Concession of 15 May 1213
There
is a baseless theory floating around that King John’s
“Concession of 15 May 1213" with the Pope means that, even
today, the Vatican owns both England and the United States of
America. Like many groundless ideas that get promoted, advocates
of arguments like this one focus on a single fact and then draw
wild conclusions.
The
“Concession” required payments from the English King to the
Pope, but history shows that King John did not make the required
payment for the following year. As explained in this
Wikipedia article regarding King
John, he did not make the "required" payment the following
year:
“Under
mounting political pressure, John finally negotiated terms for
a reconciliation, and the papal terms for submission were
accepted in the presence of the papal legate Pandulph in May
1213 at the Templar Church at Dover.[177] As part of the deal,
John offered to surrender the Kingdom of England to the papacy
for a feudal service of 1,000 marks (equivalent to £666 at the
time) annually: 700 marks (£466) for England and 300 marks
(£200) for Ireland, as well as recompensing the church for
revenue lost during the crisis.[178] The agreement was
formalised in the Bulla Aurea, or Golden Bull. This resolution
produced mixed responses. Although some chroniclers felt that
John had been humiliated by the sequence of events, there was
little public reaction.[179] Innocent benefited from the
resolution of his long-standing English problem, but John
probably gained more, as Innocent became a firm supporter of
John for the rest of his reign, backing him in both domestic
and continental policy issues.[180] Innocent immediately
turned against Philip, calling upon him to reject plans to
invade England and to sue for peace.[180] John paid some of
the compensation money he had promised the church, but he ceased making payments in late 1214,
leaving two-thirds of the sum unpaid; Innocent appears to
have conveniently forgotten this debt for the good of the
wider relationship."
Some payments to the Pope were made pursuant to this agreement
off and on for a little more than the next 100 years, eventually
ending. “The last payment ever recorded was a token £1,000 from
Edward III in 1333, in expectation of papal favours.” See When
Did the Pope Rule England.
In 1366, the English Parliament concluded that King
John had no authority to make the concession. Sir
William Blackstone noted in his Commentaries
(book 4, ch. 8) regarding this alleged concession to the
Pope:
And when
the holy see resented these proceedings, and pope Urban V
attempted to revive the vasalage and annual rent to which king
John had subjected his kingdom, it was unanimously agreed by
all the estates of the realm in parliament assembled, 40 Edw.
III., that king John's donation was null and void, being
without the concurrence of parliament, and contrary to his
coronation oath: and all the temporal nobility and commons
engaged, that if the pope should endeavour by process or
otherwise to maintain these usurpations, they would resist and
withstand him with all their power.
It is alleged that
this concession was a treaty, but if it was, it is subject to
another fact regarding treaties: they are often broken. King
Henry VIII broke with the Vatican and established the Church of
England, seizing Catholic properties. See this article regarding
the Reformation,
and this Wikipedia history of King
Henry VIII.
History reveals that
both Henry VIII and Oliver Cromwell essentially ended all of the
Papacy’s connections with England. See this Wikipedia article
regarding the English
Reformation, which states:
"The Act in
Restraint of Appeals, drafted by Cromwell, apart from
outlawing appeals to Rome on ecclesiastical matters, declared
that:
"This realm of England is an Empire, and so hath been accepted
in the world, governed by one Supreme Head and King having the
dignity and royal estate of the Imperial Crown of the same,
unto whom a body politic compact of all sorts and degrees of
people divided in terms and by names of Spirituality and
Temporality, be bounden and owe to bear next to God a natural
and humble obedience.
"This declared England an independent country in every
respect."
The
above (along with lots of other authority) demonstrates that
certainly by the time of Henry VIII and Oliver Cromwell, the
Pope did not own or control England. The above theory is
thus a false, baseless contention.
Furthermore, Parliament enacted a number of laws establishing
various crimes, known as praemunire,
with substantial punishments for an Englishman to make appeals
to the Pope and Vatican. A Catholic priest conducting church
services exposed himself to jail.
But does the English Monarchy or even England have any
legal control over the United States of America? Please remember
that there was indeed (contrary to contentions of the
revisionists) an American Revolution. And both English and
American courts long ago held that the Revolution severed all
legal connections between our country and the English
crown/England. If the English Monarchy has no legal control over
these United American States, he certainly could not have
similar control as agent of the Pope.
Some
simple facts regarding the "we are subjects of the British
Crown" argument:
Several years ago, some folks developed an
argument that "we are still subjects of the British crown" and
started promoting it. You are free to believe that argument
which will waste your time. Here is a simple refutation of that
argument:
1. The Articles
of Confederation provided as follows:
"Article
II. Each state retains its sovereignty, freedom, and
independence, and every Power, Jurisdiction and right, which
is not by this confederation expressly delegated to the United
States, in Congress assembled."
2. On February
6, 1778, the United States entered into a Treaty
of
Alliance with France (8 Stat. 6). On July 16,
1782, we borrowed substantial sums from King Louis
XVI of
France, via an agreement
signed by French Foreign Minister Charles
Gravier
de Vergennes. It must be noted that there are people who
erroneously assert that this loan was really secured from the
Brits instead of the French (you can be the judge of their
honesty).
3. Our country and the British Crown signed the Treaty
of
Peace on September 3, 1783 (8 Stat. 218), the first
provision of which reads as follows:
"His
Britannic Majesty acknowledges the said United States, viz,
New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence
Plantations, Connecticut, New-York, New-Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North-Carolina, South-Carolina,
and Georgia, to be free, sovereign and independent
States; that he treats with them as such; and for himself, his
heirs and successors, relinquishes all claims to the
government, proprietary and territorial rights of the
same, and every part thereof."
