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Against the Grain

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     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

                                  PART II

     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 final 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 Yreaty 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 Ä 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 U. K. 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 U.S. 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. Ä 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 Fore Fathers.  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 kings 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 to day, although it has been modified several times.  The first major change came in the 1776,  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 officio, 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 goes.  Now he had the 14th Amendment, his lawyers in the government, his bankers in control of the governments money, and above all greed that causes most in office to continue the status quo.
 
 
 

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 countries 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 [44] also.  It is a very ancient court of record, set up by William the Conqueror, as a part of the aula regia, through 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 to 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  judgement 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 form 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 hereditaments, 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 [45] 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 personality 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 is therefore become matter of form and mere words of course, and the court is open to all the nation equally.  The same holds with regard to the equity side of the court: for there any person may file [46] 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 seem 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 it's 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 we find ourselves in.  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 or 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 Dictionary 1914 ed.

     Also re-read "A Country Defeated In Victory".  To whom do you think the national debt is owed?  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 about to about $250,000,000,000, and it is estimated that there is about $50,000,000,000 of which there is no record, making in all about $300,000,000,000 of public and private debts.  The total physical cash value of all the property in the United States is now estimated at about $70,000,000,000.  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 fourth.  These are not physical
property.  They will have to be paid out of the physical property.  How are we going to pay $300,000,000,000 with only $70,000,000,000?" 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 12,000,000,000,000.  The government only tells you about 5,000,000,000,000, 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 20,000,000,000,000, that's trillion for those of you that miss read the number of zero's. 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, 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 new 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.
 

                                 MY DREAM
 

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 lead 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 dreams 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.
 

                                 FOOTNOTES

Footnote #1

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)
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
 
 

Royal Governors

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
 
 

Footnote #2
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 sondrie oure lovinge and well disposed subjects intendinge to deduce a colonie and to make habitacion and plantacion of sondrie of oure people in that parte of America comonlie called Virginia, and other part and territories in America either apperteyninge unto us or which are not actually possessed of anie Christian prince or people within certaine bound and regions, wee have formerly, by oure lettres patents bearinge date the tenth of Aprill in the fourth yeare of oure raigne of England, Fraunce, and Ireland, and the nine and thirtieth of Scotland, graunted to Sir Thomas Gates, Sir George Somers and others, for the more speedie accomplishment of the said plantacion and habitacion, that they shoulde devide themselves into twoe colloniesthe one consistinge of divers
Knights, gentlemen, merchaunts and others of our cittie of London, called the First Collonie; and the other of sondrie Knights, gentlemen and others of the citties of Bristoll, Exeter,  the towne of Plymouth, and other places, called the Seccond Collonie and have yielded and graunted maine and sondrie priviledges and liberties to each Collonie for their quiet setlinge and good government therein, as by the said lettres patents more at large appeareth.

     Nowe, forasmuch as divers and sondrie of oure lovinge subjects, as well adventurers as planters, of the said First Collonie (which have alreadie engaged them selves in furtheringe the businesse of the said plantacion and doe further intende by the assistance of Almightie God to prosecute the same to a happie ende) have of late ben humble suiters unto us that, in respect of their great chardeges and the adventure of manie of their lives which they have hazarded in the said discoverie and plantacion of the said countrie, wee woulde be pleased to graunt them a further enlargement and explanacion of the said graunte, priviledge and liberties, and that suche counsellors and other officers maie be appointed amonngest them to manage and direct their affaires [as] are willinge and readie to adventure with them; as also whose
dwellings are not so farr remote from the cittye of London but that they maie at convenient tymes be readie at hande to give advice and assistance upon all occacions requisite.

