King John of England was crowned in the early 13th century.
He needed money for armies, but war losses, greatly reduced the state income, and a huge tax would have to be raised in order to attempt to reclaim these territories. Yet, it was difficult to raise taxes because of the tradition of keeping them at the same level.
John relied on clever manipulation of pre-existing rights which were easily broken and severely punished. He increased the pre-existing scutage (meaning a feudal payment to an overlord replacing direct military service) 11 times in his 17 years as king, as compared to 11 times in twice that period covering 3 monarchs before him. The last 2 of these increases were double the increase of their predecessors. He also imposed the first income tax, which raised what was, at the time, the extortionate sum of £70,000.
By 1215, some of the most important barons in England had had enough, and they entered London in force on June 10, 1215, with the city showing its sympathy with their cause by opening its gates to them. They, and many of the moderates not in overt rebellion, forced King John to agree to the "Articles of the Barons", to which his Great Seal was attached in the meadow at Runnymede on June 15, 1215. In return, the barons renewed their oaths of fealty to King John on June 19, 1215. A formal document to record the agreement was created by the royal chancery on July 15: this was the original Magna Carta.
Although enforced over the King by the Barons, the 62 clauses protected Common Law rights for every tier of English society and this document was truly for the sovereign men and women throughout Britain.
Simply put it dealt with
· A free English church and freeman rights forever.
· Protection of inheritance.
· Protection for widows.
· No more seizure of land to pay a debt.
· No usury for borrowing from money lenders.
· Cities will keep all their ancient liberties & customs.
· The right to a Common Law court.
· All trials to have a jury of peers.
· A freeman & a villein shall not lose his tools of trade to pay a debt.
· No bailiff can take food from another, but must pay; must not take another’s horse or cart; must not take another’s wood.
· One measure of weight & length to be used in the land.
· To be accused there must be witnesses.
· No man can be punished except by the judgment of his peers & the law of the land.
· No one will sell, refuse or delay, right & justice.
· All merchants may trade & travel.
· All judiciary to know the law of the land & honour it.
· All unjust fines to be returned.
· All land illegally removed to be returned.
· … that the men in our kingdom have and hold all the aforesaid liberties, rights, and concessions, well and peaceably, freely and quietly, fully and wholly, for themselves and their heirs, of us and our heirs, in all respects and in all places forever, as is aforesaid
Do we still have these rights in place? Aren’t these the very things that are being removed from us now?
Yet the English Monarchy were sworn to protect these rights with their lives!
Showing posts with label rights. Show all posts
Showing posts with label rights. Show all posts
Monday, December 7, 2009
Common Law
What is Common Law?
Historically, Common Law came from the Anglo-Saxon people of England, but it was well known throughout the tribes of Europe..
Common Law was the law for the free women and men living on the land. It existed, and controlled and ruled the land of England previous to the reign of William the Conqueror [1066], when the Normans conquered Anglo-Saxon England.
In it was the Golden Rule that deals with Social Justice.
In the negative form reading as: Do not unto others as you would not have others do unto you, and in the positive form as: Do unto other as you would have others do unto you.
Under Common Law, it is illegal to deprive anyone of his inalienable Rights (“inalienable” means
can not be given or taken away").
There is a Legal Maxim that says, "Rights never die", and the first Right of a Free man is the Right to Trial by Jury.
Where does Common Law come from?
It is on record in the Vatican --- The early Christian missionaries reported that the people of Northern Germany "already have the law".
It is suspected that early Phoenician or Hebrew tin traders taught these people the law many years before Christ Some sources report that Joseph of Arimathea who paid for the burial of Jesus (Greek) a.k.a. Yeshuah (Hebrew) sailed on a tin trading ship from Israel to Glastonbury in Britain and ministered the law and gospel to the Celtic people who lived there, and with their help established the first Christian congregation and church in what later became England.
This ministry in Britain by Joseph happened in the first century A.D., centuries before the formation of the Roman Catholic Church.
What governs Common Law?
The Biblical expression of the concept of common law can be found at Matthew 22:37-40 - Jesus said unto him, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind. This is the first and great commandment. And the second [is] like unto it, Thou shalt love thy neighbour as thyself. On these two commandments hang all the law and the prophets.
That is a profound request and whether or not we are believers in God, that request is at the heart of all manner of human rights, can only create human peace, would prevent abuse in families and workplaces, would give man back his right to live his life in harmony with other souls.
Yet, how can people pretend they live at the common law when they have hired benefactors to take away their neighbors' goods for their personal benefit?
Other ways of understanding Common Law is are:
- Women and men have the right to do anything they WILL to do so long as they do not infringe upon the similar rights of any other woman or man.
-Your freedom ends where my nose begins.
-Show the evidence that I have caused harm to another and then the law gives you the jurisdiction to proceed within the law against me (this is similar to the old latin phrase habeas corpus or show the body).
So to answer the question – What Governs Common Law?
You do. Each and every individual must use their freely God-given will to ensure that they treat their fellow man with respect and love.
Historically, Common Law came from the Anglo-Saxon people of England, but it was well known throughout the tribes of Europe..
