The Constitutions Part Vll
Part I: The people were “not a party” to the Constitution.
Part II: There are two forms of government - free and not free.
Part III: The people opposed the Constitution for good cause.
Part IV: Consolidation of power by men is a rejection of God.
Part V: To retain rights you must accept responsibility.
Part VI: Application for benefit, oaths and affirmation lead to bondage.
A Quest for Freedom
The entire history and struggle of man has been marked with his desire to take from or dominate his brother. Every crime, conflict, division and war has been the result of man’s desire or willingness to abuse the rights of others. This battle is more often mutual in intent with the better claim being the lesser of two evils.
Adam and Eve may have sinned against God, but when they hid from the truth of their failing they created a gulf, a vacuum, to be filled with the intent of evil, passed down from generation to generation. Since Cain killed Abel this conflict has been our birthright and our burden. It has been the temptation of every man.
God is the creator, the giver of life, the bestower of love and charity. If we are to return to Him we must return to that character of God by living a life exemplary of His nature. We must act in His name.
There will be no freedom for those who will not return to the ways of God and His Kingdom. God wants us to be free, to possess the earth, to care for it, preserve it, to love one another as he loves us. Christ came that we might be saved, but we must repent and receive His baptism. We must walk in His way according to His sacrifice, by His love and in hope of His everlasting dominion.
There is no purpose in heaven and on earth to seek to own land except for the purposes of God. God’s purpose is to bless us and keep us. Our purpose must be to bless also.1 God will be our protector if we are a blessing to others.2 This was the mission of the Church appointed3 by Christ to consecrate all men,4 all nations with the blessings of liberty.5 If we are Christ’s servants we must know that Christ did not come to save Himself but to save others.6 Can we do less and say we follow Him?
All roads lead to Rome and Babylon and all roads lead to the Kingdom of Heaven. The difference is the direction we are going. Most people are easily distracted by that which offers the greatest comfort. Age upon age men and women are seduced into taking the wrong path and wake up with a loss of liberty.
“The people never give up their liberties except under some delusion.”7
The problem remains the same. It is ingrained in our fallen nature. The solution has not changed either. We must repent, turn around, change directions, but can we wrought such change without divine grace and virtue? We must fundamentally change the way we live. Christ said we were to strive. He said it was the doers, not the hearers only. We have gone away from God. How do we go back to the way we should have gone from the beginning?
“For I say unto you, That except your righteousness shall exceed [the righteousness] of the scribes and Pharisees, ye shall in no case enter into the kingdom of heaven.” Mt. 5:20
The Greek word righteousness is defined as “state of him who is as he ought to be, righteousness, the condition acceptable to God.” We end up in a state we ought not to be because our righteousness does not exceed even the scribes and Pharisees.
The people in Judea fell under Roman influence because they failed to live faithful to the precepts of Jesus Christ or God. Some of them failed to do so because their ministers failed to teach the people the truth... This is true today. We are to blame for the present state of things. We cannot change the course of the world but we can repent and go another way.
A Place to Stand
“And the LORD God took the man, and put him into the garden of Eden to dress it and to keep it.” Genesis 2:15
In the beginning, God gave man dominion over the earth and all that is in it. Each man is a trustee of the corpus of that endowment. Man himself is made from that same earth upon which he stands. God never granted authority of man over man, but father over son, parent over child. Man’s right to stand upon the land is passed from generation to generation8 that is His kingdom.
“Freeman; the possessors of allodial lands.”9
The family was God’s institution, and they were supposed to possess the land and subdue it but not their brothers. While, “Possession is, as it were, the position of the foot”.10 the question is - who owns the foot, the man or his master?
Are we those free souls under God or have we gone under the authority and poower of other men subjecting ourselves as subjects?
The ownership of land meant freedom. It meant you were not a serf or bound to pay rent. A freeman is defined as having an ‘ownership of land’ still to this day in the Oxford dictionary. How can a man be king of his own home if he has no right to its “use”?
If you did not own land, untaxed, as an allodial11 then you were not by definition a freeman or eligible to sit on a jury with the power to judge law.
“Liber homo. A free man; a freeman lawfully competent to act as juror.”12
For over a thousand years the Jury was the only one who could decide fact and law. You picked the jury if you were brought into court by the complaint of your neighbor. You could not stack the jury because both sides could exclude men who were prejudiced or you believed to be prejudiced or incompetent. Both sides would have to agree upon the jury and then your peers would judge both fact and the law of the case. Men were answerable to their neighbors and community and the people who they worked and lived with. The Norman king, William, believed he was the fountainhead of justice and imposed his own courts upon the people of England. Again justice filtered down through a ruler who exercised authority and appointed judges, an office not allowed in England since the last of the Roman legions.