     We, greatlie affectinge the effectual prosecucion and happie successe of the said plantacion and comendinge their good desires theirin, for their further encouragement in accomplishinge so
excellent a worke, much pleasinge to God and profitable to oure Kingdomes, doe, of oure speciall grace and certeine knowledge and
meere motion, for us, oure heires and successors, give, graunt and confirme to oure trustie and welbeloved subjects,

[Subjects deleted by author, because of space]

     And to such and so manie as they doe or shall hereafter admitt to be joyned with them, in forme hereafter in theis presentes expressed, whether they goe in their persons to be planters there in the said plantacion, or whether they goe not, but doe adventure their monyes, goods or chattels, that they shalbe one bodie or communaltie perpetuall and shall have perpetual succession and one common seale to serve for the saide bodie or communaltie; and that they and their successors shalbe knowne, called and incorporated by the name of The Tresorer and
Companie of Adventurers and Planters of the Citty of London for
the Firste Collonie in Virginia.

     And that they and their successors shalbe from hensforth, forever enabled to take, acquire and purchase, by the name aforesaid (licens for the same from us, oure heires or successors first had and obtained) anie manner of lands, tenements and hereditaments, goods and chattels, within oure realme of England and dominion of  Wales; and that they and their successors shalbe likewise enabled, by the name aforesaid, to pleade and to be impleaded before anie of oure judges or justices, in anie oure courts, and in anie accions or suits whatsoever.

     And wee doe also, of oure said speciall grace, certaine knowledge and mere mocion, give, grannte and confirme unto the said Treasurer and Companie, and their successors, under the  reservacions, limittacions and declaracions hereafter expressed, all those lands, countries and territories scituat, lieinge and beinge in that place of America called Virginia, from the pointe of lande called Cape or Pointe Comfort all alonge the seacoste to the northward twoe hundred miles and from the said pointe of Cape Comfort all alonge the sea coast to the southward twoe hundred miles; and all that space and circuit of lande lieinge from the sea coaste of the precinct aforesaid upp unto the lande, throughoute, from sea to sea, west and northwest; and also all the island beinge within one hundred miles alonge the coaste of bothe seas of the precincte aforesaid; togeather with all the soiles, groundes, havens and portes, mynes, aswell royall mynes of golde and silver as other mineralls, pearles and precious stones, quarries, woods, rivers, waters, fishings, comodities, jurisdictions, royalties, priviledges, franchisies and preheminences within the said territorie and the precincts there of whatsoever; and thereto or there abouts, both by sea and lande, beinge or in anie sorte belonginge or appertayninge, and
which wee by oure lettres patents maie or cann graunte; and in as ample manner and sorte as wee or anie oure noble progenitors have heretofore graunted to anie companie, bodie pollitique or corporate, or to anie adventurer or adventurers, undertaker or undertakers, of anie discoveries, plantacions or traffique of, in, or into anie forraine parts whatsoever; and in as large and ample manner as if the same were herin particulerly mentioned and expressed: to have, houlde, possesse and enjoye all and singuler the said landes, countries and territories with all and singuler other the premisses heretofore by theis [presents] graunted or mencioned to be grannted, to them, the said Treasurer and Companie, their successors and assignes, forever; to the sole and successors and assignes [forever], to be holden of us, oure
heires and successors, as of oure mannour of Estgreenewich, in free and common socage and not in capite; yeldinge and payinge, therefore, to us, oure heires and successors, the fifte parte onlie of all oare of gould and silver that from tvme to time, and at all times hereafter, shalbe there gotton, had and obtained, for all manner of service.

     And, nevertheles, oure will and pleasure is, and wee doe by theis presentes chardge, commannde, warrant and auctorize, that the said Treasurer and Companie and their successors, or the major parte of them which shall be present and assembled for that purpose, shall from time to time under their common seale distribute, convey, assigne and set over such particuler porcions of lands, tenements and hereditaments, by theise presents formerly grannted, unto such oure lovinge subjects naturallie borne of denizens, or others, aswell adventurers as planters, as by the said Companie, upon a commission of survey and
distribucion executed and retourned for that purpose, shalbe named, appointed and allowed, wherein oure will and pleasure is, that respect be had as well of the proporcion of the adventure[r] as to the speciall service, hazarde, exploite or meritt of anie person so as to be recompenced, advannced or rewarded.

