When the American Colonies declared their independence as Sovereign States, in July, 1776, they each adopted the Laws of England as the Common Law of the State. Among the Laws of England so adopted is the Herbalist's Charter, an Act of Henry the Eighth (in the Eighth Year of his reign). It is astonishing to note that many of the issues confronting alternative practitioners today are the same issues which the Act of Parliament addressed. In the Sixteenth Century, as in the Twentieth Century, licensed physicians and surgeons were going to Court to ban the activities of the alternative practitioners of their day, the herbalists. Parliament ordered an end to this misuse of the Courts to enforce licensure, protecting the nutritionists from "suit, vexation, trouble, penalty, or loss of their goods..." This ancient Act of Parliament applied to England and the King's "other dominions" including, of course, the American Colonies, and later, States. This Act has never been repealed, and thus remains part of our Common Law to this day, offering protection to alternative practitioners, "at all Time from henceforth..." as a perpetual Charter of Rights.
The text of the Charter reads:
"An Act that Persons, Being No Common Surgeons, May Administer Outward Medicines
"Where in the Parliament holden at Westminster in the third Year of the King's most gracious Reign, amongst other Things, for the avoiding of Sorceries, Witchcrafts and other Inconveniences, it was enacted, that no Person within the City of London, nor within Seven Miles of the same, should take upon him to exercise and occupy as Physician or Surgeon, except he be first examined, approved, and admitted by the Bishop of London and other, under and upon certain Pains and Penalties in the same Act mentioned;
"Sithence the making of which said Act, the Company and Fellowship of Surgeons of London, minding only their own Lucres and nothing the Profit or ease of the Diseased or Patient, have sued, troubled and vexed divers honest Persons, as well as Men and Women, whom God hath endued with the Knowledge of the Nature, Kind and Operation of certain Herbs, Roots and Waters, and the using and ministring of them to such as been pained with customable Diseases, as Women's Breasts beings sore, a Pin and the Web in the Eye, Uncomis of Hands, Burnings, Scaldings, Sore Mouths, the Stone, Strangury, Saucelim and Morphew, and such other like Diseases; and yet the said Persons have not taken anything for their Pains or Cunning, but have ministered the same to poor People only for Neighborhood and God's sake, and of Pity and Charity:
"And it is now well known that the Surgeons admitted will do no Cure to any Person but where they shall be rewarded with a greater Sum or Reward that the Cure extendeth unto; for in the case they would minister the Cunning unto sore People unrewarded, there should not so many rot and perish to death for Lack or Help of Surgery as daily do; but the greatest part of Surgeons admitted been much more to be blamed than those Persons that they troubled, for although the most Part of the Persons of the said Craft of Surgeons have small Cunning yet they will take great sums of Money, and do little therefore, and by Reason thereof they do oftentimes impair and hurt their Patients, rather than do them good.
"In consideration whereof, and for the Ease, Comfort, Succour, Help, Relief and Health of the King's poor Subjects, Inhabitants of this Realm, now pained or diseased:
"Be it ordained, established and enacted, by Authority of this present Parliament, That at all Time from henceforth it shall be lawful to every Person being the King's subject, having Knowledge and Experience of the Nature of Herbs, Roots and Waters, or of the Operation of the same, by Speculation or Practice, within any part of the Realm of England, or within any other the King's Dominions, to practice, use and minister in and to any outward Sore, Uncome Wound, Aposelmations, outward Swelling or Disease, any Herb or Herbs, Ointments, Baths, Pultess, and Emplaisters, according to their Cunning, Experience and Knowledge in any of the Diseases, Sorea and Maladies beforesaid, and all other like to the same, or Drinks for the Stone, Strangury or Agues, without suit, vexation, trouble, penalty or loss of their goods;
"The foresaid Statute in the foresaid Third Year of the King's most gracious Reign, or any other Act, Ordinance or Statues the contrary heretofore made in anywise, not withstanding."
http://www.leaflady.org/charter.htmThat is because they do not operate under the guideline of laws. The American people have been too trusting, and too busy to keep up with everything that our government does. Not to mention the fact that they have spent decades subtly dumbing down the public. Now some of us wake up, noticing that we have lost our freedoms, and I daresay we are losing more and more each day, at a very rapid rate. Yet, too many are blinded and asleep and think that everything is just fine.
We who are awake need to start making noise int he hopes of waking the others. It's not too late yet. But very close.
Luella
Not only a medical expert, but one of history and jurisprudence too?
Of course you aren't going to find the charter in any state law, just as you will not find most other charters and articles of English Common Law in the state laws, but they were nevertheless each and every one a part of the state laws and still are except as amended or superceded. The common laws of England were not individually copied, but rather incororated as a complete body into the state laws when the original thirteen states were formed and every state since then has incorporated them with the exception of Lousiiana, who incorporated Napoleanic Law.
For example, the New York Constitution of 1777 provides that:
[S]uch parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this State, subject to such alterations and provisions as the legislature of this State shall, from time to time, make concerning the same.
And so, just as I posted, the "Herbalist's Charter of Henry the VIII" was incorporated as an original charter of naturopathic rights from the very inception of our country.
Nice try alright, but it helps to know what you are talking about before making a post. What did you think - that I just stumbled upon the charter and decided it was part of our original laws?
DQ
And now an expert on Texas too?
I suggest you do a bit of reading in cases of law - or consult someone who is able to do so. British common law that is not on the books anywhere in the United States has been used over and over again in court cases all the way from the state to the higher court level. It is, in fact, the foundation that has governed our nation's system of law from the very beginning dating back to the original 13 British colonies.
What the "key phrase" refers to specifically is ALL British Common law plus the laws put on the books by the colonial legislature. That body of laws, ALL British Common law plus laws enacted by the colonial legislatures, and later the state legislatures, makes up the body of state law in every state in the United States except Lousiana, where it is Napoleanic Law plus state enacted law.
Were your assertation true, it would overturn two and a quarter centuries of New York state law and court cases - as well as those of the United State itself and every other state therein - excluding Lousiana.
I will grant you that using the Herbalist's Charter in a court today would create it's share of chuckles. When the mirth subsided however, it could very well be used to establish original intent by our founders and, subsequent laws not withstanding, could be asserted as a guiding principal worth serious consideration: namely that we were intended to have access to treatments outside those purveyed by mainstream doctors. Wisdom and rights that have been valid through all these years and, imho, still hold true no matter how much they have been trampled by the those whose self-serving greed outweighs their compassion for mankind.
Entertaining? Yes, knowledge and learning are always entertaining. I highly recommend it to you.
DQ
BTW - Here is an added bonus: The Republic of Texas idea is pretty much a myth based on the idea that Texas had an escape clause written into the treaty that was signed which made Texas a state. However, the federal income tax is actually not a legal tax.