The United States is Still a British Colony, Part 2
Bend Over America
Mark Twain: "You see, my kind of loyalty was loyalty to one's country, not to institutions or its officeholders. The country is the real thing; it is the thing to watch over and care for and be loyal to; institutions extraneous, they are its mere clothing, and clothing can wear out, become ragged, cease to be comfortable, cease to protect the body from winter, disease, and death. To be loyal to rags, to shout for rags, to worship rags, to die for rags--that is a loyalty of unreason; it is pure animal; it belongs to monarchy; was invented by monarchy; let monarchy keep it. I was from Connecticut, whose constitution declared "That all political power is inherent in the people, and all free governments are founded on their authority and instituted for their benefit, and that they have at all times an undeniable and indefensible right to alter their form of government in such a manner as they think expedient." Under that gospel, the citizen who thinks that the Commonwealth's political clothes are worn out and yet holds his peace and does not agitate for a new suit, is disloyal; he is a traitor. That he may be the only one who thinks he sees this decay does not excuse him; it is his duty to agitate, anyway, and it is the duty of others to vote him down if they do not see the matter as he does." Congressional Record, April 9, 1934
Mark Twain has stated very well what needs to be the motivation of all patriots, but any new government with leaders that do not allow God Almighty's Word and Law to reign Supreme will return to the ashes in which it was begun.
GUIDE TO THE FOOTNOTES
Footnote #1 - Chronology of North Carolina Governors and Original Virginia Colony, page 15
Footnote #2 - Virginia Charter, 1609, page 18
Footnote #3 - Virginia Charter, 1621, page 27
Footnote #4 - Charter creating the Council of State, 1621, page 29
Footnote #5 - Carolina Charter, 1663, page 31
Footnote #6 - Carolina Charter granting Proprietorship to eight lords, 1669, page 42
Footnote #7 - Florida Charter, 1763, page 65
Footnote #8 - Hudson Bay Charter, 1670, page 69
Footnote #9 - North Carolina Constitution, 1776, page 80
Footnote #10 - North Carolina Constitution, 1789, and latter amendments, page 88
Footnote #11 - Congressional Record, page 127
It's not an easy thing having to tell someone they have been conned into believing they are free. For some, to accept this is comparable to denying God Almighty.
You have to be made to understand that the United States is a corporation, which is a continuation of the corporate Charters created by the King of England. And that the states upon ratifying their individual State constitutions, became sub corporations under and subordinate to the United States. The counties and municipalities became sub corporations under the State Charters. It is my duty to report further evidence concerning the claims I made in "The United States is Still a British Colony, part 1."
I have always used a copy of the North Carolina Constitution provided by the State, I should have known better to take this as the finial authority. To my knowledge the following quote has not been in the Constitution the State hands out or those in use in the schools. The 1776 North Carolina Constitution created a new corporate Charter, and declared our individual freedoms. However, the same corporate Charter, reserved the King's title to the land, which restored, and did not diminish, his grants that were made in his early Charters. If you remember, I made the claim that legally we are still subject to the King. In the below quote you will see that the King declares our taxation will be forever, and that a fourth of all gold and silver will be returned to him.
"YIELDlNG AND PAYING yearly, to us, our heirs and Successors, for the same, the yearly Rent of Twenty Marks of Lawful money of England, at the Feast of All Saints, yearly, forever, The First payment thereof to begin and be made on the Feast of All Saints which shall be in the year of Our Lord One thousand six hundred Sixty and five; AND also, the fourth part of all Gold and Silver Ore which, with the limits aforesaid, shall, from time to time, happen to be found." (Feast of All Saints occurred November 1 of each year.) The Carolina Charter, 1663 Footnote #5
I know Patriots will have a hard time with this, because as I said earlier, they would have to deny what they have been taught from an early age. You have to continue to go back in historical documents and see if what you have been taught is correct. The following quote is from section 25 of the 1776 North Carolina Constitution, Declaration of Rights.
And provided further, that nothing herein contained shall affect the titles or possessions of individuals holding or claiming under the laws heretofore in force, or grants heretofore made by the late King George II, or his predecessors, or the late lords proprietors, or any of them. Declaration of Rights 1776, North Carolina Constitution, Footnote #8
Can it be any plainer? Nobody reads, they take what is told to them by their schools and government as gospel, and never look any further. They are quick to attack anyone that does because it threatens their way of life, rocks the boat in other words. Read the following quote from a court case:
"* * * definition given by Blackstone, vol. 2, p. 244. I shall therefore only cite that respectable authority in his own words: "Escheat, we may remember, was one of the fruits and consequences of feudal tenure; the word itself is originally French or Norman, in which language it signifies chance or accident, and with us denotes an obstruction of the course of descent, and a consequent determination of the tenure by some unforeseen contingency, in which case the estate naturally results back, by a kind of reversion, to the original grantor, or lord of the fee."
Every person knows in what manner the citizens acquired the property of the soil within the limits of this State. Being dissatisfied with the measures of the British Government, they revolted from it, assumed the government into their own hands, seized and took possession of all the estates of the King of Great Britain and his subjects, appropriated them to their own use, and defended their possessions against the claims of Great Britain, during a long and bloody war, and finally obtained a relinquishment of those claims by the treaty of Paris. But this State had no title to the territory prior to the title of the King of Great Britain and his subjects, nor did it ever claim as lord paramount to them. This State was not the original grantor to them, nor did they ever hold by any kind of tenure under the State, or owe it any allegiance or other duties to which an escheat is annexed. How then can it be said that the lands in this case naturally result back by a kind of reversion to this State, to a source from whence it never issued, and from tenants who never held under it? Might it not be stated with equal propriety that this country escheated to the King of Great Britain from the Aborigines, when he drove them off, and took and maintained possession of their country? At the time of the revolution, and before the Declaration of Independence, the collective body of the people had neither right to nor possession of the territory of this State; it is true some individuals had a right to, and were in possession of certain portions of it, which they held under grants from the King of Great Britain; but they did not hold, nor did any of his subjects hold, under the collective body of the people, who had no power to grant any part of it. After the Declaration of Independence and the establishment of the Constitution, the people may be said first to have taken possession of this country, at least so much of it as was not previously appropriated to individuals. Then their sovereignty commenced, and with it a right to all the property not previously vested in individual citizens, with all the other rights of sovereignty, and among those the right of escheats. This sovereignty did not accrue to them by escheat, but by conquest, from the King of Great Britain and his subjects; but they acquired nothing by that means from the citizens of the State each individual had, under this view of the case, a right to retain his private property, independent of the reservation in the declaration of rights; but if there could be any doubt on that head, it is clearly explained and obviated by the proviso in that instrument. Therefore, whether the State took by right of conquest or escheat, all the interest which the UK had previous to the Declaration of Independence still remained with them, on every principle of law and equity, because they are purchasers for a valuable consideration, and being in possession as cestui que trust under the statute for transferring uses into possession; and citizens of this State, at the time of the Declaration of Independence, and at the time of making the declaration of rights, their interest is secured to them beyond the reach of any Act of Assembly; neither can it be affected by any principle arising from the doctrine of escheats, supposing, what I do not admit, that the State took by escheat." MARSHALL v. LOVELESS, 1 N.C. 412 (1801), 2 S.A. 70
There was no way we could have had a perfected title to this land. Once we had won the Revolutionary War we would had to have had an unconditional surrender by the King; this did not take place. Not what took place at Yorktown, when we let the King off the hook. Barring this, the King would have to had sold us this land, for us to have a perfected title, just as the Indians sold their land to the King, or the eight Carolina Proprietors sold Carolina back to the King. The treaty of 1783 did not remove his claim and original title, because he kept the minerals. This was no different than when King Charles II gave Carolina by Charter to the lords that helped put him back in power; compare them and you will see the end result is the same. The Charter to the lords is Footnote #6, where eight proprietors were given title to the land, but the King retained the money and sovereignty for his heirs. The King could not just give up America to the colonialist, nor would he. He would violate his own law of Mortmain to put these lands in dead hands, no longer to be able to be used by himself, or his Heirs and Successors. He would also be guilty of harming his Heirs and Successors, by giving away that which he declared in the following quotes, and there are similar quotes in the other Charters:
"SAVING always, the Faith, Allegiance, and Sovereign Dominion due to us, our Heirs and Successors, for the same; and Saving also, the right, title, and interest of all and every our Subjects of the English Nation which are now Planted within the Limits bounds aforesaid, if any be;..." The Carolina Charter, 1663 Footnote #5
"KNOW YE, that We, of our further grace, certain knowledge, and mere motion, HAVE thought fit to Erect the same Tract of Ground, Country, and Island into a Province, and, out of the fullness of our Royal power and Prerogative, WE Do, for us, our Heirs and Successors, Erect, Incorporate, and Ordain the same into a province, and do call it the Province of CAROLINA, and so from henceforth will have it called..." The Carolina Charter, 1663 Footnote #5
The US Constitution is a treaty between the states creating a corporation for the King. In the below quote pay attention to the large "S" State and the small "s" state. The large "S" State is referring to the corporate State and it's sovereignty over the small "s" state, because of the treaty.
