Flag/Banner/Standard as Conflict of Law
Posted: Sun Dec 21, 2014 3:35 pm
I have wanted to do a study on flag law for a while. Searching through the Christ county vault, I came across this info and it motivated me to finally dig in.
Flags have been used since ancient times as symbols to depose one’s law and define one’s nation. I wanted to find out if, historically, there was a flag flown by the soldiers of God to depose His Word as Law and set jurisdiction in His Kingdom. Here is some of the info I’ve found, if anyone else has wondered the same thing. If anyone has done a study on this, please share your findings, especially those related to flags of His Kingdom.
Degel
The Hebrew word degel, Strong’s # 1714, is translated as “standard” 13 times and “banner” 1 time in the KJV. Verses include:
The Hebrew word nēs, Strong’s # 5251, is translated as “standard” 7 times, “ensign” 6 times, “pole” 2 times, “banner” 2 times, “sail” 2 times, and “sign” 1 time in the KJV. Verses include:
Matthew Henry writes:
“STANDARD, in war. An ensign or flag used in war.” Bouvier’s Law Dictionary (1856)
"Law of the Flag. An expression applied to the municipal law of the country to which a ship belongs of which the flag is the symbol, when that law is resorted to in preference to the lex loci contractus for the construction and effect of a contract or the determination of a liability affecting the ship or her cargo.
The law of the flag is 'to regulate the liabilities and regulations which arise among the parties to the agreement, be of affreightment or by hypothecation, upon this principle, that the ship-owner who sends his vessel into a foreign port gives notice by his flag to all who enter into contracts with the shipmaster, that he intends the law of that flag to regulate those contracts, and that they must either submit to its operation or not contract with him at all;' Foote, Priv. Int. L. 408; and in England this rule is usually followed, the tendency being that, in the absence of indication of the intention of the parties, the presumption is in favor of the law of the ship's flag; Scrutton, Chart. Part. 11; but in 3 Moo. P. C. N. S. 272; Liverpool & G. W. S. Co. v. Ins. Co., 129 U.S. 397, 9 S.Ct. 469, 32 L.Ed. 788; 12 Q.B.D. 589; 10 Id. 540, it was held that the lex loci contractus must prevail. In his treatise on merchant shipping (3d ed. 170) MacLachlin thus states the rule as to the effect of the law on the authority of the master. 'The agency of the master is devolved upon him by the law of the flag. The same law that confers his authority, ascertains its limits, and the flag at the mast-head is notice to all the world of the extent of such power t bind the owners or freighter by his act. The foreigner who deals with this agent has notice of that law, and, if he be bound by it, there is no injustice. His notice is the national flag which is hoisted on every sea and under which the master sails into every port, and every circumstance that connects him with the vessel isolates that vessel in the eyes of the world, and demonstrates his relation to the owners and freighters as their agent for a specific purpose and with power well defined under the national maritime law;' id.; this was suggested by the author quoted as a possible explanation of the apparently anomalous exception of bottomry bonds from the general rule that the lex loci contractus prevails." Bouvier's Law Dictionary (1914)
"Use of the flag. The most general and appropriate use of the flag is as a symbol of authority and power." The National Encyclopedia (1944), Vol. 4, p. 326.
"NATIONAL FLAG. A flag representing an independent state, especially a nation-state, but by extension the flag of formerly independent states and of non-independent national groups. Although chiefly associated with use by private citizens, either on land or at sea, the term is frequently applied to a design used in any one of six principal functions; see civil ensign, civil flag, state ensign, state flag, war ensign, war flag." Flags (1975), p. 19.
From http://definitions.uslegal.com/l/law-of-the-flag/ :
Law of the flag is a principle of maritime and international law that the sailors and vessel will be subject to the laws of the state corresponding to the flag flown by the vessel. The law of the flag doctrine is chiefly applicable to ships on the high seas, where there is no territorial sovereign. With respect to ships in foreign territorial waters it has little application beyond what is affirmatively or tacitly permitted by the local sovereign.