See also Nov. 30, 1782
Provisional
Treaty and Jan. 20, 1783 Treaty
of
Cessation of Hostilities.
Does this 1783 Peace Treaty still exist? All
one needs to do to confirm this is to check out a
government publication entitled "Treaties in Force" which
can be found in any good library, especially a university
library. Under the list of our treaties with Great Britain and
the United Kingdom, you will find that this 1783 treaty is still
in effect, at least a part of it: "Only article 1 is in force."
Art.1 was the section of this treaty acknowledging our
independence. The War of 1812 resulted in modifications of this
treaty and so did later treaties.
4. The courts have not been silent regarding the effect of the
Declaration of Independence and the Treaty of Peace. For
example, the consequences of independence were explained in Harcourt
v.
Gaillard, 25 U.S. (12 Wheat.) 523, 526-27 (1827),
where the Supreme Court stated:
"There
was no territory within the United States that was claimed
in any other right than that of some one of the confederated
states; therefore, there could be no acquisition of
territory made by the United States distinct from, or
independent of some one of the states.
"Each declared itself sovereign and independent, according
to the limits of its territory.
"[T]he soil and sovereignty within their acknowledged limits
were as much theirs at the declaration of independence as at
this hour."
In M'Ilvaine
v.
Coxe's Lessee, 8 U.S. (4 Cranch) 209, 212 (1808),
the Supreme Court held:
"This
opinion is predicated upon a principle which is believed to be
undeniable, that the several states which composed this Union,
so far at least as regarded their municipal regulations,
became entitled, from the time when they declared themselves
independent, to all the rights and powers of sovereign states,
and that they did not derive them from concessions made by the
British king. The treaty of peace contains a recognition of
their independence, not a grant of it. From hence it results,
that the laws of the several state governments were the laws
of sovereign states, and as such were obligatory upon the
people of such state, from the time they were enacted."
In reference to the
Treaty of Peace, this same court stated:
"It
contains an acknowledgment of the independence and sovereignty
of the United States, in their political capacities, and a
relinquishment on the part of His Britannic Majesty, of all
claim to the government, propriety and territorial rights of
the same. These concessions amounted, no doubt, to a formal
renunciation of all claim to the allegiance of the citizens of
the United States".
Finally, in Inglis
v. Trustees of the Sailor's Snug Harbor, 28 U.S. (3
Peters) 99, 120-122 (1830), the question squarely arose as to
whether Americans are "subjects of the crown," a proposition
flatly rejected by the Court:
"It is
universally admitted both in English courts and in those of
our own country, that all persons born within the colonies of
North America, whilst subject to the crown of Great Britain,
were natural born British subjects, and it must necessarily
follow that that character was changed by the separation of
the colonies from the parent State, and the acknowledgment of
their independence.
"The rule
as to the point of time at which the American antenati ceased to be
British subjects, differs in this country and in England, as
established by the courts of justice in the respective
countries. The English rule is to take the date of the Treaty
of Peace in 1783. Our rule is to take the date of the
Declaration of Independence."
In support of the rule
set forth in this case, the court cited an English case to
demonstrate that the English courts had already decided that
Americans were not subjects of the crown:
"The
doctrine of perpetual allegiance is not applied by the British
courts to the American antenati.
This is fully shown by the late case of Doe v. Acklam, 2 Barn.
& Cresw. 779. Chief Justice Abbott says: ‘James Ludlow,
the father of Francis May, the lessor of the plaintiff, was
undoubtedly born a subject of Great Britain. He was born in a
part of America which was at the time of his birth a British
colony, and parcel of the dominions of the crown of Great
Britain; but upon the facts found, we are of opinion that he
was not a subject of the crown of Great Britain at the time of
the birth of his daughter. She was born after the independence
of the colonies was recognized by the crown of Great Britain;
after the colonies had become United States, and their
inhabitants generally citizens of those States, and her
father, by his continued residence in those States, manifestly
became a citizen of them.' He considered the Treaty of Peace
as a release from their allegiance of all British subjects who
remained there. A declaration, says he, that a State shall be
free, sovereign and independent, is a declaration that the
people composing the State shall no longer be considered as
subjects of the sovereign by whom such a declaration is made."
Notwithstanding the fact that English and American courts long ago
rejected this argument, I still encounter e-mail from parties who
contend that this argument is correct. For example, just recently
I ran across this note which states:
"In other
words, the interstate system of banks is the private property
of the King... This means that any profit or gain anyone
experienced by a bank/thrift and loan/employee credit union
any regulated financial institution carries with it as an
operation of law the identical same full force and effect as
if the King himself created the gain. So as an operation of
law, anyone who has a depository relationship, or a credit
relationship, with a bank, such as checking, savings, CD's,
charge cards, car loans, real estate mortgages, etc., are
experiencing profit and gain created by the King, so says the
Supreme Court. At the present time, Mr. Condo, you have bank
accounts (because you accept checks as payment for books and
subscriptions), and you are very much in an EQUITY
RELATIONSHIP with the King
This note also alleged
that George
Mercier, who wrote an article apparently popular among those
who believe the "contract theory" of government, was a retired
judge, which is false. Just because you read it on the Net does
not make it true.
See also this
article, We
Ain't Brits.