     And for as muche as the good and prosperous successe of the said plantacion cannot but cheiflie depende, next under the blessinge of God and the supporte of oure royall aucthoritie, upon the provident and good direccion of the whole enterprise by a carefull and understandinge Counsell, and that it is not convenient that all the adventurers shalbe so often drawne to meete and assemble as shalbe requisite for them to have metings and conference aboute theire affaires, therefore we doe ordaine, establishe and confirme that there shalbe perpetually one
Counsell here resident, accordinge to the tenor of oure former lettres patents, which Counsell shall have a seale for the better governement and administracion of the said plantacion besides the legall seale of the Companie or Corporacion, as in oure former lettres patents is also expressed.

     And further wee establishe and ordaine that

        Henrie, Earl of Southampton
        William, Earl of Pembrooke
        Henrie, Earl of Lincoln
        Thomas, Earl of Exeter
        Roberte, Lord Viscounte Lisle
        Lord Theophilus Howard
        James, Lord Bishopp of Bathe and Wells
        Edward, Lord Zouche
        Thomas, Lord Laware
        William, Lord Mounteagle
        Edmunde, 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 Henrie Nevill
        Sir Thomas Smith
        Sir Oliver Cromwell
        Sir Peter Manwood
        Sir Thomas Challoner
        Sir Henrie Hovarte [Hobart]
        Sir Franncis Bacon
        Sir George Coppin
        Sir John Scott
        Sir Henrie Carey
        Sir Roberte Drurie [Drury]
        Sir Horatio Vere
        Sir Eward Conwaye [Conway]
        Sir Maurice Berkeley [Barkeley]
        Sir Thomas Gates
        Sir Michaele Sands [Sandys]
        Sir Roberte Mansfeild [Mansel]
        Sir John Trevor
        Sir Amyas Preston
        Sir William Godolphin
        Sir Walter Cope
        Sir Robert Killigrewe
        Sir Henrie 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
        John Wolstenholme

shalbe oure Counsell for the said Companie of Adventurers and Planters in Virginia.

     And the said Sir Thomas Smith wee ordaine to be Treasurer of the said Companie, which Treasurer shall have aucthoritie to give order for the warninge of the Counsell and sommoninge the Companie to their courts and meetings.

     And the said Counsell and Treasurer or anie of them shalbe from  henceforth nominated, chosen, contynued, displaced, chaunged, altered and supplied, as death or other severall occasions shall require, out of the Companie of the said adventurers by the voice of the greater parte of the said Counsell and adventurers in their assemblie for that purpose; provided alwaies that everie Councellor so newlie elected shalbe presented to the Lord Channcellor of England, or to the Lord
Highe Treasurer of England, or the Lord Chambleyne of the housholde of us, oure heires and successors, for the tyme beinge to take his oathe of a Counsellor to us, oure heires and Successors, for the said Companie and Collonie in Virginia.

     And wee doe by theis presents, of oure especiall grace, certaine knowledge and meere motion, for us, oure heires and successors, grannte unto the said Treasurer and Companie and their successors, that if it happen at anie time or times the Treasurer for the tyme beinge to be sick, or to have anie such cause of absente from the cittie of London as shalbe allowed by the said Counsell or the greater parte of them assembled, so as he cannot attende the affaires of that Companie, in everie such case it shall and maie be lawfull for such Treasurer for the tyme beinge to assigne, constitute and appointe one of the Counsell
for Companie to be likewise allowed by the Counsell or the greater parte of them assembled to be the deputie Treasurer for the said Companie; which Deputie shall have power to doe and execute all things which belonge to the said Treasurer duringe such tyme as such Treasurer shalbe sick or otherwise absent, upon cause allowed of by the said Counsell or the major parte of them as aforesaid, so fullie and wholie and in as large and ample manner and forme and to all intents and purposes as the said Treasurer if he were present himselfe maie or might doe and execute the same.

     And further of oure especiall grace, certaine knowledge and meere mocion, for us, oure heires and successors, wee doe by theis presents give and grannt full power and aucthoritie to oure said Counsell here resident aswell at this present tyme as hereafter, from time to time, to nominate, make, constitute, ordaine and confirme by such name or names, stile or stiles as to them shall seeme good, and likewise to revoke, dischardge, channge and alter aswell all and singuler governors, oficers and ministers which alreadie hath ben made, as also which hereafter shalbe by them thought fitt and meedefull to be made or used for the government of the said Colonie and plantacion.