The traditional statement of the law of the flag doctrine provides that a merchant ship is part of the territory of the country whose flag she flies, and that actions aboard that ship are subject to the laws of the flag state. The law of the flag doctrine does not mandate that anything that occurs aboard a ship must be handled by the flag state. In fact, the United States Supreme Court has recognized that the law of the flag doctrine does not completely trump a sovereign's territorial jurisdiction to prosecute violations of its laws. [United States v. Kun Yun Jho, 534 F.3d 398 (5th Cir. Tex. 2008)]
And from the Christ county vault:
1. How did you decide on this banner design?
2. Did you have any successes using the banner to depose your Law?
3. Where did you display the banner? House? Car? Sleeve? I’m wondering if it was used effectively to establish jurisdiction over your property.
Anything else y'all would like to add would be appreciated.
Flags have been used since ancient times as symbols to depose one’s law and define one’s nation. I wanted to find out if, historically, there was a flag flown by the soldiers of God to depose His Word as Law and set jurisdiction in His Kingdom. Here is some of the info I’ve found, if anyone else has wondered the same thing. If anyone has done a study on this, please share your findings, especially those related to flags of His Kingdom.
Degel
The Hebrew word degel, Strong’s # 1714, is translated as “standard” 13 times and “banner” 1 time in the KJV. Verses include:
In the New Bible Dictionary, G.W. Grogan writes:And the children of Israel shall pitch their tents, every man by his own camp, and every man by his own standard, throughout their hosts. Numbers 1:52 (KJV)
Every man of the children of Israel shall pitch by his own standard, with the ensign of their father's house: far off about the tabernacle of the congregation shall they pitch. Numbers 2:2 (KJV) (The word “standard” is continually used throughout the numbering of the tribes)
We will rejoice in thy salvation, and in the name of our God we will set up our banners: the LORD fulfill all thy petitions. Psalm 20:5 (KJV)
Easton’s Illustrated Bible Dictionary defines “Banner” as:1. Heb. Degel, meaning “standard” or “flag”, is rendered “banner” 4 times and “standard” 14 times in RSV. In the wilderness each tribe was marked by its own banner (Nu. 1:52; 2:2-3, etc). In Ps. 20:5 the word is used for a flag of battle.
Nēs1. The flag or banner of the larger kind, serving for three tribes marching together. These standards, of which there were four, were worked with embroidery and beautifully ornamented.
2. The flag borne by each separate tribe, of a smaller form. Probably it bore on it the name of the tribe to which it belonged, or some distinguishing device.
The Hebrew word nēs, Strong’s # 5251, is translated as “standard” 7 times, “ensign” 6 times, “pole” 2 times, “banner” 2 times, “sail” 2 times, and “sign” 1 time in the KJV. Verses include:
In the New Bible Dictionary, G.W. Grogan writes:10 And in that day there shall be a root of Jesse, which shall stand for an ensign of the people; to it shall the Gentiles seek: and his rest shall be glorious. 11 And it shall come to pass in that day, that the Lord shall set his hand again the second time to recover the remnant of his people, which shall be left, from Assyria, and from Egypt, and from Pathros, and from Cush, and from Elam, and from Shinar, and from Hamath, and from the islands of the sea. 12 And he shall set up an ensign for the nations, and shall assemble the outcasts of Israel, and gather together the dispersed of Judah from the four corners of the earth. Isaiah 11:10-12 (KJV)
Lift ye up a banner upon the high mountain, exalt the voice unto them, shake the hand, that they may go into the gates of the nobles. Isaiah 13:1-2 (KJV)
Thus saith the Lord GOD, Behold, I will lift up mine hand to the Gentiles, and set up my standard to the people: and they shall bring thy sons in their arms, and thy daughters shall be carried upon their shoulders. Isaiah 49:22 (KJV)
Declare ye among the nations, and publish, and set up a standard; Jeremiah 50:2 (KJV)
Set ye up a standard in the land, blow the trumpet among the nations, prepare the nations against her, call together against her the kingdoms of Ararat, Minni, and Ashchenaz; Jeremiah 51:27 (KJV)
Thou hast given a banner to them that fear thee, that it may be displayed because of the truth. Selah. Psalm 60:4 (KJV)
Easton’s Illustrated Bible Dictionary defines “Banner” as:2. Heb. Nēs, meaning “ensign” is often rendered “banner” in RSV. It is usually employed to designate a rallying-standard. In Is. 11:12 the Messiah is said to raise up such a standard, while in verse 10 he himself is said to be one. Perhaps this latter reference is intended to be a link with “The Lord is my banner” (Jehavah-nissi, AV) in Ex. 17:15.
