1 Peter 4:6, "For for this cause was the gospel preached also to them that are dead, that they might be judged according to men in the flesh, but live according to God in the spirit."
When Peter and John were arrested and taken to the council, they didn’t give an invitation to be arrested, they were taken involuntarily, but neither one of them drew a sword nor resisted. This lines up with what Paul said in:
2 Corinthians 10:4-6, "(For the weapons of our warfare are not carnal, but mighty through God to the pulling down of strong holds) Casting down imaginations, and every high thing that exalteth itself against the knowledge of God, and bringing into captivity every thought to the obedience of Christ; And having in a readiness to revenge all disobedience, when your obedience is fulfilled."
As bondservants of Jesus the Christ, we witness to the world from without to change it for the Glory of God from within. Our weapons are specifically mentioned in Ephesians 6:11-20 (scroll to bottom of page for complete passage).
Peter and John went along to the council because they had to bear witness of the Truth to the Sanhedrim as to why and what they were doing. Notice how simple the words Peter and John spoke; so simple that they could not be overcome.
Acts 4:19-20, "But Peter and John answered and said unto them, Whether it be right in the sight of God to hearken unto you more than unto God, judge ye. For we cannot but speak the things which we have seen and heard."
They didn’t use extravagant words or opinions, they used Truth. In other words, Peter and John were saying, "We ought to obey God rather than men" (Acts 5:29), and they were declaring that hearsay would not be the truth, and is not evidence, because they can only speak of things that they themselves have witnessed (John 18:34).
Appearing in Court
We should never appear in court voluntarily, because that would cause joinder and give them jurisdiction over us to take away our physical liberty. This is what happened to Paul in Acts 25 through 26. Paul's life was in danger, and he appealed to Caesar's courts (Acts 25:11-12,21,25; 28:19), and we see the possible outcome otherwise:
Acts 26:32, "Then said Agrippa unto Festus, This man might have been set at liberty, if he had not appealed unto Caesar."
In other words, the king himself, Agrippa, wished the apostle's immediate liberation; but this was now rendered impracticable, because he had appealed to Caesar. The appeal was no doubt registered, and the business must now proceed to a full hearing. If Festus had decided before Paul had made his appeal, he would have been released; but as the appeal had now been made, to Caesar he must go.
Now, with Paul in this case, we must remember that it was a "special" circumstance, as we now know from Scripture. It was the Lord's will that he go to Rome. But, as Paul wrote, we are specifically prohibited from going to courts before the natural man:
1 Corinthians 6:1, "Dare any of you, having a matter against another, go to law before the unjust, and not before the saints? But brother goeth to law with brother, and that before the unbelievers."
The terms "unjust" and "saints" in the above verse are referring to unbelievers as opposed to believers. How incredible that the just should go before the unjust for justice! Why set them to judge who are least esteemed (i.e. the heathen) in the Christ's assembly (1 Corinthians 6:4)?
Even Jesus said, in Luke 12:11, "When they bring you unto the synagogues, and unto magistrates, and powers..." Notice we are not to bring ourselves voluntarily to their courts, but they are the ones who must bring us to their courts. And do not worry about how you should answer them once in court, because we have these promises from God, as Luke continues:
Luke 12:11-12, "When they bring you unto the synagogues, and unto magistrates, and powers, take ye no thought how or what thing ye shall answer, or what ye shall say: For the Holy Ghost shall teach you in the same hour what ye ought to say."
Luke 21:14-15, "Settle it therefore in your hearts, not to meditate before what ye shall answer: For I will give you a mouth and wisdom, which all your adversaries shall not be able to gainsay nor resist."
What is the purpose for being "brought" to court? Peter states the purpose:
1 Peter 2:15-16, "For so is the will of God, that with well doing ye may put to silence the ignorance of foolish men: As free, and not using your liberty for a cloke of maliciousness, but as the servants of God."
So, yes, you are going to be taken before the magistrate, but it’s the will of God that you appear before magistrates, and it’s also the will of God that you speak the Truth to them, so that they also will understand and come to the knowledge of God, through Christ Jesus.
Matthew 5:16, "Let your light so shine before men, that they may see your good works, and glorify your Father which is in heaven."
This is bearing witness to the world. When the world attacks you, you bear witness to the Truth. We are to bear witness of Christ Jesus in us that the world may see who He is, and have that evidence in the works that we do and the words that we speak. This is how we are the light of the world (Matthew 5:14). We are not the salt of the world, as others have told us, we are only the light of the world. The world has no salt. We are "the salt of the earth" but not of the world (Matthew 5:13). The terms ‘world’ and ‘earth’ have different meanings. Jesus certainly made a distinction between ‘world’ and ‘earth’ when he said, "I have overcome the world" in John 16:33. This would not make any sense if he said, "I have overcome the earth."
If you go to Jail
If you are taken to jail, do not fret. Do not think, "Man is hindering the work that God has for me by putting me in jail," because man does not have the power to hinder God's Will. Remember Joseph (Genesis 37-48)? He was shown a vision by God that he would be a ruler some day. But his brothers sold him into slavery, and then his master's wife falsely accused him of rape, and he was thrown into prison for years and years. It might have never crossed Joseph’s mind, until it was all over, that this was God’s process to prepare him to rule. Joseph was learning obedience by what he suffered (Hebrews 5:8). And after God saw to it that he was ready, Joseph became a ruler.
Often in these training-up periods we focus on the impossibility of our circumstances, instead of the greatness of God. As a result we are discouraged and need to blame someone, so we look for the one we "feel" is responsible for our despair. When we face the fact that God could have prevented our whole mess, and didn’t, we often blame God. Prison was a time of sifting for Joseph, but it was also a time of opportunity.
Now let's look at the example of Paul. On the Sabbath day (Acts 16:13), Paul did the godly work of healing a woman who was possessed (Acts 16:16-18), but this took away "gain" from some merchants, so they accused Paul and brought him to the rulers and magistrates (Acts 16:19-21). The magistrates sentenced him to get beaten with 39 stripes (2 Corinthians 11:24), and put him in prison with his feet in stocks (Acts 16:22-24). Did Paul get depressed and complain that men were hindering him from doing God's Will? No. Did he get angry at the men who put him in prison? No. What did Paul do? Well, let's see.