Common Law was the law for the free women and men living on the land. It existed, and controlled and ruled the land of England previous to the reign of William the Conqueror [1066], when the Normans conquered Anglo-Saxon England.
In it was the Golden Rule that deals with Social Justice.
In the negative form reading as: Do not unto others as you would not have others do unto you, and in the positive form as: Do unto other as you would have others do unto you.
Under Common Law, it is illegal to deprive anyone of his inalienable Rights (“inalienable” means
can not be given or taken away").
There is a Legal Maxim that says, "Rights never die", and the first Right of a Free man is the Right to Trial by Jury.
Where does Common Law come from?
It is on record in the Vatican --- The early Christian missionaries reported that the people of Northern Germany "already have the law".
It is suspected that early Phoenician or Hebrew tin traders taught these people the law many years before Christ Some sources report that Joseph of Arimathea who paid for the burial of Jesus (Greek) a.k.a. Yeshuah (Hebrew) sailed on a tin trading ship from Israel to Glastonbury in Britain and ministered the law and gospel to the Celtic people who lived there, and with their help established the first Christian congregation and church in what later became England.
This ministry in Britain by Joseph happened in the first century A.D., centuries before the formation of the Roman Catholic Church.
What governs Common Law?
The Biblical expression of the concept of common law can be found at Matthew 22:37-40 - Jesus said unto him, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind. This is the first and great commandment. And the second [is] like unto it, Thou shalt love thy neighbour as thyself. On these two commandments hang all the law and the prophets.
That is a profound request and whether or not we are believers in God, that request is at the heart of all manner of human rights, can only create human peace, would prevent abuse in families and workplaces, would give man back his right to live his life in harmony with other souls.
Yet, how can people pretend they live at the common law when they have hired benefactors to take away their neighbors' goods for their personal benefit?
Other ways of understanding Common Law is are:
- Women and men have the right to do anything they WILL to do so long as they do not infringe upon the similar rights of any other woman or man.
-Your freedom ends where my nose begins.
-Show the evidence that I have caused harm to another and then the law gives you the jurisdiction to proceed within the law against me (this is similar to the old latin phrase habeas corpus or show the body).
So to answer the question – What Governs Common Law?
You do. Each and every individual must use their freely God-given will to ensure that they treat their fellow man with respect and love.
Sunday, December 6, 2009
A Grant in Fee Simple
The Abolition of Tenures Act 1660
In 1660, the Crown, at that time King Charles II, could no longer afford the upkeep of land and services to His subjects so therefore he abolished old tenures and allowed a statute law to be enacted for the sale of the lands of the Crown.
Original Letters Patent to Governor Philip
In the early days of the colony at Botany Bay, Governor Philip could only transfer the ownership from the Crown to the original settlers after nominating a parcel of land. This then had to be surveyed, and given a Lot number for identification.
Register of Lots
The officers of the Crown had then to make entries in the register of Lots.
The title deed that ensued carried a Volume number, folio number and the Lot numbers.
A Grant in Fee Simple Title Deed
All land in Australia was sold into private hands through a Grant in Fee Simple Title.
There is no other manner under which land can be sold into private ownership in Australia.
The new owner of this title was required to hold a Deed.
The original deeds were signed by the Governor of the State, after first determining that all purchase monies had been paid. “Now Know Ye that for and in consideration of the said sum for and on Our behalf well and truly paid into the Treasury of Our said State before these Presents are issued and of all and singular the premises, WE HAVE GRANTED and for Us Our heirs and Successors DO HEREBY GRANT unto the said (person), Heirs and Assigns.........subject nevertheless to the several and respective reservations hereinafter contained that We do Reserve unto Us Our Heirs and Successors all minerals…..”
The Governor signed “In witness whereof I have hereunto signed my name and affixed my Seal….”
This then, is a very legal Instrument of Law, a Contract with not just with the Crown via the Seal, but with the actual Sovereign Majesty, his/her Heirs and Successors.
This Instrument is a Deed in Trust with the current Queen Elizabeth as the Successor to the Crown; it is a Trust in Inheritance and a Trust in Equity.
That means that the act of purchase of a Grant in Fee Simple Title carries the right to pass on the estate through an Inheritance, a right which is protected by the Constitutional courts of Australia.
A Trust in Equity is the purchaser’s right to retain his equity (equality) of value in his land. So that when the Parliament requires the resumption of the land the Crown has sold, it must be under Just Terms Compensation.
What does a Grant in Fee Simple Title give us?
There are 4 elements of ownership that are carried in a Fee Simple Title Deed.
1. The purchase of any structures or buildings that are on the land - tenements
2. The right to build any structures of any kind on the land - messuages
3. The right of ownership of all natural elements on the land, to an indefinite extent above the land, and to the very centre of the earth – corporeal hereditaments
4. The right to use the land in any manner including to waste the land. (Waste being a legal term meaning to take back to bare rock or destroy) – incorporeal hereditaments
The rights do not include:
1. Ownership of any water on the land as water cannot be owned, as it is moveable. Only the use of the water while it is on the land.
