America Settlers, Land Ownership, and Puritan Influence on Law Common to i

Companies and Allodial Title - The lure of America

The initial post (The Adventure Begins) discusses the shire-moot, tithing and ten-tithing assemblies/courts/councils that our initial jural assemblies and county assemblies were based upon. The second post covered the historical push and pull of the Roman influence, Roman Catholic influence, growth of Christianity, and the English and European monarchs over time. This included the northern European influence in the British Isles, and the continuing effort of the monarchs to gain control through “divine right” and controlled courts.

• January 28, 2023 - The Adventure Begins

• January 29, 2023 - Law - General Historical Timeline

The constant attempts (and successes) of monarchs to gain control through paid off sheriffs, court nobles, and clergy, typically resulted in land seizure, feudal reign, and people being reduced to slaves/serfs. This is a common thread throughout time. Many times these controls were facilitated through loans from the banker families supporting certain causes of the kings and queens. An example would be William Penn and King Charles II of England and his debt of $80,000 to Sir William Penn that allowed for the land grant of Penn’s Woods (Pennsylvania).

One of the big leveraging methods of power in history was the church or wealthy families. The Church of England was the effort of Queen Elizabeth I to centralize the power of the church and the state. She combined Catholic, Protestant (Oct 31, 1517, Protestant Reformation, led by Martin Luther, launched in Europe) and Puritan (spawned largely by the Tyndale Bible and the ability for commoners to read the actual text) groups to centralize the power and support of the crown. Unless the practices were supported by the monarch in power (and their particular religious leaning), persecutions were carried out on those in disagreement. i typically do not use Wikipedia, however, they have a fairly complete timeline of kings and queens in their Family Tree of British Monarchs. While doing research of the different centuries and methods of conducting justice and law, this location had a nice tree that matched the separate smaller timeline groupings i was finding. (The caveat is the question of “who was the father” of the heir in some cases over the centuries.)

The Americas was believed to be a great source of wealth for the crown in England, France, and Spain. The English program to colonize the Atlantic seaboard began in earnest under Queen Elizabeth, and was strengthened under the influence of King James I. Jamestown, the first enduring English settlement in the new world, was named after King James. King James's most conspicuous claims to fame were the formation of Great Britain (England, Scotland, Wales, and Ireland under one throne) and the sponsorship of the King James translation of the Bible.

King James I

King James is the most notable figure during the early transition of settlers to America.

James was born in Edinburgh, Scotland, on June 19, 1566. He was the only son of Mary, Queen of Scots. His father, Lord Darnley was killed in an explosion when James was only eight months old. When James was one year old, his mother abdicated the throne of Scotland and James officially became king. She never saw her son again.

James was supervised during his childhood by several Scottish lords. He had several tutors, all evangelical Protestants. He became fluent in Greek, French, and Latin and received classical instruction in all three of these languages as well as English. He was kept fairly isolated until age 14. He developed a great fondness for books. Even as a teenager he was recognized as a serious scholar.

In 1589 James was married to Anne, the daughter of Frederick II King of Denmark. They had eight children together. When Queen Elizabeth (his mother's cousin) died, James was next in line for the throne of England. In 1603 he was crowned King of England. He was officially King James VI of Scotland and King James I of England. He quickly ended the English war with Spain and England was to live in peace during his reign.

Coston, S. A. (1996). “King James, the VI of Scotland & the I of England: Unjustly accused?” KönigsWort.

During the reign of King James I of England (and VI of Scotland), he sought to further unite the church. The one exception was Puritan Separatists. Separatists also did not believe in a king/monarch. They prescribed to the old testament belief that the Creator did not intend for Israel or his people to have a king. Each man or woman was to be their own ruler and act accordingly with full responsibility and accountability.

From January 14-18, 1604 A.D., the leaders of the Church of England met at Hampton Court in London. This meeting was called by King James. The Church of England was divided into three main groups.

• The Anglo-Catholic faction wanted to maintain the control and much of the doctrine of Roman Catholicism without acknowledging the authority of the Pope.

• The Protestant faction wanted the church of England to be the state Protestant Church like the Lutheran in Germany and the Reformed Church in Switzerland.

• The Puritans were the most thoroughly evangelical and Biblically oriented of the three groups. This was due to access of the English bibles being produced since the mid-1500’s. They wanted a complete break with Catholicism and a greater degree of independence for local community churches.

King James, at the behest of John Rainolds, included the Puritans in the translation of the King James Bible (1611). John Rainolds is credited with bringing the English translation bible into existence through persuading King James I to sponsor the effort against the wishes of the Bishop of London.

Yet, the Pilgrims story, in the case of the Puritan Separatists and the Mayflower, begins with Puritans fleeing to the Netherlands in 1608 to escape persecution. This was five (5) years after James became King of England. Why was the Christian group that was considered part of the Church of England, and responsible for getting the blessing to create the King James Bible in English, heavily persecuted if they had the King’s blessing? – The key is the faction of Puritans, referred to as Puritan Separatists, were persecuted by the King, the Protestant (Presbyterian) groups, and Catholic church.