Read the following quote:
"Headnote 5. Besides, the treaty of 1783 was declared by an Act of Assembly of this State passed in 1787, to be law in this State, and this State by adopting the Constitution of the United States in 1789, declared the treaty to be the supreme law of the land. The treaty now under consideration was made, on the part of the United States, by a Congress composed of deputies from each state, to whom were delegated by the articles of confederation, expressly, "the sole and exclusive right and power of entering into treaties and alliances;" and being ratified and made by them, it became a complete national act, and the act and law of every state.
If, however, a subsequent sanction of this State was at all necessary to make the treaty law here, it has been had and repeated. By a statute passed in 1787, the treaty was declared to be law in this State, and the courts of law and equity were enjoined to govern their decisions accordingly. And in 1789 was adopted here the present Constitution of the United States, which declared that all treaties made, or which should be made under the authority of the United States, should be the supreme law of the land; and that the judges in every state should be bound thereby; anything in the Constitution or laws of any state to the contrary not withstanding. Surely, then, the treaty is now law in this State, and the confiscation act, so far as the treaty interferes with it, is annulled." "By an act of the Legislature of North Carolina, passed in April, 1777, it was, among other things, enacted, "That all persons, being subjects of this State, and now living therein, or who shall hereafter come to live therein, who have traded immediately to Great Britain or Ireland, within ten years last past, in their own right, or acted as factors, storekeepers, or agents here, or in any of the United States of America, for merchants residing in Great Britain or Ireland, shall take an oath of abjuration and allegiance, or depart out of the State." Treaties are the "Law of the Land" HAMILTON v. EATEN, 1 N.C. 641 (1796), HAMILTON v. EATEN. 2 Mart., 1. U.S. Circuit Court. (June Term, 1796.)
Your presence in the State makes you subject to its laws; read the following quote:
"The states are to be considered, with respect to each other, as independent sovereignties, possessing powers completely adequate to their own government, in the exercise of which they are limited only by the nature and objects of government, by their respective constitutions and by that of the United States. Crimes and misdemeanors committed within the limits of each are punishable only by the jurisdiction of that state where they arise; for the right of punishing, being founded upon the consent of the citizens, express or implied, cannot be directed against those who never were citizens, and who likewise committed the offense beyond the territorial limits of the state claiming jurisdiction. Our Legislature may define and punish crimes committed within the State, whether by citizen or strangers; because the former are supposed to have consented to all laws made by the Legislature, and the latter, whether their residence be temporary or permanent, do impliedly agree to yield obedience to all such laws as long as they remain in the State;" STATE v. KNIGHT, 1 N.C. 143 (1799), 2 S.A. 70
Do you understand now? The treaty, the corporate Charter, the North Carolina Constitution, by proxy of the electorates, created residence in the large "S" State. Not by some further act you made. So how can expatriation from the United States, remove your residence in the "State," which was created by treaty, ratified by our forefathers. As soon as the corporate Charter (treaty) was ratified we returned to subjection to the King of England, through the legal residence created by the treaty. Remember in the quote I gave earlier, by treaty we recanted our declared freedom, and returned to the King his sovereignty and title. In the following quote you will see that the State supreme court sits by being placed by the general assembly:
NC Supreme Court History Supreme Court of North Carolina A Brief History:
"The legal and historical origins of the Supreme Court of North Carolina lie in the State Constitution of 1776, which empowered the General Assembly to appoint; Judges of the Supreme Courts of Law and Equity; and; Judges of Admiralty.....The first meeting of the Court took place on January 1, 1819. The Court began holding two sittings, or terms, a year, the first beginning on the second Monday in June and the second on the last Monday in December. This schedule endured until the Constitution of 1868 prescribed the first Mondays in January and July for the sittings. Vacancies on the Court were filled temporarily by the Governor, with the assistance and advice of the Council of State, until the end of the next session of the state General Assembly." From the internet, address can be made available.
Council of State
What is the Council of State, and where did it originate?
III. "The one of which councils, to be called the Council of State (and whose office shall chiefly be assisting, with their care, advice, and circumspection, to the said governor) shall be chosen, nominated, placed, and displaced, from time to time, by us the said treasurer, council and company, and our successors: which Council of State shall consist, for the present only of these persons, as are here inserted,..."
IV. "The other council, more generally to be called by the governor, once yearly, and no oftener, but for very extraordinary and important occasions, shall consist for the present, of the said Council of State, and of two burgesses out of every town, hundred, or other particular plantation, to be respectively chosen by the inhabitants: which council shall be called The General Assembly, wherein (as also in the said Council of State) all matters shall be decided, determined, and ordered by the greater part of the voices then present; reserving to the governor always a negative voice. And this General Assembly shall have free power, to treat, consult, and conclude, as well of all emergent occasions concerning the public weal of the said colony and every part thereof, as also to make, ordain, and enact such general laws and orders, for the behoof of the said colony, and the good government thereof, as shall, from time to time, appear necessary or requisite;..." An Ordinance and Constitution of the Virginia Company in England. Footnote #4
The job of the 1st Council of State was to make sure the governor followed the King's wishes. The 2nd was The General Assembly, the laws they passed had to conform to the King's law. Read the following quote:
V. Whereas in all other things, we require the said General Assembly, as also the said Council of State, to imitate and follow the policy of the form of government, laws, customs, and manner of trial, and other administration of justice, used in the realm of England, as near as may be even as ourselves, by his majesty's letters patent, are required.
