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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: Cato

Reading The Law: The Ancient Alternative to Law School

07 Monday Dec 2015

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on Reading The Law: The Ancient Alternative to Law School

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"reading the law", ABA, Abraham Lincoln, Alan Watson, America, attorneys, Blackstone, cartel, Cato, Cicero, English common law, government, Greeks, history, law, law school, legal education, legal profession, Lysander Spooner, Rome, Scotland, Solon, Thomas Jefferson, Thomas More

A few days ago I wrote a column about the trials and tribulations of a beautiful, talented young woman enrolled and embattled at the Moritz College of Law at THE Ohio State University. I’ve also written about my legal education.

Law schools have become a collection of expensive but houses where, if one can tolerate the boredom and foolishness, one is allowed the honor of applying for a state license to practice law. The courses studied in these schools bear little resemblance to the actual law. Graduation does not guarantee admittance to the Bar. Bar test preparation is left to the student once he graduates.

Many determined and intelligent students will succeed on their own merits. A few law schools do a fair job readying students for the profession; most are dismal in their attempts. Alan Watson, of whom I have sung praise before, is the preeminent expert on legal philosophy. He wrote a book, The Shame of American Legal Education, which should be required reading for any American giving serious thought to attending law school.

Watson decries the lack of intellectual rigor and dependence of the case method (religious study of court interpretation of the law) which plague American law colleges. He praises the system of his native Scotland where students attend school for a shorter period of time and actually learn both the letter of and the ideas behind the law. Following graduation the Scots apprentice under established barristers to round out their education and transition into the field.

It’s a far better approach than we Americans use. It is similar to our old system which we adopted from the British. They had adopted it from the Romans and the Greeks.

For ages attorneys were educated men who studied the law under the tutelage of a practicing attorney. A few had a short period of standardized class time at a college. This formal lecturing range from a few weeks to a year. Upon completion of the apprenticeship the budding lawyers were either certified by a local court or eligible to sit for Bar examination (if any) or they just started working on their own.

The institution was known as “reading the law.” Most of the greatest attorneys of history were produced this way. Their ranks include: Solon, Cato, Cicero, St. Thomas More, William Blackstone, Thomas Jefferson, John Adams, John Jay, Lysander Spooner, Abraham Lincoln, James Byrnes, and Robert Jackson. All of these men were accomplished attorneys. Some were titans of the field.

Marco_Porcio_Caton_Major

Cato the Elder.

In America this was the standard of legal instruction from colonial times until the early 20th Century. The College of William and Mary was the first American school with formal law lectures. These were designed to enhance the student’s apprenticeship. Jefferson attended lectures at William and Mary.

Young men were encouraged to read the law, to understand theory and application:

If you are absolutely determined to make a lawyer of yourself the thing is more than half done already. It is a small matter whether you read with any one or not. I did not read with any one. Get the books and read and study them in their every feature, and that is the main thing. It is no consequence to be in a large town while you are reading. I read at New Salem, which never had three hundred people in it. The books and your capacity for understanding them are just the same in all places.

Always bear in mind that your own resolution to succeed is more important than any other one thing.

Abraham Lincoln, 1855

Things began to change in the late 1800s. It was then the newly formed American Bar Association began to lobby states to restrict licensing to those who had attended law schools. Later the ABA commenced its practice of certifying the schools. This cartel approach of command and control protected the monopoly of the existing bar members. The results, from a quality viewpoint, were mixed. Blackstones and Jeffersons are hard to come by these days.

The radical expansion of law school power coincided with the massive growth of government. Both resulted in the growth and increased complexity of the laws. As Cicero noted, more laws means less justice. Of course, justice had nothing to do with these trends. They were premised entirely on control and money.

Nonetheless a few states still adhere to the reading tradition although it is frowned upon. Those who stand to lose prestige and tuition frown a lot.

California, Maine, New York, Vermont, Virginia, and Washington still allow reading in place of law schooling. Each has its own standards and in some a period of law school attendance is required. Out of over 80,000 new lawyers minted in 2013, less than 100 read the law.

The surviving process of reading has been lauded of late by Business Insider and the New York Times. Both note the difficulties faced by a reader.

“The A.B.A. takes the position that the most appropriate process for becoming a lawyer should include obtaining a J.D. degree from a law school approved by the A.B.A. and passing a bar examination,” said Barry A. Currier, managing director of accreditation and legal education for the group.

Robert E. Glenn, president of the Virginia Board of Bar Examiners, was less circumspect. “It’s a cruel hoax,” he said of apprenticeships. “It’s such a waste of time for someone to spend three years in this program but not have anything at the end.”

NY Times.