Acts 16:25, "And at midnight Paul and Silas prayed, and sang praises unto God:"
Then his loving Father sent an earthquake which opened the prison doors and loosed the shakles from everyone (Acts 16:26). Most people would look at this as an opportunity to "escape" from prison. After all, it's not God's Will that we be in prison. Right? If God loosed my chains, that must mean he wants me to escape. Right? But is this what Paul did? No, Paul did not leave prison; he stayed in prison!
Acts 16:27, "And the keeper of the prison awaking out of his sleep, and seeing the prison doors open, he drew out his sword, and would have killed himself, supposing that the prisoners had been fled."
Paul did not flee, he stayed put. And because he stayed, Paul stopped the prison guard from committing suicide! If Paul escaped, the guard would have died (if not by suicide, then by Caesar. Because death was the penalty to a guard if his prisoner escaped - see Acts 12:19). And this was now an opportunity to witness to him! And after the guard heard the Truth, the guard and his household were baptized and became believers in God (Acts 16:29-34).
But this is not all. The next day, the magistrates told the serjeants, which, in turn, told the guards, to tell Paul that he and his men were free to go (Acts 16:35-36)! Did Paul leave prison after he had permission from the guards? No, he did not!!! Why? Listen to what Paul said:
Acts 16:37, "But Paul said unto them, They have beaten us openly uncondemned, being Romans, and have cast us into prison; and now do they thrust us out privily? nay verily; but let them come themselves and fetch us out."
Paul wanted his accusers to tell him, face to face, that he was free to go. He did not want them to release him "privately." And even though his accusers feared him because of this bold stand, his accusers did go to him in person and asked him to leave prison (Acts 16:38-39). This humbled his accusers. And only then did Paul leave prison (Acts 16:40).
The earthquake was not intended to deliver Paul but to convert the jailer; God knew that Paul would be released the next day. Likewise, maybe God will send you to jail to convert someone in need. The earthquake would have been meaningless had not the jailer and prisoners heard Paul's testimony in prayer and song. Their singing brought about divine intervention. If you go to jail, you should do likewise. Not for your benefit, but for God's Glory.
Some may think that they cannot submit to jail or prison. You can submit to unfair treatment, if you know the Father's Will is unfolding.
1 Peter 2:19-23, "For this is acceptable if, for the sake of conscience toward God, anyone endures griefs, suffering unjustly. For what glory is it, if sinning and being buffeted ye endure it? but if doing good and suffering ye endure it, this is acceptable with God. For to this ye were called: because Christ also suffered for us, leaving us an example, that ye should follow after in his steps: Who did no sin, neither was guile found in his mouth: Who, being railed at, railed not in return; when suffering threatened not; but gave himself over to him who judges righteously:"
Before Court Appearance
Sometimes, after being arrested, the police will become angry that you will not sign anything, or submit to their injections of drugs, or give them your fingerprints and mugshut. Do not give in. If you do not do what they say, they may threaten you by saying they'll send you to an insane asylum, by throwing you in solitary confinement, by keeping you up all night and dragging you out of bed in the middle of the night, keeping the lights on all night, making loud noises, they may refuse to give you toiletries, food, and even refuse to allow you to make a telephone call or see any visitors. They may smirk and say things like, "Your pain must be unbearable." If they do, simply look at them and say, "Thank you so much. I consider it a great honor to suffer for the Lord's sake, just as Christ suffered at your hands two thousand years ago."
For those who are thrown in jail, either after sentence, or before you're taken to court, the authorities will not allow anyone to visit you if they have no identification. However, ministers of Christ do not need identification. We know of one brother who was thrown in solitary confinement (because Caesar was angry that he could not sign any of their paperwork), yet he was permitted to see his minister, his only visitor. All a minister must do is see the chaplain of the jail, and explain to him that he is a minister for the Lord, and he'd like to visit one of his flock. If he asks, explain to him why you don't have any Identification.
Sometimes, when you tell a judge that you are a bondservant of Christ Jesus, he will send you to a psychiatric hospital to see if you're crazy. But our Lord was in the same position as well, because Jesus was accused of being mad. Many of Jesus' listeners thought he was mad and crazy (John 10:20). Even Jesus' friends went to lay hold on him because they thought he was crazy (Mark 3:21). Brother Paul was also accused of being crazy by the Roman government, specifically by Festus, the procurator of Judea (Acts 26:24-25). So, you're in good company. When you are sent to a psychiatric hospital, there is no obligation for you to say anything to the psychologist, but if you do say anything, simply speak the Truth to them and take the opportunity to share the Kingdom of God with them. They may keep you there for days, weeks, or months, but this is actually a blessing! During your stay at the hospital, you are allowed visitors on a daily basis, you eat much better food than they serve in jail, you are assigned a comfortable bed, etc. You have much more freedom there than in a jail cell.
A court may also try to force you to take a lawyer, often by assigning a court appointed attorney to you. By accepting a lawyer you give jurisdiction to the court, and you are considered a "ward of the court" in their heathen law, meaning you are not capable of speaking in court. Besides, this is a benefit of the court, and will nullify your witness. You cannot be forced to accept one. Therefore, when the lawyer comes to see you, simply tell him, "If you believe you are hired, consider yourself fired. Christ Jesus, and He alone, is my Advocate and Wonderful Counselor." Besides, anyone who forces themselves on you is your enemy.
Before you are brought to the judge, pray for the judge, and pray that his judgment will be a righteous judgment as God would have led him to make. The judge's job is not easy, and pray that God will bless him with the strength and wisdom to do it well, and pray that God continue to bless him. The judge will most likely be under political pressure from the government, and from the court that he works in.