VI. Provided, that no law or ordinance, made in the said General Assembly, shall be or continue in force or validity, unless the same shall be solemnly ratified and confirmed, in a general quarter court of the said company here in England, and so ratified, be returned to them under our seal; it being our intent to afford the like measure also unto the said colony, that after the government of the said colony shall once have been well framed, and settled accordingly, which is to be done by us, as by authority derived from his majesty, and the same shall have been so by us declared, no orders of court afterwards, shall bind the said colony, unless they be ratified in like manner in the General Assemblies. In witness whereof we have hereunto set our common seal the 24th of July, 1621. . . .An Ordinance and Constitution of the Virginia Company in England. Footnote #4
The Council of State still exists today, although it has been modified several times. The first major change came in the1776, North Carolina Constitution, read the below quotes:
16. "That the senate and house of commons, jointly, at their first meeting, after each annual election, shall, by ballot, elect seven persons to be a Council of State for one year; who shall advise the governor in the execution of his office; and that four members shall be a quorum; their advice and proceedings shall be entered in a journal, to be kept for that purpose only, and signed by the members present; to any part of which any member present may enter his dissent. And such journal shall be laid before The General Assembly when called for by them." Footnote #9
19. "The governor, for the time being, shall have power to draw for and apply such sums of money as shall be voted by The General Assembly, for the contingencies of government, and be accountable to them for the same. He also may, by and with the advice of the Council of State, lay embargoes, or prohibit the exportation of any commodity, for any term not exceeding thirty days, at any one time in the recess of The General Assembly; and shall have the power of granting pardons and reprieves, except where the prosecution shall be carried on by The General Assembly, or the law shall otherwise direct; in which case, he may, in the recess, grant a reprieve until the next sitting of The General Assembly; and he may exercise all the other executive powers of government, limited and restrained, as by this constitution is mentioned, and according to the laws of the State. And, on his death, inability, or absence from the State, the speaker of the senate, for the time being, and in case of his death, inability, or absence from the State, the speaker of the house of commons, shall exercise the powers of government, after such death, or during such absence or inability of the governor, or speaker of the senate, or until a new nomination is made by The General Assembly." Footnote #9
20. "That, in every case, where any officer, the right of whose appointment is, by this constitution, vested in The General Assembly, shall, during their recess, die, or his office by other means become vacant, the governor shall have power, with the advice of the Council of State, to fill up such vacancy, by granting a temporary commission, which shall expire at the end of the next session of The General Assembly." Footnote #9
Also take notice who was not allowed to serve as Council of State:
26. "That no treasurer shall have a seat, either in the senate, house of commons, or Council of State, during his continuance in that office, or before he shall have finally settled his accounts with the public, for all the moneys which may be in his hands , at the expiration of his office, belonging to the State, and hath paid the same into the hands of the succeeding treasurer."
27. "That no officer in the regular army or navy, in the service and pay of the United States, of this State or any other State, nor any contractor or agent for supplying such army or navy with clothing or provisions, shall have a seat either in the senate , house of commons, or Council of State, or be eligible thereto; and any member of the senate, house of commons, or Council of State, being appointed to, and accepting of such office, shall thereby vacate his seat."
28. "That no member of the Council of State shall have a seat, either in the senate or house of commons."
30. "That no secretary of this State, attorney-general, or clerk of any court of record, shall have a seat in the senate, house of commons, or Council of State." Footnote #9
The King continued to rule through the Council of State until several things were in place, his bank, his laws, and tradition. The King succeeded by the acceptance of the American people that they were free, along with the whole of our history not being taught in our schools. The next change to the Council of State came at the conquest of this country, I referred to this in part 1, and in A Country Defeated In Victory.
Read this quote from the 1868 North Carolina constitution, Article 3, sec 14:
SEC. 14. "The Secretary of State, Auditor, Treasurer, Superintendent of Public Works, and Superintendent of Public Instruction, shall constitute ex officio, the Council of State, who shall advise the Governor in the execution of his office, and three of whom shall constitute a quorum; their advice and proceedings in this capacity shall be entered in a Journal, to be kept for this purpose exclusively, and signed by the members present, from any part of which any member may enter his dissent; and such journal shall be placed before The General Assembly when called for by either House. The Attorney General shall be, ex offici, the legal adviser of the Executive Department." Footnote #10
After the Civil War, the conquest of America, you see those that were allowed to be Council of State, were elected officials. Under the 1776 North Carolina Constitution, it was unlawful for these elected officials to be Council of State. Why? Because, the King could not trust the common man to obey him, now that they thought they were free. After the Civil War the Council of State was no longer needed to fulfill the public policy of the King, the Council of State still exists today, but in a reduced capacity as far as the King was concerned. Now he had the 14th Amendment, his lawyers in the government, his bankers in control of the government's money, and above all greed that causes most in office to continue the status quo.
The Federal Reserve, Taxes and Tax Court
What I will show you next will shock you. I made brief mention in part 1, that taxes paid in this country were under treaty to the King of England. How about if I told you that the law that created our taxes and this country's tax court go back in history to William the Conqueror. And to further help you understand the below definitions, exchequer is the British branch of the Federal Reserve.
Exchequer: "The English department of revenue. A very ancient court of record, set up by William the Conqueror, as a part of the aula regia, and intended principally to order the revenues of the crown, and to recover the King's debts and duties. It was called exchequer, "scaccharium," from the checked cloth, resembling a chessboard, which covers the table." Ballentine's Law Dictionary
Exchequer: "That department of the English government which has charge of the collection of the national revenue; the treasury department." Black's Law Dictionary 4th ed.
Exchequer: "In English Law. A department of the government which has the management of the collection of the King's revenue." Bouvier's Law Dictionary 1914 ed.
Court of Exchequer: "56. The court of exchequer is inferior in rank not only to the court of King's bench, but to the common pleas also: but I have chosen to consider it in this order, on account of its double capacity, as a court of law and a court of equity  also. It is a very ancient court of record, set up by William the Conqueror, as a part of the aula regia, though regulated and reduced to its present order by King Edward I; and intended principally to order the revenues of the crown, and to recover the King's debts and duties. It is called the exchequer, scaccharium, from the chequed cloth, resembling a chess-board, which covers the table there; and on which, when certain of the King's accounts are made up, the sums are marked and scored with counters. It consists of two divisions; the receipt of the exchequer, which manages the royal revenue, and with which these Commentaries have no concern; and the court or judicial part of it, which is again subdivided into a court of equity, and a court of common law." Black Stone Commentaries Book III, pg 1554
Court of Exchequer: "An English superior court with jurisdiction of matter of law and matters involving government revenue." Ballentine's Law Dictionary
Court of Exchequer: "A court for the correction and prevention of errors of law in the three superior common-law courts of the kingdom.
A court of exchequer chamber was first erected by statute 31 Edw. III. C. 12, to determine causes upon writs of error from the common-law side of the exchequer court. It consisted of the chancellor, treasurer, and the "justices and other sage persons as to them seemeth." The judges were merely assistants. A second court of exchequer chamber was instituted by statute 27 Eliz. C. 8, consisting of the justices of the common pleas and the exchequer, or any six of them, which had jurisdiction in error of cases in the King's bench. In exchequer chamber substituted in their place as an intermediate court of appeal between the three common-law courts and Parliament. It consisted of the judges of the two courts which had not rendered the judgment in the court below. It is now merged in the High Court of Justice." Bouvier's Law Dictionary 1914 ed.
It gets worse; are you just a little ticked off, or maybe you are starting to question what you have been taught all these years? It's time to wake up America!