Of course, anything but the cartel’s way is a hoax. The frowners frown. Never mind the vast number of students who drop out of law school or graduate but cannot pass the bar. At least they paid tuition.

A few organizations exist to perpetuate the old tradition. Sterling Education Services is one. “What if, instead of a traditional law school degree and six-figure debt, you could take the bar exam and achieve your goal through hands-on legal experience?” – Sterling. These groups offer study aids and seminars. They’re looking to cash in on the alternative. Then again, these are the exact same bar prep services law school graduates turn to immediately after law school.

Though frowned upon this ancient alternative is viable. If a lawyer reads the law in a reading state and passes that state’s bar, he can then apply in other states. It would certainly warrant examination by those considering the legal profession. Those who follow this path follow in the footsteps of giants.

Natural Origins of Self-Defense

21 Thursday Mar 2013

Posted by perrinlovett in Legal/Political Columns

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10 Commandments, 11th Commandment, aggressor, American, Aristotle, banksters, Bible, Catechism, Catholic Church, Cato, Christ, Christians, Chuck Baldwin, Cicero, civil government, Codex Justinianus, Confucius, Constitution, criminal, David Kopel, Declaration of Human Rights, Declaration of Independence, duty, Eastern, Exodus, God, government, Hitler, Hobbes, Jesus, John, John Locke, justice, King George III, law, leviathan, Liberty, man, Matthew, Michael Grant, money-lenders, murder, Natural Law, Nicomachean Ethics, NRA, On Duties, oppression, Paul, Peter, Plato, political science, political theory, Pope John Paul II, Proverbs, religion, rights, Roman Empire, Roman Law, Roman Republic, Romans, Saint Thomas Aquinas, Second Amendment, self-defense, society, Summa Theologica, sword, The People, The Republic, Timothy, tyranny, U.N., victim, vigilante, weapons, Western

This is the first in a new series, an expansion of my both my Natural Law column and Second Amendment and related columns.  Here, I briefly examine the ancient and eternal theories behind the basic rights which gave rise to the doctrine enshrined in the Second Amendment.

Legal practitioners and law and political science scholars, along with the general public, many politicians, and the media, often make the common mistake of looking only to the text of the Constitution (State or federal) or recent court cases in order to gain perspective into the meaning and/or application of the Second Amendment (and related State protections).  While government protection of our rights is vital (the only reason for government), rights do not come from government.

My examination here is theoretic in nature and, thus, seeks out existential sources which provide both definition and supporting argumentative and empirical evidence which are fixed throughout history and across all geographic areas.  Of course, as my ultimate view is towards the American experience, I will pay closer attention to sources from Western civilization.

The Bible is replete with approval of self-defense.  “If anyone does not provide for his relatives, and especially for members of his household, he has denied the faith and is worse than an unbeliever.”  1 Timothy 5:8.  This would seem to encompass the responsibility to keep one’s family safe to the extent possible.  “If a thief is found breaking in and is struck so that he dies, there shall be no bloodguilt for him, but if the sun has risen on him, there shall be bloodguilt for him. He shall surely pay. If he has nothing, then he shall be sold for his theft.”  Exodus 22:2-3.  This provision is the basis for the common-law doctrine against burglary, originally extended to night-time attacks.  The matter of daylight adds an interesting perspective.  Again, this passage addresses a thief, not a would-be murderer of rapist.  It is divine commentary on the value of human life over mere possessions when an opportunity exists to examine the intent of a criminal.  While it is not a prohibition against using force to deter a thief, the provision indicates the Lord’s wish that force not exceed the attendant circumstantial need.

Paul continues this theme of limited aggression in Romans 12:19: “Beloved, never avenge yourselves, but leave it to the wrath of God, for it is written, ‘Vengeance is mine, I will repay, says the Lord.'”  Again, God does not seem opposed to immediate use of force to deter violence but, once danger has passed, he commands that we leave judgment to him.  This is backed by the Old Testament: “Do not say, ‘I will repay evil’; wait for the Lord, and he will deliver you.”  Proverbs 20:22.  Again, for Christians, after the fact of a crime, the matter is God’s to handle.  This is the basis for a general prohibition against vigilante justice.

In Romans 13, often mis-cited as a justification for any and all government action being divine, Paul extolls the virtues of political agencies instituted in God’s Name.  When such an entity exists, then it has God’s authority to pursue prosecution of criminal matters.  I refuse to accept that this concept applies to all governments – I doubt God approved of Hitler’s action, for instance.  Rev. Chuck Baldwin, http://chuckbaldwinlive.com/home/, has extensively commented on this subject – http://www.romans13truth.com/.