How to Speak in Court
Those in government are trying to impose a foreign law on you, by taking you out of your godly venue and putting you in a foreign venue to answer a charge to a foreign law. They are always testing the spirits. Therefore, when you walk into a foreign court, you must import God’s Law into that court in order to distinguish and separate yourself from that court's foreign law. When you are confronted by governing authorities, pray in spirit while you are talking to them. For example, "Father, just give me the words. Tell me what it is you want me to say and I’ll say them, because I know that only your knowledge and wisdom will deliver me out of these tribulations."
Warning: Do not ever keep a copy of this paper with you while you are on the roads or in court. If you do, and the judge sees this paper, it will nullify your witness, because the words you speak are not coming from your heart as guided by the Holy Spirit, but are coming from a piece of paper. The governing authorities will see by your actions that you lack faith, and they will not believe that you mean what you say. More important than the words that come out of your mouth is whether or not you are sincere in what you speak. If you are simply repeating what somebody else told you, you are not being sincere. These are not just words that you're parroting, because even the natural man knows when you're lying because he walks in a lie all the time, so he recognizes his own. So, you have to speak the things that are written on your heart.
It's okay to have a prepared statement, and to tell the judge, "For the record, I'd like to make some points," and then read from that. But you should only have points you want to cover on it, and then speak from the heart on those points.
The following responses given here are only to show the general spirit of how one may fend off the fiery darts of the natural man's courtroom, and are not to be taken word for word. All questions and answers are different according to each individual situation, so let the Holy Spirit lead you.
Enter the scripture into evidence. Some have had their case dismissed by simply doing this. You can stands before the judge, holding a Bible, and ask him, "Where in your law does it say that your law is superior to God's Law?" They can't answer. All they can do is ban you from their COURTS.
If you have not answered to the fictitious name that Caesar has given you, Caesar will assign a different fictitious name to you; JOHN DOE. Never answer to this name:
John Doe: A fictitious name frequently used to indicate a person for the purpose of argument or illustration, or in the course of enforcing a fiction in the law. Bouvier's Law Dictionary, 1914, page 1696.
By answering to this name, you admit you're a "person," engaged in an "argument," and are partaking of Caesar's "fictions in the law."
If the judge calls out your name (RICHARD ANTHONY for example, even if Richard Anthony is your God-given name), do not respond, since that name is not yours. Even if it sounds like your name, it will not be the correct spelling, because all names on their process are spelled in ALL CAPITAL LETTERS, and, since your name is not spelled in all capital letters, that name is not yours. That is not who you are.
You may say, "Are you trying to hail me?" If judge says, "Yes," then say, "I send you greetings from our King and Lord, Jesus, the Christ. I am a bondservant of the Lord Christ Jesus, and I am here to execute His will and testament. I could not be who you think I am because the name you have is in all capital letters, which, as it is written in your law, is a misnomer."
There are possibly two ways the court may proceed.
1) The judge may try to ignore your abatement of a misnomer and pretend it's not important. In this case, face the prosecutor and say, "For the record, I am not the one named in this particular action, by virtue of the fact that the name on your process is spelled in all capital letters, and therefore could not be mine. My God-given name does not appear on your purported process. I am who my Lawgiver says I am, not who you say I am. is it not written in your law that, no man can sue somebody in the name of another? You are attempting to deceive me and the magistrate and this honorable court by your imposition of your purported process, by suing me in the name of another. This must be abated as a public nuisance. How say you?
2) On the other hand, the judge might say, "Yes, it is spelled in capital letters." Then respond, "My God-given name is spelled capital "R," lowercase "i,c,h,a,r,d, etc." and proceed to spell it.
If the judge says something like, "Let's go over this. I want to get the spelling correct. Your first name is..." you should recognize here that the judge's patronizing acceptance of the proper spelling is done for deceptive purposes. By the acceptance of the proper spelling by the Court, they have recognized your substance in Christ and have abandoned the ability of prosecuting you. One should object to this acceptance because the Court can "normally" only prosecute the "person" (name in all caps), not the substance. If objection is not made, it is taken by the court that you are giving permission to be prosecuted. So say something like, "I object to being prosecuted under my God-given name. The court does not have the ability of prosecuting me under my true name without my permission. For the record, I do not give this court permission to do so."
If the court addresses you as ‘Mr. So and So,’ or as ‘Sir’, respond, "For the record, I am not a ‘Mr.’ or a ‘Sir,’ for those are pagan and heathen titles of nobility." If they continue to use those designations, it doesn’t matter, for you have rebutted the presumption that you are one of their pagan entities.
The court is presuming you are the person named on their papers. They may try to "test" you to establish a response from you to the "name" on their papers, so that they may "presume" jurisdiction over you. For example, the court may say, "Mr. ___, why don’t you have a seat for just a minute." Then, after you sit down, the court might say, "Mr. ___, would you stand up, please." Having responded to the name by sitting down and standing up at the direction of the judge, the judge can now presume that "you and the name are one and the same," due to the obedience shown by his commands.
If the court says, "Well, it says on our papers that you are so and so," then reply, "You say it does." If the court says, "So, are you saying you are not so and so?" Do not answer yes or no, do not deny or confirm it. Simply say, "As I told you, you say it does." If the court asks you, "Well, what is your name?" reply, "I will also ask you one thing. Is a name a note, symbol, or mark of a thing given by those in authority to those in subjection to that authority?" If the judge is "honest," he should concur and say, "Yes." Reply, "Well, I am under the authority of Christ Jesus, and I am commanded by Him to render to Caesar that which is Caesar's, and to God the things that are God's (Matthew 22:21, Mark 12:17, Luke 20:25). Since I do not have a name given to me by Caesar, I do not have a name that can be rendered to Caesar." If the court asks what others call you, say, "That's not important, and it's irrelevant. What's important is that I am not so and so. My accuser presumes I am so and so. But it is written in both God's Law and man's law that everything must be proved by at least two witnesses. I see no witnesses here."
If accused of being a resident, respond, "I deny I am a resident."
If they say their laws apply to non-residents as well, respond, "I deny I am a non-resident (or civilian, person, human being, etc.). My Father has never described me as such. I'm a bondservant of and sojourner with Christ Jesus. You are making presumptions contrary to the facts already in evidence."