If you'll look at the Judiciary Act of 1789 (I know most won't take time to read it), you'll see that all district courts are admiralty courts. This is the King's court of commerce, in which he is the plaintiff, recovering damages done against him, or what belongs to him. The equity court of the exchequer: "57. The court of equity is held in the exchequer chamber before the lord treasurer, the chancellor of the exchequer, the chief baron, and three puisne ones. These Mr. Selden conjectures to have been anciently made out of such as were barons of the kingdom, or parliamentary barons; and thence to have derived their name: which conjecture receives great strength from Bracton's explanation of magna carta, c.14, which directs that the earls and barons be amerced by their peers; that is, says he, by the barons of the exchequer. The primary and original business of this court is to call the King's debtors to account, by bill filed by the attorney general; and to recover any lands, tenements, or hereitaments, any goods, chattels, or other profits or benefits, belonging to the crown. So that by their original constitution the jurisdiction of the courts of common pleas, King's bench, and exchequer, was entirely separate and distinct; the common pleas being intended to decide all controversies between subject and subject; the King's bench to correct all crimes and misdemeanors that amount to a breach of the peace, the King being then the plaintiff, as such offenses are in open derogation of the jura regalia (regal rights) of his crown; and the exchequer to adjust  and recover his revenue, wherein the King also is plaintiff, as the withholding and nonpayment thereof is an injury to his jura fiscalia (fiscal rights). But, as by a fiction almost all sorts of civil actions are now allowed to be brought in the King's bench, in like manner by another fiction all kinds of personal suits may be prosecuted in the court of exchequer. For as all the officers and ministers of this court have, like those of other superior courts, the privilege of suing and being sued only in their own court; so exchequer, are privileged to sue and implead all manner of persons in the same court of equity that they themselves are called into. They have likewise privilege to sue and implead one another, or any stranger, in the same kind of common-law actions (where the personalty only is concerned) as are prosecuted in the court of common pleas." Black Stone Commentaries Book III, pg 1554
The common-law court of the exchequer: "58. This gives original to the common-law part of their jurisdiction, which was established merely for the benefit of the King's accountants, and is exercised by the barons only of the exchequer, and not the treasurer or chancellor. The writ upon which the plaintiff suggests that he is the King's farmer or debtor, and that the defendant hath done him the injury or damage complained of; quo minus sufficient exist, by which he is the less able, to pay the King his debt or rent. And these suits are expressly directed, by what is called the statute of Rutland, to be confined to such matters only as specially concern the King or his ministers of the exchequer. And by the articuli super cartas it is enacted that no common pleas be thenceforth holden in the exchequer, contrary to the form of the great charter. But not, by the suggestion of privilege, any person may be admitted to sue in the exchequer as well as the King's accountant. The surmise of being debtor to the King has, therefore, become matter of form and mere words, of course, and the court is open to all the nation equally. The same applies with regard to the equity side of the court: for there any person may file  a bill against another upon a bare suggestion that he is the King's accountant; but whether he is so or not is never controverted. In this court, on the nonpayment of titles; in which case the surmise of being the King's debtor is no fiction, they being bound to pay him their first-fruits, and annual tenths. But the chancery has of late years obtained a large share in this business." Black Stone Commentaries Book III, pg 1555
Definition of a legal fiction: For a discussion of fictions in law, see chapter II of Maine's Ancient Law, and Pollock's note D in his edition of the Ancient Law. Blackstone gives illustrations of legal fictions on pages 43, 45, 153, 203 of this book. Mr Justice Curtis (Jurisdiction of United States Courts, 2d ed., 148) gives the following instance of a fiction in our practice:
"A suit by or against a corporation in its corporate name may be presumed to be a suit by or against citizens of the state which created the corporate body, and no averment or denial to the contrary is admissible for the purpose of withdrawing the suit from the jurisdiction of a court of the United States.
There is the Roman fiction: The court first decides the law, presumes all the members are citizens of the state which created the corporation, and then says, 'you shall not traverse that presumption;' and that is the law now. (Authors note: by your residence you are incorporated) Under it, the courts of the United States constantly entertain suits by or against corporations. (Muller v. Dows, 94 U. S. 444, 24 L. Ed. 207.) It has been so frequently settled, that there is not the slightest reason to suppose that it will ever be departed from by the court. It has been repeated over and over again in subsequent decisions; and the supreme court seems entirely satisfied that it is the right ground to stand upon; and, as I am now going to state to you, they have applied it in some cases which go beyond, much beyond, these decisions to which I have referred. So that when a suit is to be brought in a court of the United States by or against a corporation, by reason of the character of the parties, you have only to say that this corporation (after naming it correctly) was created by a law of the state; and that is exactly the same in its consequences as if you could allege, and did allege, that the corporation was a citizen of that state. According to the present decisions, it is not necessary you should say that the members of that corporation are citizens of Massachusetts. They have passed beyond that. You have only to say that the corporation was created by a law of the state of Massachusetts, and has its principal place of business in that state; and that makes it, for the purposes of jurisdiction, the same as if it were a citizen of that state" See Pound, Readings in Roman Law, 95n. Black Stone Commentaries Book III, pg 1553
Combine this with what I said earlier concerning power of the treaty and its creation of the corporate State, and you now know why you are not allowed to challenge residence or subjection in the State Courts. And because of the treaty, residence in the State is synonymous with residence in the district. I know this puts a sour taste in your mouth, because it does mine, but that is the condition in which we find ourselves. The only way I see to change it, is to change the treaty and reinforce the original Declaration of Independence, but this would meet severe objection on the part of the international Bankers, and of course the King's heirs in England. And most Americans, even if they were aware of this information, would have no stomach for the turmoil this would cause.
Still a little fuzzy on what has taken place, the word Exchequer is still used today? In Britain the Exchequer is the Federal Reserve, the same as our Federal Reserve. They just changed the name here as they have done many things to cloud what is taking place, hoping no one would catch on. Who wrote the Federal Reserve Act, and put it in place in this country? Bankers from the Bank of England with their counter part in New York!
Congressman McFadden: "I hope that is the case, but I may say to the gentleman that during the sessions of this Economic Conference in London there is another meeting taking place in London. We were advised by reports from London last Sunday of the arrival of George L. Harrison, Governor of the Federal Reserve Bank of New York, and we were advised that accompanying him was Mr. Crane, the Deputy Governor, and James P. Warburg, of the Kuhn-Loeb banking family, of New York and Hamburg, Germany, and also Mr. O. M. W. Sprague, recently in the pay of Great Britain as chief economic and financial adviser of Mr. Norman, Governor of the Bank Of England, and now supposed to represent our Treasury. These men landed in England and rushed to the Bank of England for a private conference, taking their luggage with them, before even going to their hotel. We know this conference has been taking place for the past 3 days behind closed doors in the Bank of England with these gentlemen meeting with heads of the Bank of England and the Bank for International Settlements, of Basel, Switzerland, and the head of the Bank France, Mr. Maret. They are discussing war debts; they are discussing stabilization of exchanges and the Federal Reserve System, I may say to the Members of the House.
The Federal reserve System, headed by George L. Harrison, is our premier, who is dealing with debts behind the closed doors of the Bank of England; and the United States Treasury is there, represented by O. M. W. Sprague, who until the last 10 days was the representative of the Bank of England, and by Mr. James P. Warburg, who is the son of the principal author of the Federal Reserve Act. Many things are being settled behind the closed doors of the Bank of England by this group. No doubt this group were pleased to hear that yesterday the Congress passed amendments to the Federal Reserve Act and that the President signed the bill which turns over to the Federal Reserve System the complete total financial resources of money and credit in the United States. Apparently the domination and control of the international banking group is being strengthened....Congressional Record, June 14, 1934
What else does the Exchequer do? The government (Congress) puts up bonds (bills of credit) on the international market, that the Federal Reserve (Exchequer) prints fiat money, for which the government (Congress) is the guarantor for, read the following quote:
Exchequer Bills: Bills of credit issued by authority of parliament. They constitute the medium of transaction of business between the Bank of England and the government. The exchequer bills contain a guarantee from government which secures the holders against loss by fluctuation. Bouvier's Law Dictionary1914 ed.