The Church of England still had a large degree of control of daily life. The King was not always in control of the daily influence of the factions that tried to control opposing views. If a Separatist, the desire to get away from a monarch gave the church and military “cause” to persecute. The fine line between a Puritan and a Puritan “Separatist”…

America and Land Ownership

The Magna Carta was briefly touched upon in the last article. It is something worth reading if given the chance. The other important context is the idea of a royal charter which the Magna Carta is an example.

From Black’s Law Dictionary 4th Edition:

CHARTER, v. In mercantile law. To hire or lease a vessel for a voyage. Thus, a "chartered" is distinguished from a "seeking" ship. 7 East, 24.

CHARTER, n. An instrument emanating from the sovereign power, in the nature of a grant, either to the whole nation, or to a class or portion of the people, or to a colony or dependency, and assuring to them certain rights, liberties, or powers. Such was the "Great Charter" or "'Magna Charta," and such also were the charters granted to certain of the English colonies in America. See Story, Const. § 161; 1 Bla.Comm. 108.

A charter differs from a constitution, in that the former is granted by the sovereign, while the latter is established by the people themselves. A city's organic law. Hudson Motor Car Co. v. City of Detroit, 282 Mich. 69, 275 N.W. 770, 773, 113 A.L.R. 1472.

An act of a legislature creating a corporation, or creating and defining the franchise of a corporation. Baker v. Smith, 41 RI. 17, 102 A. 721, 723; Bent v. Underdown, 156 Ind. 516, 60 N.E. 307. Also a corporation's constitution or organic law; Schultz v. City of Phcenix, 18 Ariz. 35, 156 P. 75, 76; C. J. Kubach Co. v. McGuire, 199 Cal. 215, 248 P. 676, 677; that is to say, the articles of incorporation taken in connection with the law under which the corporation was organized; Chicago Open Board of Trade v. Imperial Bldg. Co., 136 Ill.App. 606; In re Hanson's Estate, 38 S.D. 1, 159 N.W. 399, 400.

The authority by virtue of which an organized body acts. Ryan v. Witt, Tex. Civ.App., 173 S.W. 952, 959. A contract between the state and the corporation, between the corporation and the stockholders, and between the stockholders and the state. Bruun v. Cook, 280 Mich. 484, 273 N.W. 774, 777.

In Old English Law: A deed or other written instrument under seal; a conveyance, covenant, or contract. Cowell; Spelman; Co.Litt. 6; 1 Co. 1; F.Moore 687.

In Old Scotch Law: A disposition made by a superior to his vassal, for something to be performed or paid by him. 1 Forb.Inst. pt. 2, b. 2, c. 1, tit. 1. A writing which contains the grant or transmission of the feudal right to the vassal. Ersk.Inst. 2, 3, 19.

Blank Charter: A document given to the agents of the crown in the reign ofRichard II with power to fill up as they pleased.

Based on the definition above, a company or corporation, or land can be given or created by a charter. The English colonies were started through charters in the form of land grants to certain companies. These were provided to the Governor or Agent entrusted to administer the charter through the king. In Virginia, there were two companies of note that included the establishment of Jamestown; The London Company and The Virginia Company.

Virginia provided the model for colonizing and earning profit from America. Charters were the first form of ownership provided to the Virginia Company in 1606 by King James I. This was to entice people to settle America and send wealth back to England. With minimal to no mineral success (like gold and silver) in Virginia, the next opportunity was agriculture; in particular, tobacco farming. The settlers asserted land ownership as early as 1607. Those who came to America under the support of the Virginia Company and London Company had a 7-year indenture required before land could be granted outright. http://www.virginiaplaces.org/settleland/headright.html (Read this entire history for examples of the land grants/patents and how ownership evolved to being locally controlled). This meant, they had to send or pay back with half of their production to the crown companies for 7 years until the indenture was paid.

Puritan Separatists from the town of Scrooby, who were being persecuted and had their Puritan colleagues Millenary Petition (1604) thwarted by King James I, had originally fled England for Holland in 1608 to freely practice their faith. To learn more about this portion of Puritan history, you can see the some of the great work Kirk Cameron researched in the documentary “Monumental”. It does not cover the subtle differences in Separatists well, but covers the Puritan persecution history up to and including the start of Plymouth and the Faith Monument. This is our promise as new settlers to the covenant required to keep liberty, including religious freedom (I do not like the word “liberty” as it is rooted in the time granted ashore by a ship hand in maritime or admiralty jurisdiction - it does not accurately describe freedom of a sovereign).

