W E D N E S D A Y, O C T O B E R 3 , 2 0 0 7

Church Incorporation - The Great Apostasy!

There has been a great transformation of the external church (the one seen
physically) since about the late 1800's. Money and power became the great desire
to which the organizational church fell into it's witchcraft like spell and churches
for the first time in history, gave up having Christ as their head for a union of the
State and Church.
Early Christians as you will read were sincerely persecuted for resisting Rome's law,
which asked of them to incorporate, which they resisted to the loss of life. Caesar
would never be their king, they had King Jesus. Let's look at this apostasy for
which it is, and since the church has fallen into worse degradation and apostasy
from Christ as their head in these modern times since the 20th century began.
The Ekklesia, is not an organization or a building, it is made up of the true temple
of God, which is ALL His people. The word "church" is not in the New Testament it
is a word derived from an old English word (Kirke) that replaced the word Ekklesia.
It is especially never intended to be thought of as we do in our minds, as a place to
which we go.
God's Ekklesia is made up of all his true believers and not necessarily found in the
buildings built by the hands of men. Jesus Christ is their High Priest, not a Pope,
Priest or Pastor, and they as a whole and individually are the dwelling place of
God, by the indwelling resurrected Jesus Christ through the Holy Spirit, they are
His priesthood.
Let's look how incorporation has furthered the apostasy of the seen "church", thus
effecting those that are the real Ekklesia. The Ekklesia, those that choose God as
their protector, and Jesus as their King, and the rule of the Father in their hearts
as the Kingdom of God.
Let's examine something that man once again has instituted into what is suppose
to represent the Ekklesia, that is purely paganistic and has no scriptural
foundations. Let's look at the legalise of what and who a corporation is, in the
terms of law. Let's look at the consequences theologically and legally for the
church for choosing the traditions of men over the commandments of God. Let's
look at how incorporation is not scriptural for any body of Christ meeting in
assembly with one another, therefore it is anti-biblical, therefore anti-Christ and
how it violates everything our forefathers intended in writing into the Constitution
the separation of church and State. Let's look at recorded history of the Early
Church and the Great Persecution, Colonial times, and the history of the physically
seen organized church once more for truth.

Let's look at some legal descriptions first. The truth and just what it does mean
since your church or other church may have incorporated or is about to.

A corporation is defined as:

Corporation. An artificial person or legal entity created by or under the authority
of the laws of a state. An association of persons created by statute as a legal
entity.
The legal attributes of the corporation, and the alleged “benefits” that attorneys
most commonly discuss with churches to convince them of their need to
incorporate are:
1. A corporation has limited liability protection.
2. A corporation may exist in perpetuity.
3. A corporation may hold title to real property.
One additional legal attribute of any corporation is something that attorneys
generally don't like to discuss with their church clients:
A corporation may sue and be sued.
In point of fact, there is a great deal that your attorney is not likely to disclose, in
the way of the various legal attributes of the corporation, that you might not find
so attractive. In the landmark case of Hale vs. Henkel, the U.S. Supreme Court
stated the following regarding corporations:
Upon the other hand, the corporation is a creature of the State. It is presumed to
be incorporated for the benefit of the public. It receives certain special privileges
and franchises, and holds them subject to the laws of the State and the limitations
of its charter. Law limits its powers. It can make no contract not authorized by its
charter. Its rights to act as a corporation are only preserved to it so long as it
obeys the laws of its creation.
Hale v. Henkel, 201 U.S. 43 at 74 (1906)
From this case we learn that:
· A corporation is “a creature of the State.”
· The State is "sovereign" over the corporation.
· The corporation is “incorporated for the benefit of the public.”
· A corporation is a State “franchise.”
· Incorporation is a State “privilege.”
· A corporation is “subject to the laws of the State.”
· “Its powers are limited by law.”
· It must “obey the laws of its creation.”
· A corporation has no constitutionally-protected rights.
These are not new or novel legal principles that the Supreme Court just discovered
in 1906. Rather, these are legal principles that date back many centuries. The
corporation is a product of ancient Rome. The corporation, as the legal entity we
are familiar with today, dates back to at least 250 B.C.
By 6 A.D. and the codification of Corpus Juris Civilis (the first great codification of
Roman civil law) all "spontaneous collectivities of persons" were required to
incorporate. The early church was persecuted over their refusal to incorporate.
Had they incorporated they could have avoided much of the persecution they
otherwise suffered at the hands of the Romans.
Rome persecuted the Christians not for who they worshipped. Rome had
hundreds of deities, and they could care less who or what you worshipped, as
long as you were "licit" (licensed). The church was persecuted not because they
worshipped Jesus Christ, but because of the manner in which they functioned
-- an Ekklesia. The church was declared to be "illicit," and held in a state of "civil
disobedience," because of their refusal to incorporate. Why did the church refuse
incorporation? Largely because they knew that it would destroy their testimony
that Jesus Christ is "Lord" and "Sovereign."
Under Roman civil law, "Caesar is sovereign over the corporation," and "the
corporation is a creature of the State." The early church willingly suffered for its
refusal to accept "State privileges and benefits."

