Capitis Diminutio Maxima is the definitive legal term for the phrase “stripped of Name and Heritage” found in Federal and State apologies for Slavery. Capitis deminutio or capitis diminutio, (lit. “decrease of head”) is a term used in Roman law, referring to the extinguishing, either in whole or in part, of a person’s former legal capacity. See Status Correction Course Book Volume One. The Romans only used majuscule letters (capital letters) and had no minuscule letters (lower case), this does not refer to capital letters in a name.
Civiliter Mortuss or Civilly dead; dead in the view of the law. The condition of one who has lost his civil rights and capacities, and is accounted dead in law. White and Black Sovereign U.S. Citizens (USA Nationals) have been presenting to the public that the phrase Capitis Diminutio Maxima means a maximum loss of status through the use of capitalization of letters, e.g. JOHN DOE or DOE JOHN which is false and clearly a misconstrued perception. The Romans didn’t have lower case letters.
The act of one proclaiming they are Moorish American is not the same as “Status Correction“. Where Moors who are by means of illegal Slavery in the United States of America are wrongfully classified in government records as “Black” or “African American.
The capacity for that condition of loss of legal personality, or the liability to become property, being since that period, confined to the Indian races of America, and African Moors and Negroes; 1. Banc., 167,–that natives from the coast of the America were kidnapped by slavers” cites Peter Martr d’ Anghiera, d. VII., C. 1, 2. Hakluuyt, v. 404, 405, 407. See The Law of Freedom and Bondage in the United States, Volume 1 By Jo…
The right to a nationality is of paramount importance to the realization of other fundamental human rights. Possession of a nationality carries with it the diplomatic protection of the country of nationality and is also often a legal or practical requirement for the exercise of fundamental rights. Consequently, the right to a nationality has been described as the “right to have rights.” See Trop v. Dulles, 356 U.S. 86, 101–02 (1958). Individuals who lack a nationality or an effective citizenship are therefore among the world’s most vulnerable to human rights violations.What is BLOOD?: Kindred; consanguinity; family relationship; relation by descent from a common ancestor. One person is “of the blood” of another when they are related by lineal descent or collateral kinship. Miller v. Speer, 38 N. J. Eq. 572; Delaplaine v. Jones, 8 N. J. Law, 346; Leigh v. Leigh, 15 Ves. 108; Cummings v. Cummings, 146 Mass. 501, 16 N. E. 401; Swasey v. Jaques, 144 Mass. 135, 10 N. E. 758, 59 Am. Rep. 65.”
We believe, as did Chief Judge Clark in the court below, that use of denationalization as a punishment is barred by the Eighth Amendment [Cruel an Unusual]. There may be involved no physical mistreatment, no primitive torture. There is, instead, the total destruction of the individual’s status in organized society. It is a form of punishment more primitive than torture, for it destroys for the individual the political existence that was centuries in the development. The punishment strips the citizen of his status in the national and international political community. His very existence is at the sufferance of the country in which he happens to find himself. While any one country may accord him some rights and, presumably, as long as he remained in this country, he would enjoy the limited rights of an alien, no country need do so, because he is stateless. Furthermore, his enjoyment of even the limited rights of an alien might be subject to termination at any time by reason of deportation. Trop v. Dulles (No. 70)
Ex. 1937 “To further rub salt into his wounds, Judge Emerson denied Green El his “religious identity” as a Moorish-American when passing the sentence by reminding the latter that “he was a NEGRO, and would remain a Negro.” 1“Mohammed Bey’s Follower Draws 5 Years: Judge Gives Green a Good Talk; Tells Him He is a Negro,” The Plaindealer, Jun 18, 1937, pp. 1, 5.” See The Sheiks of Sedition: Father Prophet Mohammed Bey, Mother Jesus Rosie Bey and Kansas City’s Moors (1933-1945), Journal of Religion and Violence, Vol 3 No. 1, Jun 2015
Ex. 2018 “Bey was a 32-year-old, dark-skinned African American man with a long beard. Officer Powell testified that he could not identify Bey’s race upon first seeing him, but he later testified that when he saw Bey, he told Officer Cherry “[h]ey, that’s the red jacket, “the black guy”, red jacket.”7 (App. 115.) Both officers stated that they drew their guns, approached Bey, and ordered him to show his hands. Bey immediately put his hands in the air and turned around to face the officers.” See UNITED STATES OF AMERICA v. MUADHDHIN BEY,