The following commentary is specific to Psalm 20:5:3. A lofty signal-flag, not carried about, but stationary. It was usually erected on a mountain or other lofty place. As soon as it was seen the war-trumpets were blown (Ps 60:4; Isa 5:26; Isa 11:12; Isa 13:2; Isa 18:3; Isa 30:17; Jer 4:6, 21; Ezek 27:7).
Charles Spurgeon writes:“We will rejoice in thy salvation, and in the name of our God we will set up our banners: the LORD fulfil all thy petitions.”
We will wage war in his name, we will see that our cause be good, and make his glory our end in every expedition; we will ask counsel at his mouth, and take him along with us; we will follow his conduct, implore his aid, and depend upon it, and refer the issue to him.
Matthew Henry writes:
W. Wilson writes:We will celebrate our victories in his name. When "we lift up our banners" in triumph, and set up our trophies, it shall be "in the name of our God," he shall have all the glory of our success, and no instrument shall have any part of the honour that is due to him.
Mark Frank (1613-1664) writes:We will set up our banners. Confession of Christ, as the only name whereby we can be saved, is the "banner" which distinguishes his faithful people. O that this confession were more distinct, more pure, more zealous, in those who seem to be his followers, then would they be more united, more bold, in the profession of their religion, more successful in the cause of Christ, terrible as an army with "banners."
Joseph Augustus Seiss, author of The Apocalypse: A Series of Special Lectures on the Revelation of Jesus Christ, wrote of Revelations 12:3 in his 27th Lecture:Our banners. Will you know the staff, the colours, and the flag or streamer of this ensign? Why, the staff is his cross, the colours are blood and water, and the streamer the gospel, or preaching of them to the world. The staff that carried the colours, was of old time fashioned like a cross, a cross bar near the top there was, from which the flag or streamer hung; so as it were prefiguring, that all the hosts and armies of the nations were one day to be gathered under the banner of the cross, to which soldiers should daily flow out of all the nations and kingdoms of the earth.
Miscellaneous definitions and case citations pertaining to flags/banners/standards:And from these holy oracles of truth I make it known to you this night, that if you have not yet enlisted under the banner of Emanuel, and at His altar sworn unfaltering allegiance to Him, you are under the Dragon's standard, serving his will, helping on his foul and murderous work, and on the way to share his destiny. God help every one in such a case to see it before it be forever too late! Though involved in Satan's coils, it is not impossible yet to change sides; but it must be done quickly, if ever. Hence, the very first question which we are bound to ask of those to whom we are to deliver the promise of salvation is: "Do you renounce the Devil and all his works,—the vanities of the world and the sinful desires of the flesh?" And for those who decline to do this, now in the time of their probation, there is no hope, and no promise of eternal life.
“STANDARD, in war. An ensign or flag used in war.” Bouvier’s Law Dictionary (1856)
"Law of the Flag. An expression applied to the municipal law of the country to which a ship belongs of which the flag is the symbol, when that law is resorted to in preference to the lex loci contractus for the construction and effect of a contract or the determination of a liability affecting the ship or her cargo.