If asked what evidence, respond: "The Truth of the Matter spoken. I am who my Father says I am, not who Caesar says I am. For instance, are you breathing on your own, or is God giving you your breath? If you have control over you're own breath, then you would live forever. Where does your DNA come from? Were you created randomly by chance or Caesar, or were you created by God? You are living proof that there is a Creator."
If they say, "I was created by random chance," reply, "Then I will randomly walk out of this court!"
If the court reads the charges to you, they are still against the "person" only. One reply could be, "Those charges are against the person RICHARD ANTHONY in all capital letters, which I am not, because I am known by, and do the will of, my Father only."
If the court has your fingerprints and tries to admit evidence to prove you to be one of theirs, such as showing the mug shot from their computers, or a signature of you from a piece of paper, these are fictions and can be rebutted. If they point to a picture of you and ask, "Is this you?" Reply "I deny that is me." It might be an "image" of you, but it is not you. Besides, anybody can put a picture in a computer and add whatever false information they want about that picture.
If they ask if that's your signature on a piece of paper, and claim it as evidence, reply: "I deny that is my signature, it is only another false image." It might be a signature from your "old man," but you have become a "new man" in Christ. But you must repent of that. You just can't pick and choose what you want to be your signature, you must repent of merging yourself with the unclean things, and not do it again. That is part of putting off the old man (Colossians 3).
You may also add, "By the law of My Master, "in the mouth of two or three witnesses shall every word be established" (2 Corinthians 13:1). Where are your witnesses? You are asking me to be a witness against myself. Everything on a piece of paper is an idle word. Everything on a computer is a false image. You presume that is my signature. You presume that is me in the computer. But those presumptions are all based on false images."
You may also say, "It is written in your law that computer generated images evidences nothing and have no substance, it is but conclusionary reasoning indulged in to supply the absence of facts. And "reason" means whatever you want it to mean."
It is written in your law that "No man is ignorant of God’s Law" (Maxim). The Scripture saith, "There is one lawgiver (James 4:12). The Lord is our lawgiver (Isaiah 33:22)." It is also written in your law, "We are all bound to our lawgiver, regardless of our personal interpretation of reality (Maxim). Legality is not reality" (Maxim). The reality is what God says it is, not what your perception of it is. It is also written in your law, "There is no fiction without law. Fictions arise from the law, and not law from fictions" (Maxim).
If the judge says you cannot bring God’s Law in his court, you can say, "I did not bring God's Law in here, you did. I’m simply confirming it."
If the judge says no preaching is allowed in his courtroom, you can respond by saying, "I am not preaching, I am declaring the Law. It is only your opinion that I’m preaching. Is your opinion greater than the Law?"
If he labels you a "defendant," respond by saying, "I am not defending anything, I am maintaining my standing in law in the office of Christ. I am one of His several ambassadors (2 Corinthians 5:20, John 20:21), and it is written in your law, 'It is contrary to the Law of Nations to violate the Rights of Ambassadors’" (Maxim).
If they ask you to prove ambassadorship, say, "It is written in your law, ‘everything must be proved by two witnesses’ (Maxim). I am one that bears witness of myself, the works I do bears witness of me, the scriptures bear witness of me, the Holy Spirit bears witness of me, all the saints in heaven bear witness of me, and my Father that sent me bears witness of me."
If they ask who your father is, reply, "As an ambassador for Christ, ye neither know me nor my Father: if ye had known me, ye should have known my Father also" (John 8:19).
If they ask where in the scripture it says you're an ambassador, reply, "Is it not written in your law, 'Ignorance of the Law does not excuse misconduct in anyone, least of all a sworn officer of the law' (Maxim) and 'all men know God'?" (Maxim).
If they try to discuss the facts of the case, reply, "Do you say this thing of yourself, or did others tell it to you of me? (John 18:34 )."
Do not discuss the facts of the case, because it will be defensive and it will cause "joinder," and the court may presume jurisdiction. The court will seek the "Benefit of Discussion" in order to further "enhance" the jurisdiction of the court. In this situation, we must stay with the Sword of the Word, avoiding any defensive posture or addressing the facts of the case, thereby avoiding any joinder.
If the judge threatens you with contempt of court, reply, "I am not being contemptuous because I am speaking the Truth, and the Truth is not contemptuous. If you are claiming that the Truth is contemptuous, then you are claiming that God is contemptuous, for He is the author of all Truth.
Declare the Law
Remember, you are in court to declare the Law, and not to dispute or join with their jurisdiction. Raise a political question, because there's no jurisdiction there. An example of a political question would be to confess that you are a bondservant of Christ. Man's law only applies to “persons”, and under the law of slaves, slaves are not persons. The courts recognize this, and judges cannot decide on political questions. That political question is “Who do you belong to? Which Kingdom do you walk in? Do you walk in man's kingdom or God's Kingdom? You have to evidence that you are part of His Kingdom by the words that come out of your mouth. You can say you're a Christian all day long and you love Jesus, but if you partake of the things of the world then you belong to the world! And the world will take jurisdiction over you. Jesus told us we cannot serve two masters, and if you are serving two masters, that second master will have jurisdiction over you. If you challenge jurisdiction in a court because of your status, as soon as you argue status you give them jurisdiction, because you're arguing a "moral" question, and moral questions are their realm.
If judge keeps making presumptions, reply, "Your Honor, you have become a party to the action. Would you like to step down from the bench and join the prosecutor?"
If accused of being brought in court for breaking the law, respond, "I am here by visitation. To declare and testify to you the Gospel of Christ. This is why God brought me here, to bring the Gospel." You should only make positive declaratory statements. You don't ever hear Christ saying, "I believe..." and then go on with an opinion. Or saying, "The morality of this situation dictates this…" He never spoke like that. At every question that was put to him, he declared the Law, and wasted no words.
Acts 5:29, “Then Peter and the other apostles answered and said, We ought to obey God rather than men.”