Bey says he’s a sovereign citizen” and therefore can’t lawfully be taxed by Indian or its subdividsions in the abscence of a contract between them and him. (See El v. Ameri-Credit Financial Services, Inc., 710 F.3d 748, 750 (7th Cr. 2013), for a description of the beliefs of so-called sovereign citizens of alleged Moorish origin.) We have repeatedley rejected such claims. See United States v. Johnassen, 759 F.3d 653, 657 and note 2 (7th Cir. 2014); United States v. Benabe, 654 F.3d 753, 767 (7th Cir. 2011); United States v. Hilgeford, 7 F.3d 1340, 1342 (7th Ci9, 1570 (7th Cir. 1990); United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir. 1990). We do so in this case as well, and thus affirm the district. “But we want to take this oppurtunity to examine the rights asserted, in this as in the other cases we’ve cited, by persons describing themselves as sovereign citizens by virtue of their alleged Moorish origin. Most of them are African Americans who belong to the Moorish Science Temple of America (MSTA) and claim to be descendants of the Moors of northern Africa, though they are not; Moors are of mixed Berber and Arab descent rather than being African American in the usual sense of being descended from black Africans.” See Bey v. Indiana, No. 16-1589 (7th Cir. 2017)
This blog is to inform Moors and non Moors who ignorantly subscribe, embraced or adopted the Sovereign Citizen interpretation of Capitis Diminutio in general because it is definitely something Moors and those known as African Americans, Indians, Blacks (Eng.) or Negroes (Spanish) were subjected. Black Racial Identity is in law a “legal disability”. See Fordham Law Professor Concurs Black Status Is a Disability
“Under US law the racialist terms “black” and its predecessor “negro” are synonymous. Both terms hold legal precedential status as a designation of servitude, slavery, and criminality (El Mujaddid)”. “The utilization of official (legal) terminology has typically played a role in the oppression of African and American Indian peoples. Official nomenclature illustrated a person’s legal and social status in the U.S. Various terms were used to identify persons of color (“Asiatic”) who had fallen under…European control and oppression (Pimienta-Bey 119). Unlike the term “black,” the term “negro,” in English, was initially free from an association with slave status; however, it later became “synonymous with enslavement” (Forbes 84).” See Illusions of “Blackness” in Contemporary Visual Culture
“The Portuguese learned in this way that by pursuing their journeys father south they might come to a land where it was possible to obtain “black Moors” as slaves. It was already appreciated that the Negro as a captive was a far more tractable and manageable person than anyone akin to the white man in race. Consequently, during the first hundred years of their African exploration, the Portuguese picked up Negroes by purchase from the Fula and Mandingo chiefs of Senegambia, and also by kidnapping them occasionally on the peninsula of Sierra Leone and on the Liberian Coast. They traded for them on the Gold Coast, in the Congo and Angola countries.” See Portuguese Explorers took every opportunity of kidnapping Moors on Saharan Coast“The English under Elizabeth now deemed the time opportune for gaining a foothold in West Africa. Forts were built at the mouth of the River Gambia in 1588, and towards the close of the sixteenth century English trading-settlements were erected at or near Sierra Leone, and during the seventeenth century, Great Britain became one of the leading Powers of the Gold Coast.” See Liberia Vol. I: Portuguese Assisted break up of Moorish dynasty of Beni-Marin
Dr. Wesley Muhammad broke down in detail with supporting references that the “arabic” word “abyad” (meaning “white”) actually applies to “black” or “dark skin pigment” when used by Arabs (in Classical Arabic) when describing their own skin complexion. See Ancient Kush: Arabia And Her Ancient Races
“Amongst the Whites there are entire populations, whose skin is as black as that of the darkest Negro. I shall only quote the Bishareen and other tribes inhabiting the African coasts of the Red Sea, the black Moors of Senegal, etc. On the other hand, there are yellow Negroes, as the Bosjesmans, who are the colour of light mahogany, or of cafe au lait, as Lingstone tells us.” See The Human Species By Armand de Quatrefages