Because that for his name’s sake they went forth, taking nothing of the Gentiles.
(3 John 7)

Corporations have been known and widely used for many centuries in virtually
every corner of the earth. However, the corporation was not at all widely known in
America during the colonial era, and for many decades after our independency.
Indeed, the corporation was an entity viewed with great suspicion, if not
trepidation. For many years it was extremely difficult and expensive to
incorporate and, therefore, it was rather difficult to identify corporations of any
kind, especially incorporated churches.
Today, all that is necessary to incorporate is that you fill out the necessary forms
and file them with your Secretary Of State's office; but that wasn't always the
case. It used to be that if you wanted to incorporate you would have to petition
your state legislature for a corporate charter, and they weren't in the habit of
handing those out to just anyone who wanted one. In order to be issued a
corporate charter, you had to prove to a majority of your state legislators that you
simply couldn't operate any other way. As a result, the vast majority of businesses
operated as sole proprietorships and general partnerships.
Those who have ever had to petition their state legislature for anything know that
it is a time-consuming process, and often leads to frustration, if not failure. For
any church to request a corporate charter would surely be met by failure (at least
after ratification of the Constitution and the First Amendment), since the states
viewed the incorporation of any church as a government "establishment of
religion." Some state legislatures, such as Virginia and West Virginia, went so far
as to amend their state constitutions to "forever prohibit the incorporation of any
church."
In 1811 Congress ratified a bill, to incorporate the Protestant Episcopal Church in
Alexandria, Virginia. When the bill was presented for President James Madison’s
signature, he promptly vetoed it. He furnished a list of his objections, in a veto
message, which in part included:

"Because the bill exceeds the rightful authority to which governments are limited
by the essential distinction between civil and religious functions, and violates in
particular the article of the Constitution of the United States which declares that
‘Congress shall make no law respecting a religious establishment.’ The bill enacts
into and establishes by law sundry rules and proceedings relative purely to the
organization and polity of the church incorporated… This particular church,
therefore, would so far be a religious establishment by law, a legal force and
sanction being given to certain articles in its constitution and administration."

James Madison had no difficulty with grasping the fact that the bill was wholly
unconstitutional, although the majority in Congress evidently did have a problem
with understanding that the Bill was unconstitutional. With the Episcopal Church
having already declared its intentions, the Virginia state legislature prevented any
church from ever incorporating by amending their Constitution to preclude their
doing so. To this very day, it is unlawful to incorporate a church in Virginia.
In Caesar's Grip, page 66, by Peter Kershaw

Of Madison's historic veto, constitutional law professor John Eidsmoe states in his
book, Christianity and the Constitution:
His reason was that incorporation was a form of licensing by which government
gave churches permission to operate. Therefore, incorporation was superfluous;
government has no jurisdictional authority to tell churches they can or cannot
operate.
Madison's veto set an historic precedent that was seldom departed from, at least
up until the turn of the twentieth-century. In 1898, New Jersey became the first
state to "liberalize" their incorporation laws. The New Jersey state legislature
delegated its powers to incorporate to the New Jersey Secretary Of State. Rather
than issuing corporate charters, the Secretary Of State issued "articles of
incorporation." All the former impediments to obtaining corporate status were
done away with.
In order to "compete" with New Jersey, other states quickly followed suit and
liberalized their incorporation laws, as well. Soon the mainline church
denominations, no longer hindered by state legislators, incorporated. Andrew
Carnegie, a wealthy industrialist who sat on the board of directors for the
largest Presbyterian denomination (PCUSA), was first to encourage his
denomination to incorporate. Carnegie did so not because of all the reasons we
hear today. Not once did he ever even mention limited liability protection.
Rather, Carnegie spoke highly of the corporation, based upon its alleged
"efficiencies."