Jesus Christ, himself, tacitly endorsed armed defense: “And let the one who has no sword sell his cloak and buy one.”  Luke 22:36.  I say “tacitly” because of the caveats Jesus placed on the use of force, essentially limiting it to only urgent circumstances.  Christ urged us to “turn the other cheek” when possible.  Matthew 5:39.  He also admonished Peter to sheath his sword while repairing the injure Peter had inflicted with his sword.  John 18:11.  Jesus, while defending the 10 Commandments, issued an 11th: “love one another.”  John 13:34.  The Son’s words places strict constraints on the Father’s allowance of the use of force.  It does not foreclose the concept.

JESUS-620_1587358a

(The ultimate Defender.  Google.)

Jesus only once resorted to the use of force, personally.  When He discovered the money-changers (the banksters of their time) abusing the Holiness of the Temple, Jesus violently drove them away.  John 2:15.  This underscores the possibility of defense as an immediate solution, without resort to formal authority or the eventual actions of the Lord.  The Church has formally detailed both the right to such defense as well as the moral duty of such action in need.  “Legitimate defense can be not only a right but a grave duty for one who is responsible for the lives of others. The defense of the common good requires that an unjust aggressor be rendered unable to cause harm.”  Catechism of the Catholic Church (“CCC”): 2265 (emphasis added)(see also CCC: 1909).

The Church also commands dignity be afforded to the human body, generally: “This dignity entails the demand that he should treat with respect his own body, but also the body of every other person, especially the suffering”  CCC: 1004.  While this backs the general prohibition against unlawfully harming others, it also reminds the Believer to respect even his enemy and attempt to limit his forcible response to criminal activity as far as possible to minimize harm.

“… [I]n the case of legitimate defence, in which the right to protect one’s own life and the duty not to harm someone else’s life are difficult to reconcile in practice. Certainly, the intrinsic value of life and the duty to love oneself no less than others are the basis of a true right to self-defence. The demanding commandment of love of neighbour, set forth in the Old Testament and confirmed by Jesus, itself presupposes love of oneself as the basis of comparison: ‘You shall love your neighbour as yourself’ (Mk 12:31). Consequently, no one can renounce the right to self-defence out of lack of love for life or for self.”  Pope John Paul II, Encyclical Letter Evangeliun Vitae (The Gospel of Life), 1995.

The eminent scholar, David Kopel, has documented the general agreement among Eastern Religions along these ideas.  In his review of Confucianism, Taoism, Hinduism, Sikhism, Jainism, and Buddhism, Kopel explodes common myths that these religions do not allow for proper use of self-defense.  David B. Kopel. “Self-Defense in Asian Religions” Liberty Law Review 2 (2007): 79, 80-81 (http://works.bepress.com/david_kopel/20).

Kopel’s expose is excellent.  He also touches on the Eastern version of Baldwin’s critique of Romans 13: “Although Confucianism, like most other religions, has been used by tyrants to claim that revolution is immoral, Confucius himself ordered a revolution against an oppressive regime.”  Id, at 163.  Only the “religion” of the State would decree that the government is above the Natural Law.

Commenting on Exudus 2, above, Saint Thomas Aquinas said, “it is much more lawful to defend one’s life than one’s house. Therefore neither is a man guilty of murder if he kills another in defense of his own life.”  Aquinas, Summa Theologica.

“If a man, in self-defense, uses more than necessary violence, it will be unlawful: whereas if he repel force with moderation his defense will be lawful, because according to the jurists, ‘it is lawful to repel force by force, provided one does not exceed the limits of a blameless defense.’ Nor is it necessary for salvation that a man omit the act of moderate self-defense in order to avoid killing the other man, since one is bound to take more care of one’s life than of another’s.”  Id.

Plato noted that when one acts in true self-defense, taken as a natural right, one may actually do the criminal perpetrator (in addition to the victim and society) a service: if the criminal survives, he may reflect on his wrongdoing positively.  Plato, The Republic, The Problem of Justice.  Plato’s great student, Aristotle, agreed.  Aristotle noted that a true case of self-defense is not necessarily a voluntary action.  Thus, any suffering from the act of defense may be attributed to the aggressor and not the defender.  Aristotle, Nicomachean Ethics.

The possession of weapons and their defensive usage, though regulated, was allowed in both the Roman Republic and the Empire. “We grant to all persons the unrestricted power to defend themselves, so that it is proper to subject anyone, whether a private person or a solider … to immediate punishment in accordance with the authority granted to all [up to, and including, death, if warranted].”  Codex Justinianus 3.27.1.  The Romans regarded the right to use weaponry in defense as implicit to the right itself.