“Clearly it seems that the “Barbares” or Soninke of the Sahel and Sudan were the “Mauri Bavares” or Babars of Mauritania in what is now Morocco and Algeria possibly pushed down by the Tuareg “the second race of Berbers” and/or Arab Sulaym/Hilal peoples like the Trarza or Hassaniya. They were direct ancestors of the black merchants known as Soninke, Sughai (Isuwaghen or Zawagha) or Wangara who are called “whites” in early African manuscripts. According to Lewicki, in fact, Bavares is also thought to be the name of the people that came to be called the Bafour. “According to some traditions Bafour were whites … belonging to the Berber group of the Zenata. According to non-Muslim tradition the autochthonous inhabitants of Adrar Tmar were agriculturalists…The Bafour, might we think, be identified with the Libyan (Moorish) tribe of the Bavares, active in western part of North Africa in the third to fourth centuries of the Christian era” (Lewicki, Tadeusz, p. 313) See FEAR OF BLACKNESS SERIES – PART II Andalusia and the Mauri: An Exploration of the Original Berbers of Early Sources and their Settlements in Spain by Dana Reynolds Marniche Source: Historical References on the Black African Skin color of the original Berber Tribes
“The word “Caucasian” is in scarcely better repute. It is at best a conventional term, with an altogether fortuitous origin, which, under scientific manipulation, has come to include far more than the unscientific mind suspects. According to Keane, for example, . . . It includes not only the Hindu but some of the Polynesians, (that is the Maori, Tahitians, Samoans, Hawaiians and others), the Hamites of Africa, upon the ground of the Caucasic cast of their features, though in color they range from brown to black. We venture to think that the average well informed white American would learn with some degree of astonishment that the race to which he belongs is made up of such heterogeneous elements.” Source: Hamites are Classed as under “White” In the USA
“One anthropologist who did fieldwork in the 1960s in a village along the Nile near Merowe, for example, noted that the village’s continued to have social obligations toward families who had owned them or their forebears. Since those of higher status frowned upon intermarriage with them, the group had remained largely endogamous. Slave descent, therefore, “blackened” an individual in social terms. Skin color was no index, since in the years before the nationalist transformation that would make Sudanese-ness acceptable, a person of high status could have had dark skin without being regarded as “Black,” or “Sudanese,’ by his community. Such an individual would most likely have identified himself instead as “Arab,’ which conveyed not simply his use of the Arabic language, but, more importantly, his claim of distinguished parentage. Good parentage derived from membership in a patrilineally reckoned tribal group (e.g., the Sha’iqiyya or Baqqara) that claimed a distant Arabian progenitor. The father’s line was paramount, though high status on the mother’s side enhanced social position.” “Ultimately, “Arab” and “Black” were both more important to the Northern Sudanese as labels of status and class rather than of ethnicity or color. The British appear to have absorbed some of these attitudes, in the form of an “Arab”/”Black” classification system that easily dovetailed with their own prejudices and notions of race. The system was also reinforced by their partnership with the Egyptians in the Condominium, since Egyptians tended to carry their own racialized stereotypes about Sudanese slavery and servitude. The result, by and large, was the promotion of policies that favored Arabs over Blacks–high status over low—for the finest academic educations and the most lucrative office jobs. A British soldier, D.C.E. Comyn, provided an insight into this rough classification system in his memoirs, publishd as follows: “Of the 150 men, 50 were pure, straight-haired Arabs; 70 were Kordofan Arabs, who, by intermarriage with the Nubas, tc., have the curly hair of the latter. The remainder were Sudanese.” Source: Living with Colonialism: Nationalism and Culture in Anglo-Egyptian Sudan
“Armond de Quartrefages, an anthropologist at the Museum of National History in Paris, in his book The Human Species, wrote that black inhabitants were found in small numbers and isolated areas in America. Some examples were the Jamassi (Yamassee) of Florida, the Harruas of Brazil (Uruguay), the black Caribs of Saint Vincent on the Gulf of Mexico and the black Zuni of present Arizona and Mexico. In Columbus Journal of the Third Voyage, he said he wanted to find out about the black people the Indians told him about. Indians were found farming yams and taro, an African food, while the Portuguese explorers in Africa saw natives cultivating maize, an Indian product. The Pima Indian tribe, Arizona members of the Uto-Aztecan family of languages of the Southwestern area of the United States, now living in Southern Arizona, have been identified as speaking a Semitic language. Analysis of the language of the Pima Indians revealed that it may be derived from Phonecian Iberian Punic colonist who settled in America from the Basque area of Spain between 800 and 600 B.C. Inscriptions in the Zuni language of Mimbres pottery as well as certain mystic symbols have been discovered to bear a close