From Black’s Law Dictionary 4th Edition:

DOMINION. Ownership, or right to property or perfect or complete property or ownership. Whelan v. Henderson, Tex.Civ.App., 137 S.W 2d 150, 153. Title to an article of property which arises from the power of disposition and the right of claiming it. Baker v. Westcott, 73 Tex. 129, 11 S.W. 157, 8 East, 579. See, also, State v. Johnson, 34 S.D. 601, 149 N.W. 730, 734. Sovereignty or lordship; as the dominion of the seas. Moll. de Jure Mar. 91, 92. 573

DOMINION. In the civil law, with reference to the title to property which is transferred by a sale of it, dominion is said to be either "proximate" or "remote," the former being the kind of title vesting in the purchaser when he has acquired both the ownership and the possession of the article, the latter describing the nature of his title when he has legitimately acquired the ownership of the property but there has been no delivery. Coles v. Perry, 7 Tex. 109.

DOMINIUM. In the civil and old English law. Ownership; property in the largest sense, including both the right of property and the right of possession or use. The mere right of property, as distinguished from the possession or usufruct. Dig. 41, 2, 17, 1; Calvin. The right which a lord had in the fee of his tenant. In this sense the word is very clearly distinguished by Bracton from dominicum. The estate of a feoffee to uses. "The feoffees to use shall have the dominium, and the cestui que use the disposition." Latch. 137. Sovereignty or dominion. Dominium maris, the sovereignty of the sea.

Genesis: 26-28

And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth. So God created man in his own image, in the image of God created he him; male and female created he them. And God blessed them, and God said unto them, Be fruitful, and multiply, and replenish the earth, and subdue it: and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth.

Upon hearing of this land ownership being offered in Virginia, and true freedom in America, these same Puritan refugees hiding out in the Netherlands, arranged for passage on the Mayflower and Speedwell from England. After many setbacks and leaving the Speedwell behind for leaks that could not be fixed, the Mayflower set sail from England on September 6, 1620.

After 66 days at sea (what was supposed to be a 3 week journey), the Pilgrims arrived at Cape Cod on November 11, 1620. Their destination was actually Virginia to capitalize on the indenture land ownership opportunity. But, they tragically missed their target port. While on the boat in Cape Cod, the passengers and crew drew up the Mayflower Compact. This was the American continent’s first form of Declaration between mankind in America, and was forged between the crew (church of England supporters) and the Puritan Separatists. They knew they had to work together if they were to survive. At that moment religious differences fell away to be replaced by faith in their Creator as being the primary force and the desire for real freedom from oppression with self governing.

In the name of God, Amen. We whose names are underwritten, the loyal subjects of our dread Sovereign Lord King James, by the Grace of God of Great Britain, France, and Ireland King, Defender of the Faith, etc.

Having undertaken for the Glory of God and advancement of the Christian Faith and Honour of our King and Country, a Voyage to plant the First Colony in the Northern Parts of Virginia, do by these presents solemnly and mutually in the presence of God and one of another, Covenant and Combine ourselves together in a Civil Body Politic, for our better ordering and preservation and furtherance of the ends aforesaid; and by virtue hereof to enact, constitute and frame such just and equal Laws, Ordinances, Acts, Constitutions and Offices from time to time, as shall be thought most meet and convenient for the general good of the Colony, unto which we promise all due submission and obedience. In witness whereof we have hereunder subscribed our names at Cape Cod, the 11th of November, in the year of the reign of our Sovereign Lord King James, of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth. Anno Domini 1620.

(William Bradford, Of Plymouth Plantation, ed. Samuel Morison, 75-6.)

A few weeks later, the Mayflower sailed up the coast to Plymouth and started to construct houses during the day while sleeping on the ship at night. They started their town where a group of Wampanoag People had lived and previously died off (Believed to be caused by smallpox spread from earlier settlers). About half the people on the Mayflower died that first winter from what they termed “general sickness” of colds, coughs and fevers due to the extreme conditions.

So, the Virginia settlers and Plymouth Puritans set the stage for true Allodial Title to land in America. From these patents/grants through charters from the king, America became the first place that was free from direct authority by anyone else but themselves and their ingenuity.

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Once a man or woman has freehold Allodial Title to their own land/property, they are sovereign by right. Keep this and the shire tithing courts in your mind as we go forward down this path to understanding Law common to i.

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Property: Anything exclusive to i from all other in a society. The highest right a man or woman has. By taking claim to something not claimed by another, the elevation is property. The taking of property is trespass by way of theft.

Painting by Jean Leon Gerome Ferris, 1899

Next Time

In the next article, we will start covering a more focused history of the 150 plus years from the Puritans landing at Plymouth, to The Declaration of Independence. There are numerous events that spurred the protection of land and freedom, and more declarations beyond what we are used to hearing about in school and society. These are pivotal in understanding the principles that created our American Government and why protecting these values, and Law common to i, is vital in understanding what happened in the years since Lincoln’s War. This will also set the stage for how to claim your standing today, and how to set jurisdiction at court as it is intended. This is contrary to the control of the courts by public servants and licensed titles of nobility that have been hi-jacked by foreign corporate entities with no standing at a common law land jurisdiction court.