The law of the flag is 'to regulate the liabilities and regulations which arise among the parties to the agreement, be of affreightment or by hypothecation, upon this principle, that the ship-owner who sends his vessel into a foreign port gives notice by his flag to all who enter into contracts with the shipmaster, that he intends the law of that flag to regulate those contracts, and that they must either submit to its operation or not contract with him at all;' Foote, Priv. Int. L. 408; and in England this rule is usually followed, the tendency being that, in the absence of indication of the intention of the parties, the presumption is in favor of the law of the ship's flag; Scrutton, Chart. Part. 11; but in 3 Moo. P. C. N. S. 272; Liverpool & G. W. S. Co. v. Ins. Co., 129 U.S. 397, 9 S.Ct. 469, 32 L.Ed. 788; 12 Q.B.D. 589; 10 Id. 540, it was held that the lex loci contractus must prevail. In his treatise on merchant shipping (3d ed. 170) MacLachlin thus states the rule as to the effect of the law on the authority of the master. 'The agency of the master is devolved upon him by the law of the flag. The same law that confers his authority, ascertains its limits, and the flag at the mast-head is notice to all the world of the extent of such power t bind the owners or freighter by his act. The foreigner who deals with this agent has notice of that law, and, if he be bound by it, there is no injustice. His notice is the national flag which is hoisted on every sea and under which the master sails into every port, and every circumstance that connects him with the vessel isolates that vessel in the eyes of the world, and demonstrates his relation to the owners and freighters as their agent for a specific purpose and with power well defined under the national maritime law;' id.; this was suggested by the author quoted as a possible explanation of the apparently anomalous exception of bottomry bonds from the general rule that the lex loci contractus prevails." Bouvier's Law Dictionary (1914)
"Use of the flag. The most general and appropriate use of the flag is as a symbol of authority and power." The National Encyclopedia (1944), Vol. 4, p. 326.
"NATIONAL FLAG. A flag representing an independent state, especially a nation-state, but by extension the flag of formerly independent states and of non-independent national groups. Although chiefly associated with use by private citizens, either on land or at sea, the term is frequently applied to a design used in any one of six principal functions; see civil ensign, civil flag, state ensign, state flag, war ensign, war flag." Flags (1975), p. 19.
From http://definitions.uslegal.com/l/law-of-the-flag/ :
Law of the flag is a principle of maritime and international law that the sailors and vessel will be subject to the laws of the state corresponding to the flag flown by the vessel. The law of the flag doctrine is chiefly applicable to ships on the high seas, where there is no territorial sovereign. With respect to ships in foreign territorial waters it has little application beyond what is affirmatively or tacitly permitted by the local sovereign.
The traditional statement of the law of the flag doctrine provides that a merchant ship is part of the territory of the country whose flag she flies, and that actions aboard that ship are subject to the laws of the flag state. The law of the flag doctrine does not mandate that anything that occurs aboard a ship must be handled by the flag state. In fact, the United States Supreme Court has recognized that the law of the flag doctrine does not completely trump a sovereign's territorial jurisdiction to prosecute violations of its laws. [United States v. Kun Yun Jho, 534 F.3d 398 (5th Cir. Tex. 2008)]
And from the Christ county vault:
Ok, if you made it this far, I have a few questions for any People of Christ county.“Section Three. Banner: The Authorized Banner for Christ county, kingdom of God, and this House, shall Herald to Christ's church and all the world the Venue, Jurisdiction, Law of the Place (lex loci) and Law of the Forum (lex fori) for this House and the People therein.”
“The Cross of Christ shall be the color blue, and shall symbolize Righteousness, Judgment, and Mercy. The Union Field shall be white, and shall symbolize Purity and Truth. The Border Stripe shall be the color red, and shall symbolize the Blood of Christ as a covering of Our sins. The Banner shall be presented by being vertically hung or flown. (History: HR 25)”
1. How did you decide on this banner design?
2. Did you have any successes using the banner to depose your Law?
3. Where did you display the banner? House? Car? Sleeve? I’m wondering if it was used effectively to establish jurisdiction over your property.
Anything else y'all would like to add would be appreciated.