resemblance to the North African group of languages used in the ancient kingdom of Libya.” See Indians in the Americas: The Untold Story By William Marder Source: Are Moors Indigenous To South Carolina?The Spanish King: To our officials who reside in the city of Seville at the House of Trade of the Indies. We are informed that because of the increase in the price of Negro slaves in Portugal and in the islands of Guinea and Cape Verde, some merchants and other persons who intend to have them for our Indies have gone or sent to buy Negroes in the islands of Sardinia, Majorca, Minorca, and other parts of the Levant in order to send them to our Indies because they say that there they are cheaper. And because many of the Negroes in those parts of the Levant are of the race (casta) of the Moors”. Source: “Deeper Roots” by Abdullah Hakim Quick
Capitis diminutio Maxima was imposed on enslaved Moors and other indigenous peoples. The practice of imposing such a punishment was initiated in the Doctrine of Discovery. The Discovery doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. M’Intosh in 1823. Chief Justice John Marshall explained and applied the way that colonial powers laid claim to lands belonging to foreign sovereign nations during the Age of Discovery. Under it, title to lands lay with the government whose subjects traveled to and occupied a territory whose inhabitants were not subjects of a European Christian monarch. The doctrine has been primarily used to support decisions invalidating or ignoring aboriginal possession of land in favor of colonial or post-colonial governments. See Status Correction Booka Volume I and II.
“There is ample evidence that the northwestern African Muslims, the Moors, and Mooresses of Morocco, constituted colonial targets not only for the Portuguese and the Spaniards but also for the English. One of the dire consequences of the “Portuguese and Spanish conquest of the Atlantic and Mediterranean littoral of Morocco in the fifteenth and sixteenth centuries was the establishment of the large-scale slave trade. See Gustav Ungerer. Moors and Mooresses of Morocco constituted colonial targets only for the Portuguese and the Spaniards, they were also victims of the English who bought the captured slaves at the slave markets of Andalusia. The trade with enslaved Moroccans led to a serious depopulation of the coastal regions of Morocco. See Gustav Ungerer. Shakespeare Studies. Columbia: 2003.Vol. 31 pg.89.”
“The Black Muslims and antecedent organizations like Marcus Garvey’s Universal Negro Association stressed the Moroccan, or Moorish ties of U.S. Negroes, Morocco, while Africa is not a Negro state. although some of its famous leaders were Negroid. Morocco was also a channel in the terrible slave trade that fathered our Negro community.” Foreign Affairs; Our Strongest African Link? By C.L. SULZBERGER; April 25, 1964,
“In fact, a slang term, “Panyar (from the Portuguese Apanhar, to seize, catch, kidnap), had sprung up in the coast jargon to illustrate the English methods. Even English travelers such as William Smith (who went out as a surveyor to the Gold Coast early in the eighteenth century) admit that the English had become very unpopular on the Gold Coast, owing to these aggressions on the natives; and William Smith and his companions endeavored to pass as Frenchmen when they visited Eastern Liberia and the Ivory Coast, ‘because of the bad name the English had acquired.” See Portuguese Explorers took every opportunity of kidnapping Moors on Saharan Coast
“The congressional enactment known as the civil rights law, of February 27, 1875, is not in accordance with the United States Constitution, and consequently inoperative as a measure for the protection of the negro in his manhood rights; and whereas, the customs and traditions of many of the States in the Union are inimical to the negro as a man and as a citizen, he finds neither in the common law nor in the sentiments of his white fellow citizens, that full protection which he has earned by his loyalty and devotion to the nation in its hour of extreme peril. They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect, and that the negro might justly and lawfully be reduced to slavery for his benefit.”See The Difference Between Moor Rights In American Law And The Rights of U.S. Blacks