2. The right to injure a neighbour’s enjoyment and use of his property.
3. The right to trespass on another’s land without his permission.
Proprietorship of a Grant in Fee Simple Title
This is the legal term for our ownership. We are proprietors of the Fee Simple Grant. Which means we operate the Title during the period of our ownership.
Our proprietory rights are often called ‘natural rights’.
We hold a Proprietas plena – full property, including not only the title, but the usufruct, or exclusive right to the use.
Tenants in Common
Our Grant in Fee Simple Title deed lists the new owner as a Tenant or Tenant in Common.
Tenant in Common indicates an ownership of 2 or more people holding the land together, where that ownership entitles each to an equal share of the Incorporeal Hereditaments inherent in the title, also known as the profits from the land.
The other term for Commons is Right of Common.
The Crown reserves to itself only minerals or other natural elements. However this Crown reservation must be listed on the Title Deeds to be legal.
In the event that we die without heirs, the Crown resumes sole ownership of the land (escheat).
Definitions: It is vital we remember that legal words often have a different meaning than the particular word in common usage. Blacks Law Dictionary is the best reference.
Tenant: One who holds or possesses lands or tenements by any kind of right or title.
Tenement: Houses, buildings or anything that may be holden of a permanent nature - a holding of land. Also includes rents and etc.
In 1660, the Crown, at that time King Charles II, could no longer afford the upkeep of land and services to His subjects so therefore he abolished old tenures and allowed a statute law to be enacted for the sale of the lands of the Crown.
Original Letters Patent to Governor Philip
In the early days of the colony at Botany Bay, Governor Philip could only transfer the ownership from the Crown to the original settlers after nominating a parcel of land. This then had to be surveyed, and given a Lot number for identification.
Register of Lots
The officers of the Crown had then to make entries in the register of Lots.
The title deed that ensued carried a Volume number, folio number and the Lot numbers.
A Grant in Fee Simple Title Deed
All land in Australia was sold into private hands through a Grant in Fee Simple Title.
There is no other manner under which land can be sold into private ownership in Australia.
The new owner of this title was required to hold a Deed.
The original deeds were signed by the Governor of the State, after first determining that all purchase monies had been paid. “Now Know Ye that for and in consideration of the said sum for and on Our behalf well and truly paid into the Treasury of Our said State before these Presents are issued and of all and singular the premises, WE HAVE GRANTED and for Us Our heirs and Successors DO HEREBY GRANT unto the said (person), Heirs and Assigns.........subject nevertheless to the several and respective reservations hereinafter contained that We do Reserve unto Us Our Heirs and Successors all minerals…..”
The Governor signed “In witness whereof I have hereunto signed my name and affixed my Seal….”
This then, is a very legal Instrument of Law, a Contract with not just with the Crown via the Seal, but with the actual Sovereign Majesty, his/her Heirs and Successors.
This Instrument is a Deed in Trust with the current Queen Elizabeth as the Successor to the Crown; it is a Trust in Inheritance and a Trust in Equity.
That means that the act of purchase of a Grant in Fee Simple Title carries the right to pass on the estate through an Inheritance, a right which is protected by the Constitutional courts of Australia.
A Trust in Equity is the purchaser’s right to retain his equity (equality) of value in his land. So that when the Parliament requires the resumption of the land the Crown has sold, it must be under Just Terms Compensation.
What does a Grant in Fee Simple Title give us?
There are 4 elements of ownership that are carried in a Fee Simple Title Deed.
1. The purchase of any structures or buildings that are on the land - tenements
2. The right to build any structures of any kind on the land - messuages
3. The right of ownership of all natural elements on the land, to an indefinite extent above the land, and to the very centre of the earth – corporeal hereditaments
4. The right to use the land in any manner including to waste the land. (Waste being a legal term meaning to take back to bare rock or destroy) – incorporeal hereditaments
The rights do not include:
1. Ownership of any water on the land as water cannot be owned, as it is moveable. Only the use of the water while it is on the land.
2. The right to injure a neighbour’s enjoyment and use of his property.
3. The right to trespass on another’s land without his permission.
Proprietorship of a Grant in Fee Simple Title
This is the legal term for our ownership. We are proprietors of the Fee Simple Grant. Which means we operate the Title during the period of our ownership.
Our proprietory rights are often called ‘natural rights’.
We hold a Proprietas plena – full property, including not only the title, but the usufruct, or exclusive right to the use.
Tenants in Common
Our Grant in Fee Simple Title deed lists the new owner as a Tenant or Tenant in Common.
Tenant in Common indicates an ownership of 2 or more people holding the land together, where that ownership entitles each to an equal share of the Incorporeal Hereditaments inherent in the title, also known as the profits from the land.
The other term for Commons is Right of Common.
The Crown reserves to itself only minerals or other natural elements. However this Crown reservation must be listed on the Title Deeds to be legal.
In the event that we die without heirs, the Crown resumes sole ownership of the land (escheat).
Definitions: It is vital we remember that legal words often have a different meaning than the particular word in common usage. Blacks Law Dictionary is the best reference.
Tenant: One who holds or possesses lands or tenements by any kind of right or title.
Tenement: Houses, buildings or anything that may be holden of a permanent nature - a holding of land. Also includes rents and etc.
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