Brother, please don’t think that I’m trying to kick you in the shins or getting on a soap box, but in the interest of discussion and edification for all who may read this thread I would like to respond to some of your questions and comments. I ask that you consider the following.
Shouldn't we be careful not to become experts in the law, but continually search for ways to overcome? “Woe to you experts in the law, because you have taken away the key to knowledge. You yourselves have not entered, and you have hindered those who were entering." Luke 11:52
I must disagree with the first part above, with the qualification that the administrative justice found in today's courts is not law. But I do agree that we, as Christians, must overcome the temptations in this world to transgress the Law of Yahweh. Does not Scripture, as a whole, instruct us to become experts in the Law? Are we not directed to write it on our doorposts, to have it as frontlets for our eyes, meditate on it, etc.? It is now even written on our hearts.
Further, I believe the more common translations of the above verse read, “Woe to you lawyers
…”. According to Strong, the word nomikos
, from which “lawyers” is translated, meant a teacher of the Mosaic Law. As we know, the Mosaic Law refers to the Levitical Law as given through Moses. This definition is consistent with the context of the message. The Levitical Law has been done away with by the New Covenant.
I appreciate the distinctions, caution and warnings re equity, which are all valid concerns. But do we run away and avoid these problems or is there a cure for every potential problem raised? Aren't Christians to be overcomers, even in courts of equity? If we look to the maxims of equity and the nature of trusts could there be a solution for every single problem one could fear? If a man truly knew who he was and put his 'house' (estate) in order BEFORE he has to deal with courts, would a court of equity ever have cause to attach anything to that man?
I agree that putting one’s house in order is paramount. Unfortunately, Administrative courts, or courts of equity, will continue to presume that you have contractual ties to the State in any dispute brought against you. In order to maintain your Liberty, you must rebut those presumptions. Running away from the problem is not the issue here. There is a big difference between exercising good judgment by avoiding conflict in a foreign law venue and taking up a futile cause to meet it head on within its jurisdiction.
IMHO, Christians are not to be “overcomers” in the courts of equity. We should avoid the courts of equity. Avoiding does not mean that we won’t be dragged in there, or forced to appear by coercion, but it does mean that we're to avoid being a part of any controversy within the bar of those courts. Partaking in a controversy within the bar of a court creates a benefit of discussion and causes joinder, which gives the court jurisdiction. They are not courts of Law, they are administrative courts for a military government. We don’t belong there, and it is our duty as Christians to maintain a Lawful standing and to address and maintain the conflict of law that keeps the court from gaining jurisdiction to hear and rule on a purported controversy with us while we are in the act of doing our Lord's will.
All disputes or grievances between Christians should be settled between them, with another brother or two, or by the Church (ecclesia). See Matt 18:15-18 and 1Cor. 6:1-5. If you have a grievance with someone who is not a Christian, deal with it according to Scripture and not in an Administrative court of ungodly law.
Please remember, a Christian should not enter an agreement with a non-Christian for the sake of gain, benefit, privilege, or opportunity. See Proverbs 22:26 and Proverbs:23:1-3 as a couple quick references. Any contract or agreement disputes between Brothers in Christ are private contracts, are not matters of equity, and should not be taken to the pagan courts to judge between the parties. See NT verses above.
So the question is: how does one rebut the presumptions of an equity court attempting to attach a matter to a man? By what contract (trust) does a man have to fear if he has correctly defined his relations to such 'person' and clearly defined the rights and duties of the parties to such trust by which he might be operating in the world thru?
This touches on the difficulty that contemporary Christians are facing in maintaining Christian Liberty. We have become conditioned and accustomed to applying for benefits and privileges from the U.S. government and its franchises. As we come out of the commercial system, the rebuttals to presumptions of our legal status are being challenged every time we step into a courtroom. This is because for the better part of a century, if not more, most people living in America have been willing to accept benefits from the State and to stand as surety for the legal fictions created to accept those benefits. It has become the norm, with very few exceptions, for people standing before a judge to be a U.S. citizen, complete with all of the licences, benefits and the legal persona
that go with it.
Scripture is a book of Law. It gives us the tools we need to rebut presumptions if we learn what to look for and learn how to apply it. We can learn what to look for and how to apply it from studying the old ways of our Christian forefathers. That is why old books on law, heraldry and misc. ways of life can be so valuable to us.
As more Christians seek to live faithfully according to the Law given to us in Scripture and refuse to accept benefits and privileges from the State, and teach the next generation to do the same, it will become an integral part of Christian culture once again. It will become more common for Christian people to maintain Lawful standing when brought before a court, and it will become much easier through common usage to rebut those presumptions of the courts.
Equity is King, because it is the province and prerogative of Kings.
Although some valuable information may be gleaned from Gibson's “Suits in Chancery”, the thought that “Equity is King” may be based on the mistaken belief that Equity Jurisprudence is driven by truth, fairness and justice. Unfortunately, it is not. Equity courts are driven by expediency and conscience. I'm sure you know that Man’s law systems and Christian Law are not the same and are in conflict. Equitable remedy between Brothers can be found in Scripture, not in modern courts of equity which are Administrative courts.
As notmartha put it: “Quite a difference between equity under The One just, righteous Judge, and equity under the black dress wearing judgy wudgy.”
"But now we are delivered from the law, that being dead wherein we were held; that we should serve in newness of spirit, and not in the oldness of the letter." Romans 7:6
How does one become free from the law in both law and equity?
Have you considered that the law spoken of in the above verse is the Levitical Law? That is the only new part of the Law that Yahweh gave to Moses. The rest of the Law has been unchanged since the beginning. The civil and moral Law of Adam, Enoch, Noah, Abraham, Isaac, Israel, Moses, David, and Jesus, has all been the same. It was just written down by Moses. We now have a new High Priest who is also a King after the order of Melchizedek, instead of Aaron. A perfect King and High Priest is now Mediator between Yahweh and man. We are now free from the burdens of Levitical Law and free from commercial law and equity through our faith and obedience to our King’s Law. He has already crushed it with a rod of iron, His Word. We just need to apply it.
Although I'm not a fan of the modern use of legal trusts, if you have a good book on the old use of common law trusts, please share the name and author.
May the Lord richly bless you,