“Silence has been cast over the history of early English slaveholding in Spain by Gordon Connell-Smith’s study of the English Andalusia Company. It is time to recognize as a historical fact that the majority of the English merchants resident in Andalusia such as Robert and Nicholas Thorne, the geographer Roger Barlow, and Thomas Mailliard–were slave owners. See Shakespeare Studies, Volume 31 edited by Leeds Barroll, Susan Zimmerman ” Some of the merchants trading in Andalusia at that time had places of business both in England and in Spain. One of these was to play a particularly important part in the colony at this time: William Ostrych, who is recorded as living and trading at Sanlucar as early 1523, when he described himself as a citizen of Bristol. His name had appeared for the time in the Bristol customs records for the years 1517-18. In 1523 wine growing had become so predominant that there was a shortage of wheat and for a time the planting of new vineyards was forbidden.” The Mallards must be ranked among the leading slave owners in the Iberian Peninsula considering that the average number of slaves owned by the landed nobility was fifteen.” “English trade with Morocco was a natural extension of the existing trade established by the Andalusia company in Spain and in the Levant. Individual voyages can be traced as far back as the 1520s or 1530s. All the evidence is that the English merchants were rugged individuals and rivals. Trading together in one small town, they must have known one another, but during the days of prosperity, there is no hint of any combination or organization. Only in adversity did they combine together and then not very effective. They did so once in order to petition the duke. To give coherence to their organization and standing in the eyes of the English government they petitioned King Henry VIII and in September 1530 he granted them a constitution. It was then that the Andalusia Company, commonly known as the Brotherhood of St George, came into being. In the thirteen years since the dukes charter, conditions between Spain–with its intense Catholicism–and England had deteriorated greatly. For a short period in 1528, the two countries had been at war. In 1529 the English merchants complained that they were the least favored nation and that their privileges were not being observed.” See The English “Andalusia Company” was the “Brotherhood of St George”
“Whereas Africans forced into slavery were brutalized, humiliated, dehumanized, and subjected to the indignity of being stripped of their names and heritage. See H. RES. 194 In the House of Representatives, U. S., July 29, 2008 R…See Status Correction Course Book Volume Two
The so-called White (European) slaves in the USA or British America were not stripped of their Names and Heritage and their descendants today for the most part still carry their names and know if they are of Irish, Scottish, German, Polish, Welsh descent, etc. Capitis Diminutio as to African Americans was codified into the U.S. Apologies for Slavery under the phrase: “Stripped of Name and Heritage”. See White racial status in America did not exist until 1681.
The Negro [Black] Law of South Carolina as shown for example demonstrates that the South Carolina Lawmakers wrote into the law that enslaved Moors, Egyptians, Asiatics, and Lascars who were to be known in law as Negroes [Blacks]. See Introduction to Moorish Nationality and Status and Introduction to Moorish Status and Nationality. This law is an example of how Moors were stripped of the Race and Nationality [Heritage] because they were in Slavery, which fits the meaning of Capitis Dimunutio like no other scenario. See Status Correction Volume I and II
The legislatures used the terms “Slave African” to define who would be “Negro [Black]” thus these terms do not originate as a Racial Group nor a Protected Class contrary to popular and social belief and U.S. lawmakers and lawyers know this. See The “Twenty Negro Law“, also known as the “Twenty-Slave Law” and the “Twenty Nigger Law”, was a piece of legislation enacted by the Confederate Congress during the American Civil War. South Carolina legislature was aware that they had Moors in Slavery which is why they specified that the people who would be called Negroes were (“The Ancient Berbers and their descendants).
It is because of the attack on the “Negro law of South Carolina” by the Free Sundry Moors in 1790 who purchased their freedom and knowing that the Sultan of Morocco was in “amity” [alliance] with the United States via treaties. The Moors petitioned the South Carolina legislature as “Free Moors” that the exclusion clause was written in the law specifying that the term “Negro [Black] did not apply to “Free Moors“, “Free Egyptians“, “Free Asiatics” and “Free Lascars“. See Introduction to Moorish Treaties.
Kimani Paul-Emile, an associate professor of law at Fordham University and associate director of its law school’s Center on Race, Law & Justice, argues that while Africans Americans might initially spurn the “blackness as disability” label, it can actually be a wise courtroom plan. Professor Emile argues that African Americans should embrace the notion that being black in America is a disability as a new legal strategy toward enacting protections for the black community against unconscious bias, stereotyping and structural inequality. See Blackness as Disability?
