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Trusts, Faith and Aliances and Allegiance

"Study to shew thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth." 2 Timothy 2:15

Equity’s courts administered the king’s justice in the king’s dominion over the person. “So friendly is equity to the charitable trust that it will stretch its powers to the limit to sustain and carry out a charitable trust. The theory upon which this is done is known as the cy pres doctrine, the words meaning, roughly translated, ‘as nearly as possible.’”1 But we also know “Nothing is more unjust than to extend equity too far”2 Equity is a persona jurisdiction.

"A person is a man considered in reference to a certain status.”3

So, when the term “common law” is used, there is the common law of the individual freeman and the common law of the legislature. The courts of equity were used to fulfill a need for remedies, but, for which the common law, by tradition and custom, did not provide, such as acts outside the realm of its reasoning jurisdiction, as in the case of “trusts and uses.”

"Law, as distinguished from equity, denotes the doctrine and the procedure of the common law of England and America, from which equity is a departure.” 4

Equity is a “body of rules existing by the side of the original civil law, founded on distinct principles, and claiming incidentally to supersede the civil law in virtue of a superior sanctity inherent in those principles.”5

First, “equity” is not law in itself, but it only exists “by the side of” the law, and the civil law, at that.

The “‘Civil Law,’ ‘Roman Law’ and ‘Roman Civil Law’ are convertible phrases, meaning the same system of jurisprudence.”6

Second, it should be noted that it only claims to supersede the civil law.

“As old rules become too narrow, or are felt to be out of harmony with advancing civilization, a machinery is needed for their gradual enlargement and adaptation to new views of society. One mode of accomplishing this object on a large scale, without appearing to disregard existing law, is the introduction, by the prerogative of some high functionary, of a more perfect body of rules, discoverable in his judicial conscience, which is to stand side by side with the law of the land, overriding it in case of conflict, as on some title of inherent superiority, but not purporting to repeal it. Such a body of rules has been called Equity.”7

1Wills and Trusts, Blackstone School of Law

2Nihil iniquius quam æquitatem nimis intendere.

3Persona est homo cum statu quandom cosideratus. Heinecc.Elem. 1.1, tit.3, §75.

4Bouvier’s Law Dictionary.

5Maine, Anc. Law, 27.

6Black’s Law Dictionary 3rdp 332.

7Holl. Jur. 59.

From the book The Covenants of the gods

Forms of Trusts

All governments are forms of trusts, but the Church differs because it does not ever compel offerings, nor does it guarantee entitlements. The Church is only sustained by free will offerings much the same as early Israel. What is given is laid upon the living altar of the Church in a sacred trust. The public servants of God’s kingdom are bound by Christ to care for the faithful. They are the incorporation of, by, and for Christ, who came to serve. The free individuals of the congregation are linked to the Church and the kingdom it serves by the free will offering of trust and faith and by that mutual witness.

The people have no binding social contract to contribute to the Church other than the covenant that may be written on their heart by God. The Church also remains free from any contracts or obligation to the congregation except what is written on the hearts of the individual ministers by God.

This is a truly free society whose life blood operates not upon an exercising authority, but upon a daily exercise of faith and trust, hope and prayer, charity and love. Societies based on virtue are hard to corrupt.

The individual congregations remain an unincorporated fellowship, with every man returned to his family and to his possessions. The Church remains restricted only by the commands of Christ and the scrutiny and choice of the people. Together, they are a free body politic formed not by force, but by virtue of mutual trust in God’s way to receive, preserve, and propagate Christ’s doctrines and ordinances.

The people recognize the ministers of the Church by free choice and contribution. The Church accept the election of the people by free choice of assignment, as we see in Acts 6.