Also re-read "A Country Defeated In Victory." Who do you think the national debt is owed to? If that's not bad enough the bond indebtedness allowed the King to foreclose on his colony when it was time for the one World government, the King/bankers caused us to reorganize under bankruptcy. The Bank of England allowed the United States to use you and I (our labor) for collateral and all the property in America, read the following quote:
Congressman Lemke: "....This nation is bankrupt; every State in this Union is bankrupt; the people of the United States, as a whole, are bankrupt. The public and private debts of this Nation, which are evidenced by bonds, mortgages, notes, or other written instruments to about $250 billion, and it is estimated that there is about $50 billion of which there is no record, making in all about $300 billion of public and private debts. The total physical cash value of all the property in the United States is now estimated at about $70 billion. That is more than it would bring if sold at public auction. In this we do not include debts or the evidence of debts, such as bonds, mortgages, and so forth. These are not physical property. They will have to be paid out of the physical property. How are we going to pay $300 billion with only $70 billion?" Congressional Record, March 3, 1934, Footnote #10
This debt was more than could be paid as of 1934, this caused the declared bankruptcy by President Roosevelt. Now the national debt is over 12 trillion. The government only tells you about 5 trillion, they don't tell you about the corporate debt, which America is also guarantor for. Add to that the personal debt; you know credit cards and home loans, and it approaches 20 trillion. Mix this with a super inflated stock market and a huge trade deficit, and that is what brings you to understand my subtitle for this paper. BEND OVER AMERICA. What could possibly be the purpose of the international bankers allowing our nation to over extend so badly and not cut us off? When back in 1934 they could have legally seized the whole country. We are being used for the purpose of the international bankers which is loaning money to third world countries, to enslave them as we are, to colonize the world for Britain, and to use our military machine to control unruly countries and to collect the King's debt. There will soon be a United Nations personal income tax for the whole world. The end purpose of the international bankers, is a one world government, with England as the center of government and the international bankers calling the shots.
Don't despair all these things have to come to pass. I used to think; what if? Jesus Word says, these things have to take place for the world government to come to pass.
I am going to share a dream I had, July 1992, at the risk of being ridiculed. I told my friend who is mentioned in the dream, the next day. At that time neither of us understood the dream, but about a month later I started to understand when I began learning about admiralty law and where our admiralty law came from. As time has passed I have come to understand the dream, because of further information coming to light, such as the information contained in part 1, and part 2, which you are now reading. I knew when I woke up that the dream was not the normal nonsense you can sometimes experience in a dream. And I might add I dream very seldom; after having this dream I was given the desire to write down and pass along the information that has been brought my way, via. the Holy Spirit. The information has defined the dream not the other way around.
July 1992 A record of a dream I had. I was what appeared to be hovering above the below scene, and it appeared to be three dimensional, like the scene had texture. It was also in color, with the smell of war in the air. I awoke at 5:00 AM, and was wide awake and immediately wrote down what took place in my dream.
A friend and I were among thousands of Christians that were massed together awaiting execution. I saw untold thousands of Christians executed before us. There were many troops guarding us, these troops were British; they had on Revolutionary War clothing and were carrying the old style muskets.
The people that went before us to be executed went voluntarily. They went out of some false sense of duty to this envisioned government, that was British controlled. These people were in ranks waiting to be lead away to their death. While standing in the ranks my friend and I kept looking at one another, but we were separated by what seemed to be hundreds of people.
Just before they called our number they lead us away (untold thousands) under guard to return later. I asked some of the people in the ranks to step aside so I could get next to my friend. I told him that while I was in the ranks awaiting death, the Holy Spirit told me not to listen to their reasons for death, but to consider His reasons (Holy Spirit's) for the sanctity of life and that we were to do whatever it took to stay alive and defeat the beast. I saw myself tapping my friend on the head, and told him this was an example of how the Holy Spirit related to me, that He wanted our attention.
The Holy Spirit said we were to go and do the Holy Spirit's bidding no matter where it led us and that we would be protected. We both looked at each other and decided we could not die voluntarily as the other Christians. We looked at each other and said this is crazy, my friend said this is voluntary just like being a Fourteenth Amendment citizen. We then walked out of the ranks right in front of the British guards, unseen and escaped.
Keep in mind you cannot control your dreams. Does God Almighty still communicate through dreams as he did with George Washington? The Bible makes it clear He does. Whether this dream is a product of uncontrolled imagination while asleep, or insight from the Holy Spirit, I will only say, let history decide. I am satisfied of the dream's origin, because of its fulfillment through recent knowledge, that wasn't known at that time. I hope you will read the rest of the documentation in the footnotes following this commentary.
Chronology of North Carolina Governors Original Virginia Colony
Ralph Lane, 1585 - 1586
John White, 1587
Commander of the Southern Plantation
Samuel Stephens, 1662 - 1664 (later governor under Lords Proprietors)
William Drummond, 1664 - 1667
Samuel Stephens, 1667 - 1669 (previously Commander of the Southern Plantation)
Peter Carteret, 1670 - 1672
John Jenkins, 1672 - 1677 (first of two terms)
Thomas Eastchurch, 1676 - 1678 (never actually served)
Thomas Miller, 1677
John Harvey, 1679
John Jenkins, 1679 - 1681 (second term)
Philip Ludwell, 1689 - 1691
Thomas Jarvis, 1691 - 1694
John Archdale, 1694 - 1696
Thomas Harvey, 1696 - 1699
Henderson Walker, 1699 - 1704
Robert Daniel, 1704 - 1705
Thomas Cary, 1705 - 1706 (first of two terms)
William Glover, 1706 - 1708
Thomas Cary, 1708 - 1711 (second of two terms)
Edward Hyde, 1711 - 1712
Thomas Pollock, 1712 - 1714 (first of two terms)
Charles Eden, 1714 - 1722
Thomas Pollock, 1722 (second of two terms)
William Reed, 1722 - 1724
George Burrington, 1724 - 1725 (later royal governor)
Richard Everard, 1725 - 1731
George Burrington, 1731 - 1734 (previously governor under the Lords Proprietors)
Gabriel Johnston, 1734 - 1752
Nathaniel Rice, 1752 - 1753
Matthew Rowan, 1753 - 1754
Arthur Dobbs, 1754 - 1765
William Tryon, 1675 - 1771
James Hasell, 1771
Josiah Martin, 1771 - 1775
Governors of the State of North Carolina
Richard Caswell, 1776 - 1780 (first of two terms)
Abner Nash, 1780 - 1781
Thomas Burke, 1781 - 1782
Alexander Martin, 1782 - 1785 (first of two terms)
Richard Caswell, 1784 - 1787 (second of two terms)
Samuel Johnston, 1787 - 1789
Alexander Martin, 1789 - 1792 (second of two terms)
Richard Dobbs Spaight, Sr., 1792 - 1795
Samuel Ashe, 1795 - 1798
William Richardson Davie, 1798 - 1799
Benjamin Williams, 1799 - 1802 (first of two terms)
James Turner, 1802 - 1805
Nathaniel Alexander, 1805 - 1807
Benjamin Williams, 1807 - 1808 (second of two terms)
David Stone, 1808 - 1810
Benjamin Smith, 1810 - 1811
William Hawkins, 1811 - 1814
William Miller, 1814 - 1817
John Branch, 1817 - 1820
Jesse Franklin, 1820 - 1821
Gabriel Holmes, 1821 - 1824
Hutchins Gordon Burton, 1824 - 1827
James Iredell, Jr., 1827 - 1828
John Owen, 1828 - 1830
Montford Stokes, 1830 - 1832
David Lowry Swain, 1832 - 1835
Richard Dobbs Spaight, Jr., 1835 - 1836
Edward Dudley Bishop, 1836 - 1841
John Motley Morehead, 1841 - 1845
William Alexander Graham, 1845 - 1849
Charles Manly, 1849 - 1850
David Steele Reid, 1851 - 1854
Warren Winslow, 1854 - 1855
Thomas Bragg, 1855 - 1859
John Willis Ellis, 1859 - 1861
Henry Toole Clark, 1861 - 1862
Zebulon Baird Vance, 1862 - 1865 (first of two terms)
William Woods Holden, 1865 (first of two terms)
Jonathan Worth, 1865 - 1868
William Woods Holden, 1868 - 1870
Tod Robinson Caldwell, 1870 - 1874
Curtis Hooks Brogden, 1874 - 1877
Zebulon Baird Vance, 1877 - 1879 (second of two terms)
Thomas Jordan Jarvis, 1879 - 1885
James Lowry Robinson, 1883
Alfred Moore Scales, 1885 - 1889
David Gould Fowle, 1889 - 1891
