This blog is to inform Moors and non Moors who ignorantly subscribe to 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 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…
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.
“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 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.”
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.
“Whereas Africans [Moors] 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 U.S.A. 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 was codified into the U.S. Apologies for Slavery under the phrase: “Stripped of Name and Heritage”. 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 Law makers 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)
See Status Correction Booka Volume I and II. It is because of the attack on the Negro law by the Free Sundry Moors in 1790 who purchased their freedom and knowing that the Sultan of Morocco had a treaty with the U.S.A. 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 Reparations to cure the wounds inflicted by the Capitis Diminutio and Civiliter Mortuus inflicted upon the descendants of Ancient Arabs and Berbers [Moors]. 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 Reparations.
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. The practice (Capitis Dimunito) was used by the character portraying father of Chaka Zulu, demonstrating that the practice is not exclusive to European or Christian law. The Zulu King stated the practice procures: “A fate worse than death…a Boy without a Clan”
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.