They didn't say “we believe we ought to obey God,” or “we think that we ought to obey God…,” or “we have heard that we ought to obey God.” When you say, “I believe I ought to obey God,” that's not a positive declaratory statement. When you say, “I believe,” that's an opinion and the courts can now discuss that. But if you make a positive declaratory statement such as “We ought to obey God rather than men,” the issue is not open for discussion, the issue was already settled in God's Word. And there's nothing that I can do about it and there's nothing that you can do about it. It's out of our hands. When you say “I believe,” or “I feel,” then someone can attack your feelings or your thoughts, and twist you around like the serpent did to Eve in the Garden of Eden, and get you to walk away from the Truth.
All you should do is make declaratory statements, the same statements that God has already made and declared in His Word. And this is how you walk in His Way. Basically, you answer like Christ answered, “It is written…” You're basically saying, “I didn't write it, but these are the things that I have seen and heard from God.” You're going back to 1 Corinthians 2:15, “But he that is spiritual judgeth all things, yet he himself is judged of no man.” The spiritual man judges all things, and is judged by no man (the natural man). If you speak, in the spirit, the words that Christ spoke, and do the things, in spirit, that Christ did, you're judged of no man, because you have the mind of Christ. And you stand before God in Christ's Righteousness, not in front of a natural man who says, “you can't do that.”
Romans 15:3, “For even Christ pleased not himself;” if Christ didn't please himself, neither are we to please ourselves. We're to be as our Master. John 6:28-29, “Then said they unto him, What shall we do, that we might work the works of God? Jesus answered and said unto them, This is the work of God, that ye believe on him whom he hath sent.” Not to believe the government, but Christ Jesus.
Laws of man
If the accuser/judge says, "You're anti-government!", reply, "I deny I'm anti-government, but I am for government, as long as they punish evil and reward good. All governments are upon Christ's shoulder's. And if I were to disobey God's Law, then I would be anti-government."
If judge says, "All governments are ordained by God," reply, "They're ordained only when they do God's Will. But just because God ordains government for His purposes, it does not mean it is a godly government. God does use evil to bring people closer to Him, but God does not want us to obey evil governments."
If judge says, "The scripture says we are to obey governing authorities," reply, "Scripture also explains the government's duty before God. Can you show me in scripture where God authorizes the governing authorities to bring punishment upon someone for exercising God's Law? Christ Jesus and the apostles were imprisoned and executed for obeying God rather than man."
If they impute 1 Peter 2:13-16, they also impute Romans 13:1-10, it's the same subject matter.
"Is it not written in your law that the law does not compel a man to do the impossible (maxim), and, also, any law contrary to the law of God is no law at all (maxim)? I was exercising my duty of movement upon the common ways. My warrant for doing that is written in the Word of God, "Go ye into all the world and preach the gospel to every creature" (Mark 16:15), also, "To visit orphans and widows" (James 1:27). And it is also written, "I can do all things through Christ which strengtheneth me" (Philippians 4:13).
If court says, "You are here because you are charged with so and so," reply, "I am here because I have obeyed God rather than man (Acts 5:29). Your duty is to punish evil doers as God has defined evil. What evil have I done? Evil as defined by God, not man."
If asked how human laws are against God's Law, reply, "The scripture says, "Owe no man any thing, but to love one another: for he that loveth another hath fulfilled the law" (Romans 13:8). When a bondman of Christ has fulfilled the law of God, what other duty is there (Ecclesiastes 12:13)? I have done my duty as a Good and Lawful minister of Christ. Everything else is an interposition between myself and God. Man's laws are compelling performance, and as such is an interposition because it creates a new obligation to another outside of love, and outside of God, and becomes an addition to the Word of God. The full body of believers in Christ, exists apart from, and beyond the control of, and not subject to, any earthly government. Jesus did not use your codes, rules, and regulations for the things he did, and neither do I use your codes, rules, and regulations for the things that I do."
"It is also written in your law that an act does not make a man guilty unless the intention be guilty. Since my intention is to do God's Will, and God's Will is not evil, I could not possibly be guilty in this thing I am accused of."
Now, it is written in your law that an officer of the law is appointed, and you don’t become an officer of the law by having an employment contract with a dead corporation. It would make him, at most, an agent, not an officer. Officers are in law, not in contract. It is written in your law that corporations, such as the city of ____, the State of ____, have no souls…they are dead, and the dead cannot be sued, and the dead cannot receive an injury. Can you show me any law that says the living must be joined to the dead? God's Law says that we are not to be unequally yoked with unbelievers (2 Corinthians 6:14), and it is also written in your law that “unequal things ought not to be joined” (maxim). Therefore, it is God's Will that I not be joined to the dead, for scripture says, "God is not the God of the dead, but of the living (Matthew 22:32) ."
Court, "I am not sure that I understand what you just said. How does that apply to us? Reply, "Unequal things should not be joined, so..."
The judge might continue to test you as to the implications of it, and to see if you have a full understanding of those implications. Court, "What are you talking about that is unequal? Reply, "It goes back to, there is no law that says the living should be joined to the dead. So I should not be joined to the dead." Court, "You mean by being..." Reply, "The authority of my Father in Heaven." This ends the question once and for all by unequivocally stating from whence all Authority is derived. There is none higher."
Court, "So then the legal issue would be whether or not the People would be able to proceed against you..." Reply, "Lawfully." Do not allow the judge to reduce everything to "legality," but remind them that the points that have been raised must be answered according to Law, not legalese.
Minister of Christ
"Does mere man have authority, at Law, to interpose himself, or his purported law, between God’s justification of my act, and bringing punishment on me for exercising God’s Law? Could it be evil to execute the Law of God? I could not possibly have been willful in this thing that I am accused of, for I do only the will of God, and there is no evil or malice in His will."
"It is written in your law that licenses are permission to do what would otherwise be unlawful. Is it unlawful to execute the Law of God? I am His bondservant and must do His law. It is written in your law that any law contrary to the law of God is no law at all. I do His Will. I am a minister."
"As a minister, I am subject to the instructions of Him who sent me, and have no discretion in the matter of whether I will obey them or not. I am directed to act or not to act by Him. Thus, the acts of a minister are not 'willful', but are carried out under orders of his superior, in whom there is no sin. "Thy kingdom come, Thy will be done, in earth, as it is in heaven" (Matthew 6:10, Luke 11:2).