     And also to make, ordaine and establishe all manner of orders, lawes, directions, instructions, formes and ceremonies of government and magistracie, fitt and necessarie, for and concerninge the government of the said Colonie and plantacion; and the same att all tymes hereafter to abrogate, revoke or chaunge, not onely within the precincts of the said Colonie but also upon the seas in goeing and cominge to and from the said Collonie, as they in their good discrecions shall thinke to be fittest for [the] good of the adventurers and inhabiters there.

     And we doe also declare that for divers reasons and consideracions us thereunto especiallie moving, oure will and pleasure is and wee doe hereby ordaine that imediatlie from and after such time as anie such governour or principall officer so to be nominated and appointed by oure said Counsell for the governement of the said Colonie, as aforesaid, shall arive in Virginia and give notice unto the Collonie there resident of oure pleasure in this behalfe, the government, power and aucthority of the President and Counsell, heretofore by oure former lettres patents there established, and all lawes and constitucions by
them formerlie made, shall utterly cease and be determined; and all officers, governours and ministers formerly constituted or appointed shalbe dischardged, anie thinge in oure said former lettres patents conserninge the said plantacion contayned in aniewise to the contrarie notwithstandinge; streightlie chardginge and commaundinge the President and Counsell nowe resident in the said Collonie upon their alleadgiance after knowledge given unto them of oure will and pleasure by theis
presentes signified and declared, that they forth with be obedient to such governor or governers as by oure said Counsell here resident shalbe named and appointed as aforesaid; and to all direccions, orders and commandements which they shall receive from them, aswell in the present resigninge and giveinge upp of their aucthoritie, offices, chardg and places, as in all other attendannce as shalbe by them from time to time required.

     And wee doe further by theis presentes ordaine and establishe that the said Treasurer and Counsell here resident, and their successors or anie fower of them assembled (the Treasurer beinge one), shall from time to time have full power and aucthoritie to admitt and receive anie other person into their companie, corporacion and freedome; and further, in a generall assemblie of the adventurers, with the consent of the greater parte upon good cause, to disfranchise and putt oute anie person or persons oute of the said fredome and Companie.

     And wee doe also grannt and confirme for us, oure heires and
successors that it shalbe lawfull for the said Treasurer and Companie and their successors, by direccion of the Governors there, to digg and to serche for all manner of mynes of goulde, silver, copper, iron, leade, tinne and other mineralls aswell within the precincts aforesaid as within anie parte of the maine lande not formerly graunted to anie other; and to have and enjoye the gould, silver, copper, iron, leade, and tinn, and all other mineralls to be gotten thereby, to the use and behoofe of the said Companie of Planters and Adventurers, yeldinge therefore and payinge yerelie unto us, oure heires and successors, as
aforesaid.

     And wee doe further of oure speciall grace, certaine knowledge and meere motion, for us, oure heires and successors, grannt, by theis presents to and withe the said Treasurer and Companie and their successors, that it shalbe lawfull and free for them and their assignes at all and everie time and times here after, oute of oure realme of England and oute of all other [our] dominions, to take and leade into the said voyage, and for and towards the said plantacion, and to travell thitherwards and to abide and inhabite therein the said Colonie and plantacion, all such and so manie of oure lovinge subjects, or anie other straungers that wilbecomme oure lovinge subjects and live under
oure allegiance, as shall willinglie accompanie them in the said voyadge and plantation with sufficient shippinge armour, weapons, ordinannce, municion, powder, shott, victualls, and such merchaundize or wares as are esteemed by the wilde people in those parts, clothinge, implements, furnitures, catle, horses and mares, and all other thinges necessarie for the said plantation and for their use and defence and trade with the people there, and in passinge and retourninge to and from without yeldinge or payinge subsedie, custome, imposicion, or anie other taxe or duties to us, oure heires or successors, for the space of seaven yeares from the date of theis presents; provided, that none of
the said persons be such as shalbe hereafter by speciall name restrained by us, oure heires or successors.