“Before the Norman conquest of England in 1066 the people were the fountainhead of justice. The Anglo-Saxon courts of those days were composed of large numbers of freemen and the law which they administered, was that which had been handed down by oral tradition from generation to generation. In competition with these non professional courts the Norman king, who insisted that he was the fountainhead of justice, set up his own tribunals. The judges who presided over these royal courts were agents or representatives of the king, not of the people; but they were professional lawyers who... gradually all but displaced the popular, nonprofessional courts.”13
The idea of having a king displeased Samuel the prophet when the people asked for such a king in 1 Samuel 8, where he warns the people of what would come from turning away from God and calling upon a ruler or central government.
Any opposition to William the Conqueror or his successors was quickly stamped out. Survivors were required to take oaths of fealty just to get back a “legal title” to their property. A legal title did not include the beneficial interest which was now held by the King. Taxes could now be imposed on that land. With the loss of clear and good titles to land, through the encroaching registration in the Doomsday Book, “competent” jurors were hard to find and the top down courts of the king became prominent. They were relatively just at first and when they weren’t the strong arm of the king muffled the dissent.
Under the feudal system he required fealty and allegiance.
FEALTY. Fidelity, allegiance.
“Under the feudal system, every owner of lands held them of some superior lord, from whom or from whose ancestors, the tenant had received them. By this connexion the lord became bound to protect the tenant in the enjoyment of the land granted to him; and, on the other hand, the tenant was bound to be faithful to his lord, and defend him against all his enemies. This obligation was called fidelitas, or fealty.”14
Can men return to the state of liberty under which God has wished us to be from the beginning? What does it mean repent and how deep in our own souls must we go to find the answer?
The Church that should have led men to freedom crowned kings over men and made them subjects. This fornication of Church and state drove man from a state of righteousness into bondage again.
The twisting of the word of God allowed men to justify murder and division, oppression and tyranny. This was a return to Babylon. Love of neighbor waned in the hearts of men and the beast in the pit of every man’s heart was unchained. Each oppressed his neighbor overtly or by the neglect of love.
A New Place to Stand
By 1500 there were no more Freemen in England, but there were men and women who wished to be free. Now there was new land in America. Men wished to stand again on their own soil, ruling over their own lives. Those who truly wished it were willing to take a great risk in America to obtain that goal. “Our forefathers, inhabitants of the island of Great Britain, left their native land, to seek on these shores a residence for civil and religious freedom.”15
Civil and religious freedom had become elusive in Great Britain. The people were willing to brave tremendous hardships and even death by the thousands in order to find that freedom.
“All men are freemen or slaves.”16
Those people felt that there was civil and religious freedom to be found here in the Americas. Their new freedom was not comfort and it was not always safe. Their desire for freedom was not the same as a desire for riches. It came from deep within their hearts, minds and souls. Like Abraham, Moses and the Israelites they were willing to set out into the unknown in hopes of possessing their own land and to be freemen again under God alone with no other gods ruling over them.
“The first farmer was the first man, and all historic nobility rests on possession and use of land.”17
Did the king of England set his foot on American soil?
The king sent his representatives with their “subject feet”. Like Armstrong on the Moon they claimed the land for others. He not only allowed His Representatives to come, but others as well. Did some others come to claim some land in their own interest or God’s?
“We are not contending that our rabble, or all unqualified persons, shall have the right of voting, or not be taxed; but that the freeholders and electors, whose right accrues to them from the common law, or from charter, shall not be deprived of that right.”18
A “legal title” allowed the land to be taxed. A freehold title to land accrued rights not available to serfs and transients. With ownership of land you were a freeman, without it you were not
“Many small farmers, traders, liberated servants, and newly arrived immigrants agreed... landholding became in practice (and in settler expectations) ever less tenurial, slowly more allodial.”19
Without the “ownership” of land there could be no civil freedom. Earlier Americans knew this and they also knew that “legal title” did not include the ownership of that land as an estate. Americans understood this so well that men like Ethan Allen and the Green Mountain Boys were willing to burn any business or home where the people were willing to settle for a mere “legal title” to property.20
“Art thou called [being] a servant? care not for it: but if thou mayest be made free, use [it] rather.” (1Co 7:21)
Are men free in America today? Have they lost sight of the mission and purpose of early Americans? Have they slumbered and neglected the weightier matters of law, judgment, mercy and faith? Does any one own land in America today?
A “legal title” is “one cognizable... in a court of law.”21
Legal title is “one which is complete and perfect so far as regards the apparent right of ownership and possession, but which carries no beneficial interest in the property, another person being equitably entitled thereto; in either case, the antithesis of ‘equitable title’.”22
First, we see that a legal title, although it may appear to be a “right of ownership” it “carries no beneficial interest.”23 If a legal title does not include a right to the beneficial interest then it does not include a right to the “profit, benefit, or advantage resulting from a contract,” nor does it include “the ownership of an estate.” After all, a beneficial interest is “distinct from the legal ownership.”24 This means that the beneficial use, which is “the right to use and enjoy property according to one’s own liking or so as to derive a profit or benefit from it...”25 belongs to another and must be paid for annually like rent.
