the legislative branch (congress), accused of it by the executive branch (prosecutors) and tried for it by the judicial branch (judges) every day. From a front-page article in the June 16, 2002 edition of the LA Times entitled “Andersen Found Guilty of Obstruction”: “HOUSTON—A federal jury convicted accounting firm Arthur Andersen of obstruction of justice Saturday, sending the firm to the brink of extinction and giving the Justice Department a crucial win in its probe of Enron Corp. 2 It is generally accepted that an attorney is an officer of the Court and, as such, an officer and arm of the state.” 7 Corpus Juris SecunJum 4, Virgin Islands Bar Association v Dench, D.C. Virgin Islands, 124 F. Supp. 257. 3
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