The Court Orders obtained from our Status Correction (Status Reparation) process is a form of “Reparation” to cure the wounds inflicted by the Capitis Diminutio and Civiliter Mortuus inflicted upon the descendants of Ancient Arabs and Berbers [Moors].
The Supreme Court’s opinion in United States v. The Amistad, 40 U.S. 15 Pet. 518 518 (1841) provides: “Any negroes landed in the island since 1820, and carried into slavery, have been illegally introduced; and the transfer of them under false names, such as calling Bozal, ladinos, is, necessarily, a fraud. Unfortunately, there is no interference on the part of the local authorities; they connive at it, and collude with the slave traders; the governor alone, at the Havana, receiving a 40 U.S. 537 bounty or impost on each negro thus illegally introduced, of $10 a head.”
“Reparation may be provided under orders from a court or through legislative or administrative programs. Reparations may be called for in peace agreements, in the recommendations of truth commissions, through advocacy of civil society and victims groups, or as part of government initiatives to provide justice. Depending on the context, reparation may be provided individually or collectively to classes of victims. While they may look similar to development programs, reparation measures differ from development efforts in that they are provided in specific recognition of victimization and harm suffered. Reparation programs are often most effective when they are based on a consultative process and an understanding of what forms of reparation are most important to victims.” See U.S. Department of State page on Reparations.
“Whereas Moors (Arabs & Berbers) in the medieval times were Muslims for the most part and others practiced Judaism and Pagan or Polytheistic belief systems and the al Habash (Ethiopian) version of Christianity or similar thereto but not “European Christianity” as developed by the English, Dutch or French outside of Ethiopia who by the way joined the Holy Roman Empire , and therefore under the Christian Doctrine of Discovery the “Muslim Moors”, “Pagan Moors” were infidels &/or heathens required by the Bulls and Edicts to be baptized, stripped of their Moorish given names and given new European Christian names in most cases.”
This Sovereign Citizen concept that “Capital Letters” on the name affects “Status” was introduced by White Christian Sovereign citizens. Lazy readers have adopted the belief and have been making youtube videos, etc running with this misconstrued notion about the Capital letters implying Loss of Status in context of the meaning of Capitis deminutio or capitis diminutio
– ROSA BARNWELL born in South Carolina and endured slavery for twenty years, states that her mother was of Indian descent and a free woman, but that she, Rosa, was kidnapped by a man named Lee Edwards and doomed to a life of servitude. Rosa was one of 12 Indian children taken prisoners in the time of the last war (Tuscarora) and sold into slavery…her desire to purchase the freedom of the other Indians was too costly. (A Most Secret Identity: Native American Assimilation and Resistance in African America, Wellburn, Ron 2002) note here: In the Tuscarora War of 1712, James Moore Jr. and COLONEL John BARNWELL carried off a thousand Tuscaroras into slavery.
1719 South Carolina Assembly in determining who should be “Indian” for tax purposes (Indian slaves were adjudged at a lower tax rate than negro slaves..so the idea is to get as much tax as possible…remember, censuses were also intended to assess the taxable citizens in any given area, so race was determined by what the census enumerator felt that the person should be taxed as.) The Act passed that year stated: “And for preventing all doubts and scruples that may arise what ought to be rated on mustees, mulattoes, etc. all such slaves not entirely Indian should be accounted as negro.” Inference: persons of Indian blood less than full-blood would be legally documented as “negro”.
In the 1860s all persons of African ancestry who had been slaves were granted, by treaty, citizenship in the “five civilized tribes” of Indian Territory. The general trend, however, was to enroll the more visibly part-African persons as “Freedmen” citizens and to restrict their tribal status. When lands were allotted in the 1880s to the early 1900s most such persons were not allowed to assert American ancestry and were, therefore, denied future rights as “Indians.” The 1980 census was so arranged that any American-African mixed-blood who checked both “black” and “Indian” boxes was counted solely as “black. ” See The Use of the Terms “Negro” and “Black” to Include Persons of Native American Ancestry in “Anglo” North America Jack D. Forbes.