Obedience (Bouviers Law Dictionary, 1856): The performance of a command. 2. Officers who obey the command of their superiors, having jurisdiction of the subject-matter, are not responsible for their acts. A sheriff may therefore justify a trespass under an execution, when the court has jurisdiction, although irregularly issued. 3 Chit. Pr. 75; Ham. N. P. 48.
Likewise, if an officer of Christ obeys a command from his superior, that officer is not responsible for his acts, for he is simply obeying the commands of his superior, who is Christ Jesus.
Here is Martin Luther's testimony before the court, "Unless I am refuted and convicted by testimonies of the Scriptures or by clear arguments... I am conquered by the Holy Scriptures quoted by me, and my conscience is bound in the word of God: I can not and will not recant any thing, since it is unsafe and dangerous to do any thing against the conscience. Here I stand. God help me! Amen." Martin Luther, quoted by Philip Schaff, History of the Christian Church (Charles Scribner's Sons, 1910), Volume VII, pp. 304-305.
Acts 13:39, "And by him all that believe are justified from all things..."
"It is written in your law, 'Whoever does anything by the command of a judge is not reckoned to have done it with an evil intent, because it is necessary to obey' (Maxim). I am obeying the commands of a Judge, and I am being persecuted by this court for obeying the commands of a Judge. God is our Judge (Psalms 50:6; 75:7). The Lord is our Judge (Isaiah 33:22)."
Court, "We are interested in justice." Reply, "If this court is truly interested in justice, this case should be dismissed."
If they say, "God's kingdom is not of this world," reply, "The phrase, ‘not of this world’ means Power is not derived from the world or its institutions, but relies upon the Word of God and the Holy Spirit for its existence, and not upon the laws of men."
Because our lawgiver, Jesus Christ, has no sin, error or corruption, he alone justifies all who exercise His law and call upon Him in Truth to avoid the consequences of earthly men. But He will not justify you if you have broken God’s Law. It is the lawgiver of the law you confess who gives you the justification of doing what you’re charged with doing.
Romans 8:33, "Who shall bring an accusation against the elect of God? It is God who justifies."
Burden of Proof
If someone accuses you of something, the burden of proof is upon the accuser, not you, to prove the accusation. It is not upon the accused to prove his innocents. Here are some Maxims of Law:
"It is in the nature of things, that he who denies a fact is not bound to prove it."
"The burden of proof lies upon him who affirms, not on him who denies."
"The claimant is always bound to prove: the burden of proof lies on him."
"Upon the one alleging, not upon him denying, rests the duty of proving."
"Upon the plaintiff rests the proving – the burden of proof."
"The necessity of proving lies with him who makes the charge."
For example, the State of Georgia requires one license plate on the back of a car, while the State of New York requires two licence plates, one on the front and one on the back of a car. If a resident of Georgia drove his car to New York, can he get a ticket for not having two licence plates? Not unless it can be shown that he is a resident of New York! Because those licence plates laws only pertain to residents of New York. The burden of proof is upon New York to prove he is a resident of New York. The burden of proof is not upon the accused to prove he is a resident of Georgia. The accused should ask, “Where's your evidence? Where's your witnesses?, etc.”
If someone came up to you, and accused you of murdering a woman in the park last night, who is the burden of proof on? Is the burden upon you to prove you did not murder her? To prove where you were last night? To spend all your money on providing witnesses, evidence, to prove your innocence? To spend all your money on lawyer fees, court fees, and other expenses to prove your innocence? Or is the burden of proof upon the accuser?
If you asked the accuser, “Where is the body of this woman I supposedly murdered?,” and he says, “Oh, we have no body.” And you ask, “Where are your witnesses that supposedly saw me commit this murder, and he says, “Oh, there are no witnesses.” If you asked the accuser, “Where is your evidence of me committing a crime?,” and he says, “Oh, we have none.” The case would be dismissed. You do not have to prove you did not commit this crime. You do not have to prove where you were last night. You do not have to furnish any kind of evidence, one way or another, to an accuser.
Likewise, if a New York policeman issues you a ticket for driving without two license plates, the burden of proof is upon the State to prove you are a New York resident, they are the ones who must produce evidence or witnesses. The burden of proof is not upon you to prove you are not a resident of New York. The burden of proof is not upon you to prove you are a resident of Georgia. The burden of proof rests entirely upon the accuser.
Likewise, when the State asks for your birthdate or birthplace, and you answer truthfully with, “I do not know,” (since this is based upon hearsay information, and hearsay is not the truth), the burden of proof is upon them. If I am accused of committing a crime, what does it matter when or where I was born? If my guilt or innocence depends upon my place or time of birth, then the burden of proof is upon them to prove this fact. It is not my duty to provide the accuser with evidence to use against me.
"Testimony by a witness in court in response to a question as to his own status, for example age, legitimacy, nationality, is closely related to the subject of pedigree declaration (pedigree has to do with animals, so they're looking for the human being). A person cannot know these facts except from hearsay information, for he cannot even be informed of these facts until an appreciative time after his birth." People v. Rath, 115 Ca.132.
If you have already served an abatement to the prosecuting attorney, court, and police officer, the judge might solicit you to "cop a plea," and thereby walk away from the abatement process. The court may try to say something like, "After taking a look at the motion that you filed today, it is clear to the court that you intend to plead not guilty to the charges. Is that correct?" Reply, "A motion was not filed with this court, but an abatement and default was served, and all defendants concerning this matter have been abated. The alleged offense is "not chargeable" due to the fact that they had not answered to the Truth in the abatement, thereby disqualifying them from even bringing charges. This case should be dismissed."
"Two men served the abatement on the prosecuting attorney, the presiding judge, and the police officer, and ten days later they came back for an answer or request for extension of time, and there was no answer or extension of time asked for, and these two men promptly served a default. A default notice and default judgment was then posted in several places in this city of the default judgment."
Court, "You did that?" Reply, "No, I didn't do that."