     And for their further encouragement, of oure speciall grace and favour, wee doe by theis present for us, oure heires and successors, yeild and graunte to and with the said Treasurer and Companie and their successors and everie of them, their factors and assignes, that they and every of them shalbe free and quiett of all subsedies and customes in Virginia for the space of one and twentie yeres, and from all taxes and imposicions for ever, upon anie goods or merchaundizes at anie time or times hereafter, either upon importation thither or exportation from thence into oure realme of England or into anie other of oure [realms or] dominions, by the said Treasurer and Companie and their successors, their deputies, factors [or] assignes or anie of them, except onlie the five pound per centum due for custome upon all such good and merchanndizes as shalbe brought or imported into oure realme of England or anie other of theis oure dominions accordinge to the auncient trade of merchannts, which five poundes per centum onely beinge paid, it shalbe thensforth lawfull and free for the said Adventurers the same goods [and] merchaundizes to export and carrie oute of oure said dominions into forraine partes without anie custome, taxe or other duty to be paide to us oure heires or successors or to anie other oure
officers or deputies; provided, that the saide goods and merchaundizes be shipped out within thirteene monethes after their first landinge within anie parte of those dominions.

     And wee doe also confirme and grannt to the said Treasurer and Companie, and their successors, as also to all and everie such governer or other officers and ministers as by oure said Counsell shalbe appointed, to have power and aucthoritie of governement and commannd in or over the said Colonie or plantacion; that they and everie of them shall and lawfullie maie from tyme to tyme and at all tymes forever hereafter, for their severall defence and safetie, enconnter, expulse, repell and resist by force and armes, aswell by sea as by land, and all
waies and meanes whatsoever, all and everie such person and persons whatsoever as without the speciall licens of the said Treasurer and Companie and their successors shall attempte to inhabite within the said  severall precincts and lymitts of the said Colonie and plantacion; and also, all and everie such person and persons whatsoever as shall enterprise, or attempte at anie time hereafter, destruccion, invasion, hurte, detriment or annoyannce to the said Collonye and plantacion, as is likewise specified in the said former grannte.

     And that it shalbe lawful for the said Treasurer and Companie, and their successors and everie of them, from time to time and at all times hereafter, and they shall have full power and aucthoritie, to take and surprise by all waies and meanes whatsoever all and everie person and persons whatsoever, with their shippes, goods and other furniture, traffiquinge in anie harbor, creeke or place within the limitts or precincts of the said Colonie and plantacion, [not] being allowed by the said Companie to be adventurers or planters of the said Colonie,
untill such time as they beinge of anie realmes or dominions under oure obedience shall paie or agree to paie, to the hands of the Treasurer or [of] some other officer deputed by the said governors in Virginia (over and above such subsedie and custome as the said Companie is or here after shalbe to paie) five poundes per centum upon all goods and merchaundizes soe brought in thither, and also five per centum upon all goods by them shipped oute from thence; and being straungers and not under oure obedience untill they have payed (over and above such subsedie and custome as the same Treasurer and Companie and their successors is or hereafter shalbe to paie) tenn pounds per centum upon all such goods, likewise carried in and oute, any thinge in the former lettres patents to the contrarie not withstandinge; and the same sommes of monie and benefitt as aforesaid for and duringe the space of one and twentie yeares shalbe wholie imploied to the benefitt and behoof of the said Colonie and plantacion; and after the saide one and twentie yeares ended, the same shalbe taken to the use of us, oure heires or successors, by such officer and minister as by us, oure heires or successors, shalbe thereunto assigned and appointed, as is specified in the said former lettres patents.

     Also wee doe, for us, oure heires and successors, declare by theis presents, that all and everie the persons beinge oure subjects which shall goe and inhabit within the said Colonye and plantacion, and everie of their children and posteritie which shall happen to be borne within [any] the lymitts thereof, shall have [and] enjoye all liberties, franchesies and immunities of free denizens and naturall subjects within anie of oure other dominions to all intents and purposes as if they had bine abidinge and borne within this oure kingdome of England or in anie other of oure dominions.