Thomas Michael Holt, 1891 - 1893
Elias Carr, 1893 - 1897
Daniel Lindsay Russell, 1897 - 1901
Charles Brantley Aycock, 1901 - 1905
Robert Broadnax Glenn, 1905 - 1909
William Walton Kitchin, 1909 - 1913
Locke Craig, 1913 - 1917
Thomas Walter Bickett, 1917 - 1921
Cameron Morrison, 1921 - 1925
Angus Wilton McLean, 1925 - 1929
Oliver Max Gardner, 1929 - 1933
John Christoph Blucher Ehringhaus, 1933 - 1937
Clyde Roark Hoey, 1937 - 1941
Joseph Melville Broughton, 1941 - 1945
Robert Gregg Cherry, 1945 - 1949
William Kerr Scott, 1949 - 1953
William Bradley Umstead, 1953 - 1954
Luther Hartwell Hodges, 1954 - 1961
Terry Sanford, 1961 - 1965
Dan Killian Moore, 1965 - 1969
Robert Walker Scott, 1969 - 1973
James Eubert Holshouser, Jr., 1973 - 1977
James Baxter Hunt, Jr., 1977 - 1985 (first of two terms)
James Grubbs Martin, 1985 - 1993
James Baxter Hunt, Jr., 1993 - Present
THE SECOND VIRGINIA CHARTER
The Second Virginia Charter May 23, 1609
James, by the grace of God [King of England, Scotland, France and Ireland, defender of the faith, etc.] To all [to whom these presents shall come, greeting.] Whereas, at the humble suite and request of sondry our loving and well disposed subjects intending to deduce a colony and to make habitation and plantation of sondry of our people in that part of America commonly called Virginia, and other part and territories in America either apperteyning unto us or which are not actually possessed of any Christian prince or people within certain bound and regions, we have formerly, by our letters patents bearing date the tenth of April in the fourth year of our reign of England, France, and Ireland, and the nine and thirtieth of Scotland, granted to Sir Thomas Gates, Sir George Somers and others, for the more speedy accomplishment of the said plantation and habitation, that they should divide themselves into two colonies, the one consisting of diverse Knights, gentlemen, merchants and others of our city of London, called the First Colony; and the other of sondry Knights, gentlemen and others of the cities of Bristoll, Exeter, the town of Plymouth, and other places, called the Second Colony and have yielded and granted main and sondry priviledges and liberties to each Colony for their quiet setling and good government therein, as by the said letters patents more at large appeareth. Now, forasmuch as diverse and sondry of our loving subjects, as well adventurers as planters, of the said First Colony (which have already engaged themselves in furthering the business of the said plantation and do further intend by the assistance of Almighty God to prosecute the same to a happy end) have of late been humble suiters unto us that, in respect of their great charges and the adventure of many of their lives which they have hazarded in the said discovery and plantation of the said country, we would be pleased to grant them a further enlargement and explanation of the said grant, priviledge, and liberties, and that such counsellors and other officers may be appointed amongest them to manage and direct their affairs [as] are willing and ready to adventure with them; as also whose dwellings are not so far remote from the city of London but that they may at convenient times be ready at hand to give advice and assistance upon all occacions requisite. We, greatly affecting the effectual prosecution and happy success of the said plantation and comending their good desires therein, for their further encouragement in accomplishing so excellent a work, much pleasing to God and profitable to our Kingdoms, do, of our special grace and certain knowledge and mere motion, for us, our Heirs and Successors, give, grant and confirm to our trusty and welbeloved subjects. [Subjects deleted by author, because of space]
And to such and so many as they do or shall hereafter admit to be joined with them, in form hereafter in these presents expressed, whether they go in their persons to be planters there in the said plantation, or whether they go not, but do adventure their monies, goods, or chattels, that they shall be one body or communalty perpetual and shall have perpetual succession and one common seal to serve for the said body or communalty; and that they and their successors shall be known, called and incorporated by the name of The Treasurer and Company of Adventurers and Planters of the City of London for the First Colony in Virginia. And that they and their successors shall be from henseforth, forever enabled to take, acquire and purchase, by the name aforesaid (license for the same from us, our Heirs or Successors first had and obtained) any manner of lands, tenements and hereditaments, goods, and chattels, within our realm of England and dominion of Wales; and that they and their successors shall be likewise enabled, by the name aforesaid, to plead and to be impleaded before any of our judges or justices, in any [of] our courts, and in any actions or suits whatsoever. And we do also, of our said special grace, certain knowledge and mere motion, give, grant and confirm unto the said Treasurer and Company, and their successors, under the reservasions, limitations and declarations hereafter expressed, all those lands, countries and territories situate, lying and being in that place of America called Virginia, from the point of land called Cape or Point Comfort all along the seacoast to the northward two hundred miles and from the said pointe of Cape Comfort all along the sea coast to the southward two hundred miles; and all that space and circuit of land lying from the sea coast of the precinct aforesaid up unto the land, throughout, from sea to sea, west and northwest; and also all the island being within one hundred miles along the coast of both seas of the precinct aforesaid; together with all the soil, grounds, havens, and ports, mines, as well royal mines of gold and silver as other minerals, pearls and precious stones, quarries, woods, rivers, waters, fishings, comodities, jurisdictions, royalties, priviledges, franchises and preheminences within the said territory and the precincts there of whatsoever; and thereto or thereabouts, both by sea and land, being or in any sort belonging or appertaining, and which we by our letters patents may or can grant; and in as ample manner and sort as we or any [of] our noble progenitors have heretofore granted to any company, body pollitique or corporate, or to any adventurer or adventurers, undertaker or undertakers, of any discoveries, plantations or traffique of, in, or into any foreign parts whatsoever; and in as large and ample manner as if the same were herein particularly mentioned and expressed: to have, hold, possess and enjoy all and singular the said lands, countries and territories with all and singular other the premises heretofore by these [presents] granted or mentioned to be granted, to them, the said Treasurer and Company, their successors and assigns, forever; to the sole and proper use of them, the said Treasurer and Company, their successors and assigns [forever], to be holden of us, our Heirs and Successors, as of our manner of Estgreenewich, in free and common socage and not in capite; yelding and paying, therefore, to us, our Heirs and Successors, the fifth part only of all our of gold and silver that from time to time, and at all times hereafter, shall be there gotten, had and obtained, for all manner of service.
And, nevertheless, our will and pleasure is, and we do by these presents charge, commannd, warrant and authorize, that the said Treasurer and Company and their successors, or the major part of them which shall be present and assembled for that purpose, shall from time to time under their common seal distribute, convey, assign and set over such particular portions of lands, tenements and hereditaments, by these presents formerly granted, unto such our loving subjects naturally born of denizens, or others, as well adventurers as planters, as by the said Company, upon a commission of survey and distribution executed and returned for that purpose, shall be named, appointed and allowed, wherein our will and pleasure is, that respect be had as well of the proportion of the adventure[r] as to the special service, hazard, exploit or merit of any person so as to be recompensed, advanced or rewarded. And for as much as the good and prosperous success of the said plantation cannot but chiefly depend, next under the blessing of God and the support of our royal authority, upon the provident and good direction of the whole enterprise by a careful and understanding Counsel, and that it is not convenient that all the adventurers shall be so often drawn to meet and assemble as shall be requisite for them to have meetings and conference about their affaires, therefore, we do ordain, establish and confirm that there shall be perpetually one Counsel here resident, according to the tenor of our former letters patents, which Counsel shall have a seal for the better government and administration of the said plantation besides the legal seal of the Company or Corporation, as in our former letetes patents is also expressed.