In the simplest of terms a legal title only appears of a right to ownership but it is not the “ownership of an estate.” By definition, a legal title is the opposite - or at least the antithesis - of an “equitable title.” An equitable title as opposed to a legal title “is a right in the party”. More important it is “the beneficial interest of one person whom equity regards as the real owner, although the legal title is vested in another.”26
This is why “The ultimate ownership of all property is in the State: individual so-called ‘ownership’ is only by virtue of Government, i.e. law amounting to mere user; and use must be in accordance with law and subordinate to the necessities of the State.”27 People have lost their right to own the land and the beneficial interest of the land because they have neglected their responsibility to acquire a clear and good title.
“The Principle distinction between the terms ‘lawful’ and ‘legal’ is that the former contemplates the substance of the law, the latter the form of law.... A contract... might be said to be ... Illegal, but would not be described as unlawful... A further distinction is that the word ‘legal’ is used as the synonym of ‘constructive’ which ‘lawful’ is not... Again, ‘legal’ is used as the antithesis of ‘equitable’. Thus we speak of ‘legal assets,’ or ‘lawful estate’.”28
How did this happen? 29 This division of true title into a legal title on one hand verses an equitable title on the other is called equitable conversion. Equitable conversion is a “Constructive conversion.” Conversion is an, “alteration, interchange, metamorphosis, passage, reconstruction...” 30
Clear and good titles “are synonymous; ‘clear title’ meaning that the land is free from incumbrances, ‘good title’ being one free from litigation, palpable defects, and grave doubts, comprising both legal and equitable titles and fairly deducible of record.”31
People are required to get a permit to build on what they think is their land? They have to get permission, a license, to operate what they believe is their car. If they do not pay the use, tribute or excise tax on land, auto, or labor they will pay dearly. A home can be taken for taxes and sold with only a fraction of the value of the property owed in taxes. When it is sold all the money may go to the county. A car can be taken because the use fee is not paid.
We do not own what we think we own. What we have a legal right to is not our lawful possession or lawful estate. The milk and honey belong to another. We have returned to Egypt. There has been a return to feudalism in the form of federalism. It is hard for some to accept we have gone so far astray, but facts are evident at every level to dispel any hope or doubt.
Can we own land as an estate with clear and good title? Can we be freemen again under the perfect law of liberty with honor and grace, without violation of the law of God or man? Is there a way to return to the dominion of God? Did Christ show us the way? Did Christ give us a place to stand.
Bought and Sold
There are so many levels upon which changes have taken place since the early days of man’s quest for freedom in America. It would take volumes to describe the snare in detail. But men are again snared and entangled in the elements of the world, body and soul. There is a simple reason for this journey back into bondage. We have abandoned the path of the Lord and the ways of Christ.
In Proverbs 1:10 we are warned “if sinners entice thee, consent thou not.” It speaks of “one purse” and lurking for gain in some dishonest fashion that will trap you in the very net you set and take your blood.
“We shall have world government... by conquest or consent.”32
In Ezekiel 11:333 the Bible talks about building a city which is a cauldron and the citizens be the flesh. Micah 3:334 also talks about this precept and warns us not to take a bite out of our neighbor with these civil systems created by men because God will not hear your cries.
“But if ye bite and devour one another, take heed that ye be not consumed one of another.” Galatians 5:15
The snares and traps of these systems are dependent upon on our consent at one point and our willingness to covet the goods and service of others. We have seen that the offer of benefits may come in several forms. They may require applications, oaths, affirmations. They may dependent on centralization of authority and power. They also are dependent upon natural and artificial circumstances constructed in society.
We are warned to have no divers weights.35 No one who loved their neighbor would offer them a snake when they ask for bread, or offer a lie when they ask for payment. Yet everyman through sloth and avarice has taken the easy road to perdition. The snare is real. The foolish beget the foolish and blame their folly on others.
“This (Federal Reserve) Act establishes the most gigantic trust on earth. When the president signs this bill, the invisible government by the Monetary Power will be legalized. The people may not know it immediately, but the day of reckoning is only a few years removed. The trust will soon realize that they have gone too far even for their own good....” 36
The operation of legal systems is dependent upon constructions of law by word and deed. The issuance of notes requires collateral or a pledge of value. Everything pledged is hypothecated for the future payment and becomes a part of that gigantic trust?
Has all the gold and silver, precious things from the land and livestock upon it become possessed by another37 and what of the people themselves? Have they to returned to Egypt?
If Christian and Jew, Muslim and Hindu understood the repercussions of debt notes circulating as legal tender they could not have participated in their use and remained faithful to God.
A famine is shortage. And there was a shortage of credit in 1929 that crashed the economy of the United States. Until more collateral was added to secure the debt the shortage would remain.
“American labor, which is the capital of our workingmen.”38