The mighty Cicero opined: “There exists a law, not written down anywhere, but inborn in our hearts; a law which comes to us not by training or custom or reading but by derivation and absorption and adoption from nature itself; a law which has come to us not from theory but from practice, not by instruction but by natural intuition. I refer to the law which lays it down that, if our lives are endangered by plots or violence or armed robbers or enemies, any and every method of protecting ourselves is morally right.” Cicero, “In Defence of Titus Annus Milo,” Selected Speeches of Cicero, Michael Grant translation, 1969.  Again, the esteemed David Kopel gives excellent analysis to this ancient Natural Law position in The Sword and the Tome, America’s 1st Freedom, NRA, 2009.

Cicero’s titanic predecessor, the black-robed Cato, made an interesting analogy along the lines of Jesus’s act of retribution noted above (as noted by Cicero himself): Cato was asked by an ambitious Roman, “What is the most profitable about property?”  Cato answered, “To raise cattle with great success.”   The young man then asked, “What is the second most profitable?”  Cato answered, “Raising cattle with moderate success.”  The inquirer pressed again, “The third most profitable?”  “Raising cattle with little success.”  Finally, the young man cut to his presupposed profession, “How about money-lending?”  Cato answered (somewhat in advance of Jesus), “How about murder?”  Cicero, On Duties.

I by no means equate money-lending or banking with murder but it appears the subject was considered by multiple ancient sources.  It seems the evil of the banksters in as eternal as natural law.  Defense against the predation of this wicked class may be something to consider.

Later political theorists expounded the virtue and necessity of self-defense.  John Locke described self-defense as the first among Natural Rights.  Locke, Second Essay on Civil Government.  Hobbes concurred in this assertion, regardless of the state of any society.  Hobbes, Leviathan, 1651.  Even the craven and generally useless United Nations begrudgingly attempted to acknowledge this fundamental truth: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.  Everyone has the right to the protection of the law against such interference or attacks.”  Universal Declaration of Human Rights, U.N. General Assembly, Article 12, December 10, 1948.

In the earliest American tradition, we find acknowledgment of the Natural Law (before the adoption of the Second Amendment).  The Declaration of Independence (1776) begins: “When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.” (Emphasis added).  The Declaration then enumerates the crimes of King George, among them many of which might be defended against under the doctrine explained herein.

sword

(In case of emergency only.  Google.)

Again, self-defense is a God-given, eternal right.  It is also a duty, one to be exercised only in dire need and with a grave sense of responsibility.  As with all matters of Natural Law, man-made legislation must attempt as closely as humanly possible to approximate the divine purposes of the Law.  In the next installment of this series, I intend to examine more ancient legislation regarding weapons and self-defense, specifically Roman Law.

The Decline and Fall of Something…

28 Thursday Feb 2013

Posted by perrinlovett in Uncategorized

≈ 1 Comment

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16th Amendment, 17th Amendment, America, Amerika, Augustus Caesar, Brutus, Caesar, Casca, Cassius, Cato, Cicero, Cincinnatus, civil liberties, Congress, Constitution, Consul, debt, decline, dictator, drones, due process, economics, emergency, Emperor, Federal Reserve, government, history, humility, lawlessness, Marius, Mark Anthony, murder, National Guard, Plutarch, politics, Posse Comitatus, President, republics, Roman Empire, Roman Republic, Ron Paul, Senate, serfdom, slavery, States, Sulla, Tacitus, Triumvirates, War, Washington

In my popular Posse Comitatus column, https://perrinlovett.wordpress.com/2013/02/20/posse-comitatus/, I made a possibly confusing and unfair allusion to Caesar bringing about the demise of the Roman Republic and ushering in the Empire.  It seems that “crossing the Rubicon” is too simply of an explanation for what really happened.  The actual process from republic to empire lasted for decades and involved many actors in addition to Caesar.

The Roman Republic existed from roughly 500 B.C. until 27 B.C.  Most republics do not make it that long.  Ours, if it can still be credibly called a republic, is coming apart at the seams after only 237 years.  The Roman Republic replaced the line of monarchs who had ruled Rome for over two and a half centuries.  It was succeeded by the Empire, which lasted from 27 B.C. until the German Odoacer set himself up as the first King of Italy in 476 A.D. 

During the Republic the government was operated by a Senate (congress) and one or two Consuls (presidents).  Most public officials were limited to one-year terms.  Many of these public offices, including the Consuls, survived into the Empire, though with greatly reduced authority.  There had been a tremendous amount of political strife for over 100 years before Augustus Caesar (Caesar Divi F. Augustus) became the First Emperor.