“And in those days,... because their widows were neglected in the daily ministration. Then the twelve called the multitude of the disciples unto them, and said, ... Wherefore, brethren, look ye out among you seven men of honest report, full of the Holy Ghost and wisdom, whom we may appoint over this business. But we will give ourselves continually to prayer, and to the ministry of the word. And the saying pleased the whole multitude: and they chose Stephen, a man full of faith and of the Holy Ghost, and Philip, and Prochorus, and Nicanor, and Timon, and Parmenas, and Nicolas a proselyte of Antioch: Whom they set before the apostles: and when they had prayed, they laid their hands on them. And the word of God increased; and the number of the disciples multiplied in Jerusalem greatly; and a great company of the priests were obedient to the faith...” The process establishes a legal entity that may function in the world, but not of it. As a foreign creation of Christ, it may open the door to a free society under God, rather than the gods of the world.

Sham Trust vs. Sham Faith

Is His Church Trust a sham trust?

A trust must have each of the following elements:

1. A manifestation of intention of the settlor to create a trust;

2. Trust property

3. A lawful trust purpose

4. At least one identifiable beneficiary

If a trust lacks one of these four elements, it is not a legal or legitimate trust.

The Gift

The settlor of the trust is the Grantor or first gift giver and there is assumedly a series of gifts granted as the corpus is distributed by the Trustee. The benefits within the corpus of His Church Trust is constantly in motion like blood in the veins and arteries of a body. The trustee acts as a porter or gatekeeper.

His Church Auxiliary and Trust is made in the image of His Holy Church which is established in the image of Christ who was as the Father and Creator. The Tree of Life and the dominion of earth were the first gifts given and the sacrifice of the profits and the ultimate sacrifice of Jesus Christ are paradigms to His Holy Church and His Church Sacred Purpose Trust which is an intricate part of His Church auxiliaries.

Sacred Purpose Trust is not the same as any other trust. It is unique. What is given is given completely, like a burnt offering or bread cast upon the water, but the free will choice to give must remain with the people. The choice and manner of service provided by that gift must remain entirely with the minister, who is a servant of God. The separation of the ordained ministers of His Church from the benefits of the world is a critical element of this type of trust. You cannot serve two masters. In essence, this form of sacred purpose trust, with the minister as the steward(a kind of trustee), is at the foundation of His Church.

The gift must be entirely given up or the faith will not be complete. Any gift not completely given brings in the hand of the king. Giving may not be to evade the responsibility already established through the actions or deeds or status of the giver or the gift may be declared "dead" from the beginning [See Statute of Mortmain].

Allegiance1 is, as it were, the essence of the law; it is the bond of faith.”2

1ALLEGIANCE. The obligation of fidelity and obedience which the individual owes to the government under which he lives, or to his sovereign in return for the protection he receives. Black’s 3rd Law Dictionary Ed. page 95.

2Ligeantia est quasi legis essentia; est vinculum fidei. Coke, Litt. 129.

From the book "The Covenants of the gods"

 

The Corpus

There must be some actual property granted to form the beginning of the corpus and not merely pledges of gifts. Since, some of the property may actually be land that land as well as certain types of property may remain with His Church but the use of it shall be distributed and shared in service to the body of the faithful. The faithful are not established by social compact or contract but by acts of complete giving in faith. By their faith you shall know them.

In Acts we see ministers of Christ being accused in Ephesus of being church robbers, guilty of sacrilege. Sacrilege is from the Latin sacrilegus meaning one who steals sacred things. The word includes legus [lex, legis, See “Law vs Legal” or “The Covenants of the gods”] which is the Latin word that has to do with “binding together” from which we get words like legal and legislate. Sacred is defined, “Dedicated to or set apart for the worship…” The word worship has to do with allegiance and homage. What men today tell us these words mean is not as important as the meaning of the original authors of the Sacred scripts of the followers of Christ. We must desire to know what the author was trying to communicate, praying for true understanding.

The Purpose

The purpose of the trust must be for the benefit of Jesus Christ which includes at least the feeding of His Sheep and the peaceful and ministration of His Kingdom in love and charity.