Court, "Who posted the default judgment?" Reply, "The Christ's assembly did (the church did)."
Court, "And that was because of a failure to respond to your motion? Reply, "The abatement is abating an unlawful persona designata or misnomer or nom de guerre, and until the defects are corrected in the paper work, the case cannot proceed. So it went into default, and there was a default judgment."
Court, "Okay. And how is it, from a legal perspective, that you believe that that would cause the Court to have the authority to actually dismiss the charges?" Here, the judge is testing the spirits. The test is; will you allow the judge to reduce the Truth within the abatement to mere "legalism" and mere "belief," or will you stand on The Rock. Reply, "Well, I am not who they say I am, and so everything was abated."
Court, "When you say "abated," could you please define what you mean in terms of your motion to dismiss on that ground?" Reply, "Well, abatement is a process where you basically say that what paperwork they have is not correct, and until those corrections are made, they cannot continue forward in prosecution."
Court, "And that is your argument regarding your abatement issue?" Here, the judge attempts to reduce the Truth of the Word within the abatement to an "argument." We must remember that when the Truth is brought to someone, it is not an "argument" or an "apology," it is the Truth. Reply, "It is not my argument. It was served on the defendants, and they defaulted." This is an excellent response. Again, remind them that they are the "defendants" who did not answer to the Truth.
Court, "It was served on the Plaintiff? You are the defendant. It was served on the plaintiff?" The judge may attempt to reverse the roles. So clarify with this. Reply, "Well, in the abatement they are the defendants." This reminds them that the abatement question is still pending, and until it is answered, they remain defendants.
The judge may continue to test the spirits by attempting to reduce the abatement process to a criminal procedure defense "motion," which it is not. Court, "Okay. First of all, a failure to respond in writing, in criminal law, to a Defense motion does not result in a default or a dismissal of the case. There is a civil procedure, and a criminal procedure. And you are charged in a criminal complaint wherein the issues are guided by criminal procedure, and criminal procedure does not require a written response from the People, or either party, for that matter. If a motion is filed, it is not automatically dismissed or granted if the other side fails to respond in writing." Reply, "It wasn't a motion. It was an abatement that was served." Do not allow the judge to diminish or reduce the standing of the abatement. Continue to remind them that they have not answered to the substance of the issue - "unlike kind ought not to be joined."
The court may try to lure you in by suggesting that you might want to file a motion. Remind them that you cannot file motions.
If the Court asks, "Is there anything at all in this point and time that you feel you do not have that you would need from the Prosecution by way of discovery for alleged evidence."? Or something similar. Reply, "No. The Lord is my witness." Do not accept any of the poisoned fruit that is offered to you.
If the judge keeps interrupting you, and will not allow you to finish your statements, and will not let you speak, then wait until the next time he asks you a question. When he asks you a question, reply with, "For the record." The judge will give you permission to speak for the record. Then you may proceed to say what the Holy Spirit moves you to say without interruption, because the judge cannot hinder a record being made. You may speak as long as you want now.
Never, when quoting scripture in court, say chapter and verse numbers, such as "Mark 5:23", for these have no standing in law, and were additions to the Scripture. These were created by man and not God. Instead, quote the verse itself, word for word. This is what Jesus did. Answer in accordance with God's law. Speak slow, don't be quick to answer. Reflect the character of Christ. And remember, Rest in the Lord. Rest in the Lord. Rest in the Lord.
If they give you a form to sign, and it does not give them jurisdiction, it is OK to sign it. They might ask you to sign something which says you will not sue them if they release you. However, you may need to correct a few things. For example, cross out the word, "DEFENDANT" and write in "Accused." Or cross out the word "INMATE" and write in "prisoner."
Do not defend yourself in court! Just declare the Truth; that's what we're here for. Let the Lord defend you, let Him be your shield.
"Does it seem evil to you that that I worship the Creator of all things, and live according to His surpassing Law? But this is worthy of honours, not punishment, had you possessed the hope of salvation from God. Are you not ashamed, having received prosperity from God, to slay His servants and the doers of godliness?"
It is up to the accusers to "prove" their statements, and not upon the accused to prove his innocence. However, it is best to not ask the court to prove their accusations against you, because this will be discussing the facts of the case, which may cause "joinder," in which they will have acquired jurisdiction over you. The facts of the case are irrelevant, if they have no jurisdiction over you.
All responses to anything said should be directed to the prosecuting attorney, not the judge.
You should try to bring at least one recognizor with you to court; somebody to witness what takes place in court.
If you have not already served an abatement, it is very important that you not "plea" in court. If you do, you will be giving them jurisdiction, and your abatement for the misnomer might become meaningless;
"The plea [guilty, not-guilty, etc.] waives objection to the complaint for misnomer or for neglect to add a place of residents." State v. Drury, 13 R.I. 510 (1882); 41 N.H. 407; 1 Bish. Cr. Proc. Section 791.
There are many ways you can respond to a request for a plea, depending upon the circumstances in court. Here are a few different possible replies.
If the judge asks you, "How do you plead?" reply, "Not chargeable," due to the fact that you are a slave under a different master. This will make it harder for the judge to enter a plea for you. In addition, you may say, "I must be returned to the Asylum state." (In law, asylum means "Immunity from law; as, the status of a public minister.")
If the judge persists in you pleading, and threatens that he will enter a plea for you if you don't, reply, "It is written in your law, 'The Law of God and the law of the land are all one, and both favor and preserve the common good of the land' (Maxim). Therefore, if you move against God's Law then you are not favoring the common good of the land. You are going against God and the Law of the Land. How do you plead?"
If court says, "I will go ahead and enter a not-guilty plea for you," reply "Then why am I in chains? You already told me that I'm not guilty!" Court may say, "No, that's your plea," which you may reply, "No, I did not plea, you're the one who's pleading that I'm not guilty. What need is there of a trial when the court had just told me I'm not guilty?" If they proceed to enter the plea, the court may say, "The issue here is whether or not I am going to release you on your own recognizance." Reply, "For the record, the issue here is not about me, but about whether this is a Lawful court."