And further we establish and ordain that
Henry, Earl of Southampton
William, Earl of Pembrooke
Henry, Earl of Lincoln
Thomas, Earl of Exeter
Robert, Lord Viscounte Lisle
Lord Theophilus Howard
James, Lord Bishop of Bathe and Wells
Edward, Lord Zouche
Thomas, Lord Laware
William, Lord Mounteagle
Edmund, Lord Sheffeilde
Grey, Lord Shanndoys [Chandois]
John, Lord Stanhope
George, Lord Carew
Sir Humfrey Welde, Lord Mayor of London
Sir Edward Cecil
Sir William Waad [Wade]
Sir Henry Nevill
Sir Thomas Smith
Sir Oliver Cromwell
Sir Peter Manwood
Sir Thomas Challoner
Sir Henry Hovarte [Hobart]
Sir Franncis Bacon
Sir George Coppin
Sir John Scott
Sir Henry Carey
Sir Roberte Drurie [Drury]
Sir Horatio Vere
Sir Eward Conwaye [Conway]
Sir Maurice Berkeley [Barkeley]
Sir Thomas Gates
Sir Michael Sands [Sandys]
Sir Robert Mansfeild [Mansel]
Sir John Trevor
Sir Amyas Preston
Sir William Godolphin
Sir Walter Cope
Sir Robert Killigrewe
Sir Henry Faushawe [Fanshaw]
Sir Edwyn Sandes [Sandys]
Sir John Watts
Sir Henrie Montague
Sir William Romney
Sir Thomas Roe
Sir Baptiste Hicks
Sir Richard Williamson
Sir Stephen Powle [Poole]
Sir Dudley Diggs
Christopher Brooke, [Esq.]
John Eldred, and
shall be our Counsel for the said Company of Adventurers and Planters in Virginia.
And the said Sir Thomas Smith we ordain to be Treasurer of the said Company, which Treasurer shall have authority to give order for the warning of the Counsel and summoning the Company to their courts and meetings.
And the said Counsel and Treasurer or any of them shall be from henceforth nominated, chosen, continued, displaced, changed, altered and supplied, as death or other several occasions shall require, out of the Company of the said adventurers by the voice of the greater part of the said Counsel and adventurers in their assembly for that purpose; provided always that every Councellor so newly elected shall be presented to the Lord Chancellor of England, or to the Lord High Treasurer of England, or the Lord Chambleyne of the houshold of us, our Heirs and Successors, for the time being to take his oath of a Counsellor to us, our Heirs and Successors, for the said Company and Colony in Virginia.
And we do by these presents, of our special grace, certain knowledge and mere motion, for us, our Heirs and Successors, grant unto the said Treasurer and Company and their successors, that if it happen at any time or times the Treasurer for the time being to be sick, or to have any such cause of absent from the city of London as shall be allowed by the said Counsel or the greater part of them assembled, so as he cannot attend the affairs of that Company, in every such case it shall and may be lawful for such Treasurer for the time being to assign, constitute and appoint one of the Counsel for Company to be likewise allowed by the Counsel or the greater part of them assembled to be the deputy Treasurer for the said Company; which Deputy shall have power to do and execute all things which belong to the said Treasurer during such time as such Treasurer shall be sick or otherwise absent, upon cause allowed of by the said Counsel or the major part of them as aforesaid, so fully and wholy and in as large and ample manner and form and to all intents and purposes as the said Treasurer if he were present himself may or might do and execute the same.
And further of our special grace, certain knowledge and mere motion, for us, our Heirs and Successors, we do by these presents give and grant full power and authority to our said Counsel here resident as well at this present time as hereafter, from time to time, to nominate, make, constitute, ordain and confirm by such name or names, style or styles as to them shall seem good, and likewise to revoke, discharge, change and alter as well all and singular governors, officers and ministers which already hath been made, as also which hereafter shall be by them thought fit and meedefull to be made or used for the government of the said Colony and plantation.
And also to make, ordain and establish all manner of orders, laws, directions, instructions, forms and ceremonies of government and magistracy, fit and necessary, for and concerning the government of the said Colony and plantation; and the same at all times hereafter to abrogate, revoke or change, not only within the precincts of the said Colony but also upon the seas in going and coming to and from the said Collony, as they in their good discrecions shall think to be fittest for [the] good of the adventurers and inhabiters there.
And we do also declare that for diverse reasons and considerasions us there unto especially moving, our will and pleasure is and we do hereby ordain that immediately from and after such time as any such governor or principal officer so to be nominated and appointed by our said Counsel for the government of the said Colony, as aforesaid, shall arrive in Virginia and give notice unto the Colony their resident of our pleasure in this behalf, the government, power and authority of the President and Counsel, heretofore by our former letters patents there established, and all laws and constitutions by them formerly made, shall utterly cease and be determined; and all officers, governors and ministers formerly constituted or appointed shall be discharged, anything in our said former letters patents concerning the said plantation contained in anywise to the contrary notwithstanding; straightly charging and commanding the President and Counsel now resident in the said Colony upon their allegiance after knowledge given unto them of our will and pleasure by these presents signified and declared, that they forthwith be obedient to such governor or governers as by our said Counsel here resident shall be named and appointed as aforesaid; and to all directions, orders and commandments which they shall receive from them, as well in the present resigning and giving up of their authority, offices, charge and places, as in all other attendance as shall be by them from time to time required.
And we do further by these presents ordain and establish that the said Treasurer and Counsel here resident, and their successors or any fewer of them assembled (the Treasurer being one), shall from time to time have full power and authority to admit and receive any other person into their company, corporation and freedom; and further, in a general assembly of the adventurers, with the consent of the greater part upon good cause, to disfranchise and put out any person or persons out of the said fredom and Company.
And we do also grant and confirm for us, our Heirs and Successors that it shall be lawful for the said Treasurer and Company and their successors, by direction of the Governors there, to dig and to search for all manner of mines of gold, silver, copper, iron, lead, tin, and other minerals as well within the precincts aforesaid as within any part of the main land not formerly granted to any other; and to have and enjoy the gold, silver, copper, iron, lead, and tin, and all other minerals to be gotten thereby, to the use and behoof of the said Company of Planters and Adventurers, yielding, therefore, and paying yearly unto us, our Heirs and Successors, as aforesaid.
And we do further of our special grace, certain knowledge and mere motion, for us, our Heirs and Successors, grant, by these presents to and with the said Treasurer and Company and their successors, that it shall be lawful and free for them and their assigns at all and every time and times hereafter, out of our realm of England and out of all other [our] dominions, to take and lead into the said voyage, and for and towards the said plantation, and to travel thitherwards and to abide and inhabit therein the said Colony and plantation, all such and so many of our loving subjects, or any other strangers that will become our loving subjects and live under our allegiance, as shall willingly accompany them in the said voyage and plantation with sufficient shipping armor, weapons, ordinance, munition, powder, shot, victuals, and such merchandize or wares as are esteemed by the wild people in those parts, clothing, implements, furniture, cattle, horses and mares, and all other things necessary for the said plantation and for their use and defence and trade with the people there, and in passing and returning to and from without yielding or paying subsidy, custom, imposition, or any other tax or duties to us, our Heirs or Successors, for the space of seven years from the date of these presents; provided, that none of the said persons be such as shall be hereafter by special name restrained by us, our Heirs or Successors.
And for their further encouragement, of our special grace and favour, we do by these present for us, our Heirs and Successors, yield and grant to and with the said Treasurer and Company and their successors and every of them, their factors and assigns, that they and every of them shall be free and quiet of all subsidies and customs in Virginia for the space of one and twenty years, and from all taxes and impositions forever, upon any goods or merchandizes at any time or times hereafter, either upon importation thither or exportation from thence into our realm of England or into any other of our [realms or] dominions, by the said Treasurer and Company and their successors, their deputies, factors [or] assigns or any of them, except only the five pound per cent due for custom upon all such good and merchandizes as shall be brought or imported into our realm of England or any other of these our dominions according to the ancient trade of merchants, which five pounds per cent only being paid, it shall be thensforth lawful and free for the said Adventurers the same goods [and] merchandizes to export and carry out of our said dominions into foreign parts without any custom, tax or other duty to be paid to us our Heirs or Successors or to any other our officers or deputies; provided, that the said goods and merchandizes be shipped out within thirteen months after their first landing within any part of those dominions.