Although we have referred to this arrangement as a ‘Sacred Purpose trust’ the emphasis is not upon the word ‘trust’ but upon the words ‘Sacred Purpose’. In one sense it is like an altar of God and should not be confused with a statutory trust that could be regulated by the State.

An offering is entrusted to the control of the minister, but the status of the overseer is critical to the autonomy of that altar of the Church. Since the offerings are entirely given to God, into the control of the minister of trust, the people’s act of faith is not like a grantor trust.

The corpus of the gift may only return to the people by way of hope and charity. The gift is like bread cast upon the water, or the burnt offerings upon the altars of the past. Once an offering is given the minister of this sacred altar of the Church must choose how it shall be used like those unregulated or unhewn stones of those ancient living altars of worship.

The Beneficiary

Since, Jesus is the Beneficiary the question must arise is He identifiable. To those who believe and know Him there is no doubt to who He is. But to much of the world He is not recognizable or identifiable. There is a clear record that the World, that is to say the Roman Empire, recognized Jesus Christ. It is also clear that the Holy Roman Empire as well as the World today recognize the kingdom of Heaven on Earth, the Church and Jesus who established it.

His Holy Church may be more identifiable as an entity and presence in the World and is already the Protector of His Church Sacred Purpose Trust. Being  identifiable as an entity and presence in the World is dependent upon records which every His Church is required to keep. This is why the Church has kept records since the days of Moses and Jesus Christ.

The Protector of a trust may also be as a Beneficiary but in fact His Holy Church like the Levites must belong to Jesus Christ and therefore the Father in Heaven. His Holy Church may receive directly from His Church but can they really be named as the Beneficiaries?

They are already under the authority and dominion of Jesus the Christ. Anything given to them is actually given to God through Jesus because they may not own anything as a personal estate. They are the personal estate of Christ. They are in perpetual service to His Kingdom and those that wish to enter His Kingdom.

Because His Holy Church has no personal estate having granted all things to the Father it would be inappropriate to name His Holy Church as the Beneficiary. The Grantors of His Church Trust have already recognized His Holy Church as the society established by Jesus to receive, preserve, and propagate his doctrines and ordinances and they have entrusted His Holy Church with the office of Protector, having understood their position as the ministers of Jesus Christ and trustees of His Kingdom.

1 Corinthians 8:6 But to us [there is but] one God, the Father, of whom [are] all things, and we in him; and one Lord Jesus Christ, by whom [are] all things, and we by him.

His Church may contribute to the needs of His Holy Church and its ministers or they may distribute the corpus to any of the needy since Jesus clearly gave the care of the poor as a mission of the Church.

Mark 14:7 For ye have the poor with you always, and whensoever ye will ye may do them good: but me ye have not always.

His Church and its Minister Trustees stand as the Porters or Gatekeepers to His Holy Church and in that since only His Holy Church provides an extra identifiable entity existing on behalf of the Beneficiary. But because of the Nature of His Holy Church it should never be listed as the Beneficiary.

Jesus Christ must be the beneficiary of His Church. But Christ told us to benefit his sheep.

2 Corinthians 5:18 And all things [are] of God, who hath reconciled us to himself by Jesus Christ, and hath given to us the ministry of reconciliation;

“A trust is an obligation of conscience of one to the will of another.”1

“And he shall say, Where [are] their gods, [their] rock in whom they trusted, Which did eat the fat of their sacrifices, [and] drank the wine of their drink offerings? let them rise up and help you, [and] be your protection.” (Deuteronomy 32:37, 38)

1Fides est obligatio conscientiae alicujus as intentionem alterius Bacon.

From the book "The Covenants of the gods"

Other articles

See: Study page Index

See: Index His Church Trusts

See: Equity and Trusts

See: Church Trusts

Factors of a Sham Trust see: Sham Trust

His Church Trust Explained part 1

His Church Trust Explained part 2

 


 



If we will not be ruled in our hearts and minds by our Father in Heaven we shall be ruled by the Fathers of the "world".

 

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