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Naturopathic Rights were Included in the Founding of America
by Tony Isaacs
The FDA, AMA and other powers in mainstream medicine would have us believe that it is their legal and moral duty to protect us from nature and naturopathy and determine which drugs and treatments we are allowed to have. Just the opposite is true: it is both immoral and against the founding principles and laws of our nation - and the principles and laws that predate the founding of our nation and governed our country at the time of it's founding.
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. With the exception of Louisiana, which was a French colony and adopted Napoleanic Law as it's common law, every state in the United States has followed suit. What is important to note is that unless the laws in English Common law have been specifically modified or overturned, they still are considered to be law - and indeed it is not uncommon at all to see higher courts consult English Common Laws and it's principles to decide cases.
And thus it was that a charter which addressed the evils of restrictions on herbs, herbalist and those who were allowed to practice medicine and healing was made in 1543 during the reign of Henry the VIII and was used by the original 13 States of America to determine the rights of Naturopathy and our freedom of access to natural alternative medicine and treatments.
It is amazing to note that many of the issues confronting alternative practitioners today are the same issues which the Act of Parliament addressed back in the sixteenth century. Then, as now, so-called "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, the 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 This Act has never been repealed, and thus remains part of our Common Law to this day, offering protection to alternative practitioners, "at all Time from henceforth..."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.
Here is the text of the charter:
Herbalist's Charter of Henry the VIII
1543 A.D.
"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."
When one looks back at history, clearly our forefathers intended for us to have medical freedom. Early Americans ran away from intolerance hoping to find religious and political freedom. When this country was founded, it was assumed that the people had the right to choose whatever form of health care they preferred, the same as it was assumed that the people had all kinds of freedom over their lives and property. Besides the desire to keep our Constitution as brief as possible, medical freedom was not specifically spelled out in our because our our freedoms were assumed and because our laws were underpinned by British Common Law such as the above Herbalist Charter.
However, at least one notable founding father foresaw the need to specifically include provisions for medical freedom in the Constitution. Dr Benjamin Rush, considered one of the three most important founding fathers, stated: "The Constitution of this Republic should make special provision for medical freedom. To restrict the art of healing to one class will constitute the Bastille of medical science. All such laws are un-American and despotic.
"Unless we put medical freedom into the constitution the time will come when medicine will organize into an undercover dictatorship and force people who wish doctors and treatment of their own choice to submit to only what the dictating outfit offers."
How
could our forefathers have known that Dr Rush’s words
ringing through the convention halls would prophesize
the exact state of affairs over two hundred years later?
"The
FDA 'protects' the big drug companies and are subsequently rewarded, and using
the government's police powers they attack those who threaten the big drug
companies. People think that the FDA is protecting them.
It
isn't.
What
the FDA is doing and what the public thinks it is doing are as different as
night and day."
Dr. Herbert Ley
Former U.S. FDA
Commissioner
Your hosts Tony Isaacs and Luella May
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Disclaimer: The information on this page and on this website has not been evaluated by the FDA. We do not diagnose, treat, cure or prevent illness or disease - instead, we try to help people learn how to do so themselves. Anyone who believes they have a serious medical condition or health issue should seek diagnoses from a qualified medical professional before making any decisions on how to best address their health. We do not sell or advocate drugs, nor do we make any claims that anything advocated or sold on this website is a drug. Furthermore, anyone contemplating using any products or information on this website must accept such use as experimental and voluntary. No claims are made regarding the therapeutic use of the products or information on this website and all products featured or sold on this website must be considered nutritional supplements only.