     And forasmuch as it shalbe necessarie for all such our lovinge subjects as shall inhabitt within the said precincts of Virginia aforesaid to determine to live togither in the feare and true woorshipp of Almightie God, Christian peace and civill quietnes, each with other, whereby everie one maie with more safety, pleasure and profitt enjoye that where unto they shall attaine with great paine and perill, wee, for us, oure heires and successors, are likewise pleased and contented and by theis presents doe give and graunte unto the said Tresorer and Companie and their successors and to such governors, officers and ministers as shalbe, by oure said Councell, constituted and appointed, accordinge to the natures and lymitts of their offices and places respectively, that they shall and maie from time to time for ever hereafter, within the said precincts of Virginia or in the waie by the seas thither and from thence, have full and absolute power and aucthority to correct, punishe, pardon, governe and rule all such the subjects of us, oure heires and successors as shall from time to time adventure themselves in anie voiadge thither or that shall at anie tyme hereafter inhabitt in the precincts and territorie of the said Colonie as aforesaid, accordinge to such order, ordinaunces, constitution,
directions and instruccions as by oure said Counsell, as aforesaid, shalbe established; and in defect thereof, in case of necessitie according to the good discretions of the said governours and officers respectively, aswell in cases capitall and criminall as civill, both marine and other, so alwaies as the said statuts, ordinannces and proceedinges as neere as convenientlie maie be, be agreable to the lawes, statutes, government and pollicie of this oure realme of England.

     And we doe further of oure speciall grace, certeine knowledge and mere mocion, grant, declare and ordaine that such principall governour as from time to time shall dulie and lawfullie be aucthorised and appointed, in manner and forme in theis presents heretofore expressed, shall [have] full power and aucthoritie to use and exercise marshall lawe in cases of rebellion or mutiny in as large and ample manner as oure leiutenant in oure counties within oure realme of England have or
ought to have by force of their comissions of lieutenancy. And furthermore, if anie person or persons, adventurers or planters, of the said Colonie, or anie other at anie time or times hereafter, shall transporte anie monyes, goods or marchaundizes oute of anie [of] oure kingdomes with a pretence or purpose to lande, sell or otherwise dispose the same within the lymitts and bounds of the said Collonie, and yet nevertheles beinge at sea or after he hath landed within anie part of the said Colonie shall carrie the same into anie other forraine Countrie, with a purpose there to sell and dispose there of that, then all the goods and chattels of the said person or persons so offendinge and transported, together with the shipp or vessell wherein such
transportacion was made, shalbe forfeited to us, oure heires and successors.

     And further, oure will and pleasure is, that in all questions and doubts that shall arrise upon anie difficultie of construccion or interpretacion of anie thinge contained either in this or in oure said former lettres patents, the same shalbe taken and interpreted in most ample and beneficiall manner for the said Tresorer and Companie and their successors and everie member there of.

     And further, wee doe by theis presents ratifie and confirme unto the said Tresorer and Companie and their successors all privuleges, franchesies, liberties and immunties graunted in oure said former lettres patents and not in theis oure lettres patents revoked, altered, channged or abridged.

And finallie, oure will and pleasure is and wee doe further hereby for us, oure heires and successors grannte and agree, to and with the said Tresorer and Companie and their successors, that all and singuler person and persons which shall at anie time or times hereafter adventure anie somme or sommes of money in and towards the said plantacion of the said Colonie in Virginia and shalbe admitted by the said Counsell and Companie as adventurers of the said Colonie, in forme aforesaid, and shalbe enrolled in the booke or record of the adventurers of the said Companye, shall and maie be accompted, accepted, taken, helde and reputed Adventurers of the said Collonie and shall and maie enjoye all and singuler grannts, priviledges, liberties, benefitts, profitts, commodities [and immunities], advantages and emoluments whatsoever as fullie, largely, amplie and absolutely as if they and everie of them had ben precisely, plainely, singulerly and
distinctly named and inserted in theis oure lettres patents.