And we do also confirm and grant to the said Treasurer and Company, and their successors, as also to all and every such governer or other officers and ministers as by our said Counsel shall be appointed, to have power and authority of government and command in or over the said Colony or plantation; that they and every of them shall and lawfully may from time to time and at all times forever hereafter, for their several defence and safety, encounter, expulse, repel, and resist by force and arms, as well by sea as by land, and all ways and means whatsoever, all and every such person and persons whatsoever as without the special license of the said Treasurer and Company and their successors shall attempt to inhabit within the said several precincts and limits of the said Colony and plantation; and also, all and every such person and persons whatsoever as shall enterprise, or attempt at any time hereafter, destruction, invasion, hurt, detriment or annoyannce to the said Colony and plantation, as is likewise specified in the said former grant.
And that it shall be lawful for the said Treasurer and Company, and their successors and every of them, from time to time and at all times hereafter, and they shall have full power and authority, to take and surprise by all ways and means whatsoever all and every person and persons whatsoever, with their ships, goods and other furniture, trafficing in any harbor, creek, or place within the limits or precincts of the said Colony and plantation, [not] being allowed by the said Company to be adventurers or planters of the said Colony, until such time as they being of any realms or dominions under our obedience shall pay or agree to pay, to the hands of the Treasurer or [of] some other officer deputed by the said governors in Virginia (over and above such subsidy and custom as the said Company is or here after shall be to pay) five pounds per cent upon all goods and merchandizes so brought in thither, and also five per cent upon all goods by them shipped out from thence; and being strangers and not under our obedience until they have paid (over and above such subsidy and custom as the same Treasurer and Company and their successors is or hereafter shall be to pay) ten pounds per cent upon all such goods, likewise carried in and out, anything in the former letters patents to the contrary not withstanding; and the same sum of money and benefit as aforesaid for and during the space of one and twenty years shall be wholly imployed to the benefit and behoof of the said Colony and plantation; and after the said one and twenty years ended, the same shall be taken to the use of us, our Heirs or Successors, by such officer and minister as by us, our Heirs or Successors, shall be thereunto assigned and appointed, as is specified in the said former letters patents.
Also we do, for us, our Heirs and Successors, declare by these presents, that all and every the persons being our subjects which shall go and inhabit within the said Colony and plantation, and every of their children and posterity which shall happen to be born within [any] the limits thereof, shall have [and] enjoy all liberties, franchises and immunities of free denizens and natural subjects within any of our other dominions to all intents and purposes as if they had been abiding and born within this our kingdom of England or in any other of our dominions.
And forasmuch as it shall be necessary for all such our loving subjects as shall inhabit within the said precincts of Virginia aforesaid to determine to live together in the fear and true worship of Almighty God, Christian peace and civil quietness, each with other, whereby every one may with more safety, pleasure and profit enjoy that where unto they shall attain with great pain and peril, we, for us, our Heirs and Successors, are likewise pleased and contented and by these presents do give and grant unto the said Treasurer and Company and their successors and to such governors, officers and ministers as shall be, by our said Councel, constituted and appointed, according to the natures and limits of their offices and places respectively, that they shall and may from time to time forever hereafter, within the said precincts of Virginia or in the way by the seas thither and from thence, have full and absolute power and authority to correct, punish, pardon, govern, and rule all such the subjects of us, our Heirs and Successors as shall from time to time adventure themselves in any voyage thither or that shall at any time hereafter inhabit in the precincts and territory of the said Colony as aforesaid, according to such order, ordinances, constitution, directions, and instructions as by our said Counsel, as aforesaid, shall be established; and in defect thereof, in case of necessity according to the good discretions of the said governors and officers respectively, as well in cases capital and criminal as civil, both marine and other, so always as the said status, ordinannces and proceedings as near as conveniently may be, be agreable to the laws, statutes, government and policy of this our realm of England.
And we do further of our special grace, certain knowledge and mere motion, grant, declare and ordain that such principal governor as from time to time shall duly and lawfully be authorised and appointed, in manner and form in these presents heretofore expressed, shall [have] full power and authority to use and exercise marshal law in cases of rebellion or mutiny in as large and ample manner as our lieutenant in our counties within our realm of England have or ought to have by force of their commissions of lieutenancy. And furthermore, if any person or persons, adventurers or planters, of the said Colony, or any other at anytime or times hereafter, shall transport any monies, goods or merchandizes out of any [of] our kingdoms with a pretence or purpose to land, sell, or otherwise dispose the same within the limits and bounds of the said Colony, and yet nevertheles being at sea or after he hath landed within any part of the said Colony shall carry the same into any other foreign Country, with a purpose there to sell and dispose there of that, then all the goods and chattels of the said person or persons so offending and transported, together with the ship or vessell wherein such transportation was made, shall be forfeited to us, our Heirs and Successors.
And further, our will and pleasure is, that in all questions and doubts that shall arise upon any difficulty of construction or interpretation of anything contained either in this or in our said former letetes patents, the same shall be taken and interpreted in most ample and beneficial manner for the said Treasurer and Company and their successors and every member thereof.
And further, we do by these presents ratify and confirm unto the said Treasurer and Company and their successors all privileges, franchises, liberties, and immunties granted in our said former letters patents and not in these our letters patents revoked, altered, changed or abridged.
And finally, our will and pleasure is and we do further hereby for us, our Heirs and Successors grant and agree, to and with the said Treasurer and Company and their successors, that all and singular person and persons which shall at anytime or times hereafter adventure any sum or sums of money in and towards the said plantation of the said Colony in Virginia and shall be admitted by the said Counsel and Company as adventurers of the said Colony, in form aforesaid, and shall be enrolled in the book or record of the adventurers of the said Company, shall and may be accompted, accepted, taken, held, and reputed Adventurers of the said Colony and shall and may enjoy all and singular grants, priviledges, liberties, benefits, profits, commodities [and immunities], advantages and emoluments whatsoever as fully, largely, amply and absolutely as if they and every of them had been precisely, plainely, singularly and distinctly named and inserted in these our letters patents.
And lastly, because the principal effect which we can desier or expect of this action is the conversion and reduction of the people in those parts unto the true worship of God and Christian religion, in which respect we would be loath that any person should be permitted to pass that we suspected to affect the superstitions of the Church of Rome, we do hereby declare that it is our will and pleasure that none be permitted to pass in any voyage from time to time to be made into the said country but such as first shall have taken the oath of supremacy, for which purpose we do by these presents give full power and authority to the Treasurer for the time being, and any three of the Counsel, to tender and exhibit the said oath to all such persons as shall at any time be sent and imployed in the said voyage.
Although express mention [of the true yearly value or certainty of the premises, or any of them, or of any other gifts or grants, by us or any of our progenitors or predecessors, to the aforesaid Treasurer and Company heretofore made, in these presents is not made; or any act, statute, ordinance, provision, proclamation, or restraint, to the contrary hereof had, made, ordained, or provided, or any other thing, cause, or matter, whatsoever, in any wise notwithstanding.] In witness whereof [we have caused these our letters to be made patent. Witness ourself at Westminster, the 23d day of May (1609) in the seventh year of our reign of England, France, and Ireland, and of Scotland the****]
Per ipsum Regem exactum.
British Public Record Office, Chancery Patent Rolls (c. 66), 1796, 5; William Stith, The History of the First Discovery and Settlement of Virginia
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