Caesar (Julius Caesar of the first Triumvirate) returned from war and was expected or feared to take dictatorial control of the Republic.  He became a dictator of sorts, but he never got the chance to fully dominate the Senate, being assassinated on March 15, 44 B.C.  His murder at the hands of Casca, Brutus, and Cassius is one of the better known events of ancient history.  However, the conspiracy included dozens of Senators.  Allegedly (according to Tacitus?), once Caesar was killed, the chief leaders of the conspiracy called out repeatedly to Cicero by name, as if to showcase their good works.  It is also alleged Cicero waved off the acts and attention in disgust.

cicero

(Cicero, champion of Constitutional republicanism.  Google Images).

Many have theorized Cicero was a co-conspirator.  I don’t think so.  Marcus Tullius Cicero was a lawyer, statesman, Senator, and former Consul (63 B.C.) and is widely considered one of antiquities foremost figures.  His influence on Latin language is still felt with prominence today.  I quote he frequently as he was one of the most critical opponents of the Constitutional demise and all dictatorial actions.  He would be one of my two picks as the Ron Paul of his day, the other being the black-robed Cato.  Despite his constant opposition to totalitarianism, I do not think he would have sanctioned murder as a means to eliminate the practice.  I think his morals, nobility, and steadfast dedication to the law would have prevented his involvement.

Heedless of his own peril Cicero kept up his criticism of Mark Anthony and Company (the Second Triumvirate) and was, in 43 B.C., labeled an enemy of the state and hunted down mercilessly.  He was captured on December 7, 43 B.C. and immediately murdered by Anthony’s troops.  His last words (according to Plutarch?) were allegedly: “There is nothing proper about what you are doing, soldier, but do try to kill me properly.”  He was decapitated and his head and hands displayed publicly in Rome.

This brutal display of lawlessness and savagery was formerly utilized by would-be or quasi dictators.  Gauis Marius and Lucius Sulla had used similar tactics against their enemies.  Such horrific treatment was the most high-tech form of intimidation at the time, drones were still more than 2000 years away.

Marius served seven terms (at intervals from 107 – 86 B.C.) as Consul despite laws enacting terms limits.  His power was derived from constant warfare and the need for “emergency” powers from the Senate.  War and “emergency” powers go hand in hand with dictatorship.  If you haven’t watched the news in the past 12 years, perhaps you did, at least, see the three Star Wars prequel movies. 

Sulla served two terms as Consul (82 – 81 B.C.) and, like Marius, gained much power as a petty dictator through war powers.  Sulla’s wars were not confined to foreign enemies, marching on Rome itself in 82 B.C.  The Senate foolishly conferred upon him dictatorial powers for life.  These he immediately began to use, murdering 1,000s of enemies, with no semblance of Due Process.  Previously, the Republic had prided itself on justice and faithful execution of the laws, rather than of citizens and nobles.

So, you see, Caesar has a product of his times as much as a dictator.  His short reign came in the middle of a century marked by Constitutional decline.  Caesar is the best remembered name from the period though his actual power differed little from that of his predecessors and successors.  He could have done eternally great service to the Republic and perhaps changed centuries of history if he had followed in the footsteps of one of his ancient precursors. 

History also remembers Lucius Quinctius Cincinnatus, mostly out of awe for his humility in power.  Cincinnatus was Consul and was granted dictatorial powers during a time of war twice, in 458 B.C. and again in 439 B.C.  Unlike 99% of historical figures granted such rare authority, Cincinnatus immediately abandoned his high position once crises abated.  Perhaps Caesar had such intention but was not allowed time to exercise it.  Perhaps not.

I hope you have seen, within this column, parallels to modern America.  To me they seem both unmistakable and also unmistakably dire in their warnings to us.

We currently have a President who, unchallenged essentially, claims the right to murder American citizens without Due Process.  At the same time, we have a craven opposition party which, rather than impeach and remove the usurper, propose to give him Constitutional powers beyond his office.  All of this, consequently, stems from “emergencies” whether martial or economic.  This has become an established pattern since 2001 though it has roots much older.

This year we mark the 100th anniversary of some of the most destructive Acts in our history.  In 1913 the 16th and 17th Amendments killed the States’ fading power against the central government and the Federal Reserve began it’s mission to enslave the nation (publicly and privately) in debt while enabling Washington to potentially spend without limit.  Around the same time the National Guard was formalized and strengthened, giving Washington military control over the entire nation. 

The ensuing 100 years saw an exponential growth in government, the decline of civil liberties, constant foolish wars, and the nationalization of serfdom.

Having recently lost our Cicero and Cato figures to retirement, we can only pray for a latter-day Cincinnatus.

Perrin Lovett

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