And lastely, because the principall effect which wee cann desier or expect of this action is the conversion and reduccion of the people in those partes unto the true worshipp of God and Christian religion, in which respect wee would be lothe that anie person should be permitted to passe that wee suspected to affect the superstitions of the Churche of Rome, wee doe hereby declare that it is oure will and pleasure that none be permitted to passe in anie voiadge from time to time to be made into the saide countrie but such as firste shall have taken the oath of
supremacie, for which purpose wee doe by theise presents give full power and aucthoritie to the Tresorer for the time beinge, and anie three of the Counsell, to tender and exhibite the said oath to all such persons as shall at anie time be sent and imploied in the said voiadge.

    Although expresse 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 witnes 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
 

Footnote #3
The Third Virginia Charter

The Third Virginia Charter, 1612

     James, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith; To all  to whom these Presents shall come, Greeting. Whereas at the humble Suit of divers and sundry our loving Subjects, as well Adventurers as Planters of the first Colony in Virginia,  and for the Propagation of Christian Religion, and Reclaiming of People barbarous, to Civility and Humanity,  We have, by our Letters-Patents, bearing Date at Westminster,  the three-and-twentieth Day of May, in the seventh  Year of our Reign of England, France, and Ireland,  and the two-and-fortieth of Scotland, Given and Granted  unto them that they and all such and so many of our loving  Subjects as should from time to time, for ever after,  be joined with them as Planters or Adventurers in the said  Plantation, and their Successors, for ever, should be one  Body politick, 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 whereas also for the greater Good and Benefit  of the said Company, and for the better
Furtherance,  Strengthening, and Establishing of the said Plantation, we  did further Give, Grant and Confirm, by our Letters-   Patents unto the said Company and their Successors, for  ever, all those Lands, Countries or Territories, situate, lying  and being in that Part of America called Virginia, from  the Point of Land called Cape or Point Comfort all along  the Sea Coasts to the Northward two hundred Miles; and  from the said Point 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 into the Land throughout from  Sea to Sea West and North-west; and also all the Islands  lying within one hundred Miles along the Coast of both  the Seas of the Precinct aforesaid; with divers other Grants,  Liberties, Franchises and Preheminences, Privileges, Profits, Benefits, and Commodities granted in and by our said  Letters-patents to the said Treasurer and Company and  their Successors for ever.  Now forasmuch as we are given to understand, that in  those Seas adjoining to the said Coasts of Virginia, and  without the Compass of those two hundred Miles by Us  so granted unto the said Treasurer and Company as aforesaid,  and yet not far distant from the said Colony in  Virginia, there are or may be divers Islands lying desolate  and uninhabited, some of which are already made known  and discovered by the Industry, Travel, and Expences of  the said Company, and others also are supposed to be and  remain as yet unknown and undiscovered, all and every  of which it may import the said Colony both in Safety and  Policy of Trade to populate and plant; in Regard whereof,  as well for the preventing of Peril, as for the better Commodity  of the said Colony, they have been humble suitors  unto Us, that We would be pleased to grant unto them an  Enlargement of our said former Letters-patents. . . . all  and singular those Islands whatsoever situate and beiiig  in any Part of the Ocean Seas bordering upon the Coast  of our said first Colony in Virginia, and being within  three Hundred Leagues of any of the Parts heretofore  granted to the said Treasurer and Company in our said  former Letters-Patents as aforesaid. . . . To have and to  hold, possess and enjoy, all and singular the said Islands  in the said Ocean Seas so lying and bordering upon the  Coast and Coasts of the Territories of the said first Colony  in Virginia, as aforesaid. With all and singular the said Soils, Lands, Grounds, and all and singular other the  Premises heretofore by these Presents granted or mentioned  to be granted to them. . . .  And We are further pleased, and We do by these Presents grant and confirm, that Philip Earl of Montgomery, William Lord Paget, sir John Starrington, Knight  etc., whom the said Treasurer and Company have since  the said last Letters-Patents nominated and set down as  worthy and discreet Persons fit to serve Us as Counsellors,  to be of our Council for the said Plantation, shall be reputed,  deemed, and taken as Persons of our said Council  for the said first Colony, in such Manner and Sort, to all  Intents and Purposes, as those who have been formerly  elected and nominated as our Counsellors for that Colony,  and whose Names have been, or are inserted and expressed  in our said former Letters-Patents.  And we do hereby ordain and grant by these Presents  that the said Treasurer and Company of Adventurers and  Planters aforesaid, shall and may, once every week, or  oftener, at their Pleasure, hold, and keep a Court and Assembly  for the better Order and Government of the said  Plantation, and such Things as shall concern the same:

And that any five Persons of our Council for the said first  Colony in Virginia, for the Time being, of which Company  the Treasurer, or his Deputy, to be always one, and the  Number of fifteen others, at the least, of the Generality  of the said Company, assembled together in such Manner.  as is and bath been heretofore used and accustomed, shall  be said, taken, held, and reputed to be, and shall be a  sufficient Court of the said Company, for the handling and  ordering, and dispatching of all such casual and particular  Occurrences, and accidental Matters, of less Consequence  and Weight, as shall from Time to Time happen, touching  and concerning the said Plantation  And that nevertheless, for the handling, ordering, and  disposing of Matters and Affairs of greater Weight and  Importance, and such as shall or may, in any Sort, concern  the Weal Publick and general Good of the said Company  and Plantation, as namely, the Manner of Government  from Time to Time to be used, the ordering and Disposing  of the Lands and Possessions, and the settling and establishing  of a Trade there, or such like, there shall be held  and kept every Year, upon the last Wednesday, save one,  of Hillary Term, Easter, Trinity, and Michaelmas Terms,  for ever, one great, general, and solemn Assembly, which  four Assemblies shall be stiled and called, The four Great  and General Courts of the Council and Company of Adventurers  for Virginia; In all and every of which said  Great and General Courts, so assembled, our Will and  Pleasure is, and we do, for Us, our Heirs and Successors,  for ever, Give and Grant to the said Treasurer and Company,  and their Successors for ever, by these Presents, that  they, the said Treasurer and Company, or the greater Number  of them, so assembled, shall and may have full Power  and Authority, from Time to Time, and at all Times  hereafter, to elect and chuse discreet Persons, to be of our  said Council for the said first Colony in Virginia, and to  nominate and appoint such Officers as they shall think fit  and requisite, for the
Government, managing, ordering,  and dispatching of the Affairs of the said Company; And  shall likewise have full Power and Authority, to ordain  and make such Laws and Ordinances, for the Good and  Welfare of the said Plantation, as to them from Time to  Time, shall be thought requisite and meet: So always, as  the same be not contrary to the Laws and Statutes of this  our Realm of England. . . .

An Ordinance And Constitution Of The Virginia Company
 

Footnote #4
An Ordinance and Constitution of the Virginia, and the creation of
Counsel of State
Company in England, 24 July 1621

An Ordinance and Constitution of the Treasurer Council, and
Company in England, for a Council of State and General Assembly.
     I. To all people, to whom these presents shall come, be seen, or heard, the treasurer, council, and company of adventurers and planters for the city of London for the first colony of Virginia, send greeting. Know ye, that we, the said treasurer, council, and company, taking into our careful consideration the present state of the said colony of Virginia, and intending by the divine assistance, to settle such a form of government there, as may be to the greatest benefit and comfort of the people, and whereby all injustice, grievances, and oppression may be prevented and kept off as much as possible, from the said colony, have thought fit to make our entrance, by ordering and establishing such supreme councils, as may not only be assisting to the governor for the time being, in the administration of justice, and the executing of other duties to this office belonging, but also, by their vigilant care and prudence, may provide, as well for a remedy of all inconveniences, growing from time to time, as also for advancing of increase, strength, stability, and prosperity of the said colony:
     II. We therefore, the said treasurer, council, and company,  by authority directed to us from his majesty under the great seal, upon mature deliberation, do hereby order and declare, that, from hence forward, there shall be two supreme councils in Virginia, for the better government of the said colony aforesaid.
     III. The one of which councils, to be called