Obama and a Presentment of Englishry?
Posted by DNW on 2014/05/28
This Incredible Slinking Men of the Obama Administration never cease to amaze.
Not just in their leftoid, parasitical on the productive class effrontery, but in their lack of logical acumen; their inability to recognize that in breaking legal bonds in one direction, they are broken in the other.
Or perhaps they don’t believe that there is a reciprocal dynamic between leftist conqueror and the American conquered.
As the Obamanaughts phrased it: “We rule now”. The operative term here being rule, not govern or administer. And if the legislature, that is the American Congress, will not give the Little Imperator what he wants, why he will do it by Executive Order, he threatens.
So why should we be surprised by this report which states that the Obama Administration is proposing what is basically an ethnic based regime of law in Hawaii?
Law is the embodiment of the moral sense of the people, Blackstone is alleged to have said.
Now it is proposed we accept the notion within our polity of different laws for different moral moieties; which implies, though the advocates no doubt wish to ignore it, that we have fundamentally different peoples with irreconcilably different moral sensibilities, jostling in the same political space.
This doesn’t seem to line up with leftist moral rhetoric.
But, as we have seen in the past, leftists seem incapable of grasping simple deductive inferences, so caught up are they in their “world-creating” fantasy existence.
Yeah, I remember law just like that from my school days.
“Such of the crimes as might be prosecuted by an appeal, and for which the criminal’s lands were forfeited to his lord or to the King, and his chattels taken, or for which he lost life or member, or was outlawed, were called felonies. Misdemeanours, such as were subsequently known under a fully developed common law, were practically ignored by the justices of Henry the Third’s reign, and on the eyre rolls of that period may be said not to appear. Homicide and rape are the crimes that here pass before us. The former is the only one that need be considered. In some few cases homicide was held to be justifiable, and when such happened the slayer suffered no punishment.
Neither did he where death was caused by misadventure or in self defence.
Every other case of homicide, that is, that which was neither justifiable nor excusable, was felonious.
The difference between murder and manslaughter was then unknown.
In Glanvill’s day secret homicide, which is murdrum, had to be distinguished from homicidium, but the distinction soon died away.1 The term murdrum however survived as the name of the fine paid by the hundred when a person was slain and the slayer not produced.
The law presumed that everyone killed was a foreigner unless his English birth was proved. Possibly the origin of the doctrine is to be found in the statutes of William the Conqueror, which decreed that all men whom he brought with him or who had followed him should be in his peace.
And if one of them were slain the lord of his murderer was to seize the slayer.
But if he could not do so then the lord was to pay forty-six marks of silver as long as his possessions held out, and on their exhaustion the hundred in which the killing took place was to pay in common the balance owing.
The presentment of Englishry (Englescheria), that is proving the slain to be an Englishman by birth, was at first one of the few formal badges of distinction between the conquering and conquered race. Its practical need could not have lasted long, for at the end of the twelfth century it was impossible, except in the very highest or very lowest ranks, to distinguish Norman from Englishman.” [Pleas of the Crown for the Hundred of Swineshead and the Township of Bristol by Edward James Watson]
Looks like the Obama Administration does in fact believe itself quite capable of distinguishing Saxon from non-Saxon. At least when they see a political gain in it for themselves.
So much for any notion that the left believes or ever really believed in the first place, that mankind constituted one moral species … no matter how rhetorically useful they happen to have found the spouting of Christian and natural law doctrines in order to advance their cause – at least far enough along to subvert and displace the same.
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