On "maintenance", "champerty", and "schmooze"
Was it the ancient story of a man called Rikayon that provided members of medieval Guilds and, more recent, BAR Associations with the pattern for our nation's (current) oppressive form of 'governance*? Should who governs be decided by his, or her, schmooze appeal?
For the answers, read the following passages from the Book of Jasher, Chapter 14, then a 1905 publication, Modern Views of Champerty and Maintenance.
As you read, notice how Rikayon, a "wise man" who desired to be maintained by the king, usurped the government of Egypt by devising a scheme to "exact a tax from the dead".
How does Rikayon's desire for "maintenance" relate to the lucrative business practices of (some) Lawyers and Politicians who are gifted, not with wisdom but, in the fine art of schmoozing? Are you, the reader, aware that the definition of "mortgage" is "dead pledge"?
Has our intended form of government (particularly the judicial branch) been usurped in a manner similar to those that laid waste ancient civilizations? You decide. Here's the story.
1 In those days there was in the land of Shinar a wise man who had understanding in all wisdom, and of a beautiful appearance, but he was poor and indigent; his name was Rikayon and he was hard set to support himself.
2 And he resolved to go to Egypt, to Oswiris the son of Anom king of Egypt, to show the king his wisdom; for perhaps he might find grace in his sight, to raise him up and give him maintenance and Rikayon did so. . . .
26 And when the king heard the words of Rikayon and his wisdom, Rikayon found grace in his sight, and he met with grace and kindness from all the servants of the king and from all the inhabitants of Egypt, on account of his wisdom and excellent speeches, and from that time they loved him exceedingly.
27 And the king answered and said to Rikayon, Thy name shall no more be called Rikayon but Pharaoh shall be thy name, since thou didst exact a tax from the dead; and he called his name Pharaoh.
28 And the king and his subjects loved Rikayon for his wisdom, and they consulted with all the inhabitants of Egypt to make him prefect under the king.
29 And all the inhabitants of Egypt and its wise men did so, and it was made a law in Egypt.
30 And they made Rikayon Pharaoh prefect under Oswiris king of Egypt, and Rikayon Pharaoh governed over Egypt, daily administering justice to the whole city, . . . .
31 And (one entitled man) Rikayon Pharaoh cunningly usurped the government of Egypt, and he exacted a tax from all the inhabitants of Egypt.
Two more questions; For what purpose had American courts (prior to 1905) ignored the vital question as to whether or not a particular contract under consideration was not, in reality, against the public interest, or as being extortionate and unconscionable?
If the judiciary was this corrupt in 1905, how corrupt is it now?
Definitions:
Maintenance - 4. In law, an officious intermeddling in a suit in which the person has no interest, by assisting either party with money or means to prosecute or defend it. This is a punishable offense. But to assist a poor kinsman from compassion, is not maintenance.
Champerty - n. A species of maintenance, being a bargain with a plaintiff or defendant, to divide the land or other matter in suit, between them, if they prevail; whereupon the champertor is to carry on the partys suit at his own expense. The purchase of a suit, or of the right of suing.
*Governance - n. Government; exercise of authority; direction; control; management, either of a public officer, or of a private guardian or tutor.