Court, "You have the right to have an attorney in this matter, and if you cannot afford an attorney, I will appoint an attorney for you free of charge. You have the right to a jury trial or a court trial, the right to confront and cross-examine witnesses, the right to present a defense in your own behalf and the right to remain silent. Those are your Constitutional rights, according to the United States Constitution. Do you understand those rights?" Reply, "I do not recognize the United States Constitution, nor do I claim any Constitutional rights. There is only one "right" that is mentioned in scripture, and that is the right to the tree of life" (Revelation 22:14).
The judge might ask, "Are you going to represent yourself, hire an attorney, or do you want the court to appoint an attorney to represent you in this matter?" Reply, "I cannot accept any benefits offered by the court. And as a bondman of Christ Jesus, I cannot represent "myself," for that denotes self-will. I don't have any self-will. Jesus the Christ is my Advocate and Wonderful Counselor" (1 John 2:1, Isaiah 9:6).
Another possible reply, if the judge is going to enter a plea for you anyway, is to say, "No contest (or nolo contendere)." This plea neither denies nor confirms the charges, however, it is an "implied" admission of guilt, and you may be sentenced the same as if you entered a guilty plea. The only difference is that a no contest charge cannot be used against you in a future action. After this plea, the judge might say something like, "In order to represent yourself and plead no-contest, you must waive your Constitutional rights. Do you waive your rights? Reply, "I never had, and do not now claim, any Constitutional rights, but whatever rights the court 'presumes' I have, the court may also 'presume' that they are waived."
The court may offer to release you on certain conditions. For example, the Court may say, "OK, you can go home today if you will pay a $400 fine and agree to six months probation." Reply, "Firstly, I don’t have any money, therefore I can’t pay a fine. I'm an unprofitable servant (Luke 17:10). Secondly, I cannot agree to probation because I cannot enter into any agreements with you." He will most likely sentence you to a lengthy jail term. However, you will most likely be released within a short amount of time, because without a name, address, birth date, birth place, social security number, signature, etc., the COUNTY is not able to bill the STATE for the cost of keeping you in their facilities!
Or the court may want to set a trial date and ask you, "Do you want me to set the matter for a jury trial or a court trial?" It is best to request a trial by judge, not a jury trial, since juries cannot consider matters of Law, they can only consider the facts; (juries don't know the Law) whereas the judge is the only one who can judge in matters of Law. But, on the other hand, if all the judges are out for blood, it might be best, in that situation, to request a jury trial. But either way, you will have the opportunity to let your light shine before them and thereby honor the Father and glorify our lord and Master. That is your purpose in this situation.
Paying a Fine
If you are sentenced to any kind of fine, such as the judge saying, "I sentence you to pay four hundred dollars," ask him to define a dollar, and to also show, from his law, where what he is asking for will extinguish debt. A possible reply to the judge could be, "Because of my Faith, I do not know what dollars are. Please define what a dollar is, and I'll pay it if I have it." The judge will most likely immediately dismiss your case. Because they will not, and they can not, define what a dollar is, without exposing the fact that there are no dollars in existence today. If they're asking you to give them something, they must define what it is they want from you, otherwise how can you give them anything? If the court says they'll accept federal reserve notes, reply, "Oh! Are you saying federal reserve notes are dollars? You just asked me to pay you in dollars." The judge will adamantly deny that federal reserve notes are dollars, and will most likely dismiss your case so as to not expose the truth that federal reserve notes are an instrument of debt, and is only a promise to pay a debt, but does not pay the debt itself.
If the judge does not dismiss the case, but is trying to sidetrack the question, you may say, "I've never heard of a bank that could not define what a dollar is." In man's law, a "bank" is defined as a court. In A Dictionary of Law, William C. Anderson, page 104, it says "Bank: A judge's seat; also, a court sitting for the decision of matters of law." And in Blacks Law Dictionary, 6th edition, page 144, it says, "Bank: A bench or seat; the bench of justice; the bench or tribunal occupied by judges; the seat of judgment; a court. The full bench, or full court; the assembly of all the judges of a court."
If the prosecuting attorney and judge imprison you, say, "The record shows that you have trespassed against my Lord and Savior, Christ Jesus. This whole process has evidenced contempt for God's Law. You have admitted to being a lawless character."
If the prosecuting attorney and judge allow you to go free, say, "I want to thank you both very much, and may God richly bless you both for your compassion and your respect to the Law."
If the judge asks if there is anything else, you may reply "Off the record." And speak directly to the judge. Tell her that you have been praying for her, and praying that her judgment would be a righteous judgment as God would have led him to make. Tell the judge that you know that his job is not easy, and that you prayed that God would bless him with the strength and wisdom to do it well, and that God continue to bless him. The judge will most likely be under political pressure from the government, and from the court that he works in.
Followers of Christ are not afraid to be thrown into prison, because we are free in Christ, no matter where we are. And they are the ones who are in prison no matter where they are, because they are the slaves of sin (Romans 6:16-23).
Psalm 119:126, "It is time for thee, LORD, to work: for they have made void thy law."
Ephesians 6:11-20, "Put on the whole armour of God, that ye may be able to stand against the wiles of the devil. For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places. Wherefore take unto you the whole armour of God, that ye may be able to withstand in the evil day, and having done all, to stand. Stand therefore, having your loins girt about with truth, and having on the breastplate of righteousness; And your feet shod with the preparation of the gospel of peace; Above all, taking the shield of faith, wherewith ye shall be able to quench all the fiery darts of the wicked. And take the helmet of salvation, and the sword of the Spirit, which is the word of God: Praying always with all prayer and supplication in the Spirit, and watching thereunto with all perseverance and supplication for all saints; And for me, that utterance may be given unto me, that I may open my mouth boldly, to make known the mystery of the gospel, For which I am an ambassador in bonds: that therein I may speak boldly, as I ought to speak."
Remember, God is True to His Word, and is always with His children in times of trouble.
Return to Christ's Lawful Assembly
|Home||Greetings||Who We Are||Helpful Info||Rest Room||Search||Contact Us|