Other industrialist tycoons, such as Cleveland Dodge and John Wanamaker, who sat
on the boards of other mainline denominations, also encouraged their
denominations to incorporate, based upon their theories of "improved efficiency."
This was the industrial age and industrialists had rapidly become "corporate men."
In their worldview, the church too must become "modernized," and incorporation
was a necessary element of modernization.
Eventually, many local churches, encouraged by the example of their
denominations, also incorporated. By the mid-twentieth century, incorporation of
the church had become the status quo.
Madison's veto of 1811, and his reasons for that veto have, by and large, been
abandoned, if not completely forgotten.
Of even greater concern is the fact that today's church has, with few exceptions,
abandoned the beliefs of the early church fathers that refused to incorporate, and
suffered Rome's persecution, as a direct result. Incorporation was mandatory for
all "spontaneous collectivities of persons" throughout Rome. Yet they refused
Caesar's "privilege."
In America, incorporation is completely voluntary. Furthermore, as we've already
mentioned, it used to be almost impossible to incorporate a church, based upon
the fact that no church can be free and independent of that government that
incorporates it.
Yet churches today incorporate routinely, a decision that they make with about as
much care and consideration as what brand of tissue paper to use in their
lavatories this in spite of the fact that there are huge legal and theological
ramifications to any church seeking incorporation.
.
Limited Liability Protection?
Limited liability protection is generally first among the legal “benefits” used by
attorneys to convince a church to incorporate. However, limited liability
protection is, for a number of reasons, largely a phantasm promulgated by (you
guessed it) the legal profession, and fails to take into account significant trends in
tort law in recent years.
The American Bar Association has hosted “Tort & Religion” conferences since at
least 1989 in which they instruct attorneys in the finer points of how to target
incorporated “religious organizations” and “pierce the corporate veil.”
Incorporation does little if anything in the way of actually protecting the church.
The legal reality is that a church cannot be sued and brought into court until it
incorporates. A church “is not an entity recognized in law.” If the court cannot
legally recognize it, it cannot be sued. A church is not subject to the jurisdiction of
any court. However, should a church incorporate it most certainly may be sued.
Incorporation becomes the nexus of government jurisdiction to the incorporated
church. One of the legal attributes that seldom if ever are discussed by the
attorney is:
· A corporation may sue and be sued.
How they can sell that, as a “benefit” is hard to comprehend.
The Fox Guarding the Henhouse
One thing attorneys will never discuss is just who offers the “protection” to the
corporation. The answer is the State. Is this wise or prudent? Even decades ago
when the State was openly cordial to the church it would be hard to argue from
Scripture that the church should seek its “protection” from the State. But in post-
Christian America when the State has grown openly antagonistic toward biblical
Christianity, is it smart to seek State “protection”? That would be like asking the
fox to guard the henhouse (or in biblical vernacular, the wolf protecting the
sheep)!
There are numerous problems associated with a church organizing as a
corporation. Attorneys will enthusiastically market the alleged “benefits,” but
nary a word is mentioned about all the pitfalls of incorporation. Not only are there
legal pitfalls, but there are significant theological ones, as well.
A Creature Of the State
Two of the most serious of all problems for the church that incorporates is the
legal fact that:
· The corporation is a “creature of the State.”
· The State is “sovereign over the corporation.”
These legal maxims originated in ancient pagan Rome, and they survive as
governing legal dictum to this day.
The Romans perfected the corporation that we know today, with all of its legal
attributes, at least 250 years prior to the birth of Christ Jesus. Those who have
studied Roman culture will appreciate how every element of society, including its
legal system, was imbued by their pagan worldview.
There were no personal liberties in the Roman Empire, only State-sanctioned
privileges and benefits. The State was sovereign (the supreme authority) in all
matters and nothing could be done absent the State’s license. Incorporation
became mandatory by 6 A.D. for all “spontaneous collectivities of persons.”

The church was not persecuted by Rome because of whom they worshipped (there
were hundreds of deities that Rome permitted to be worshipped). Persecution
began because of the manner in which they worshipped. The church was held to be
“illicit” because they refused to seek the permission of the State through
incorporation.
Why would the early Christians suffer the wrath of Rome rather than incorporate?
The answer is both legal and, necessarily, theological. For the church to
incorporate would have been a public proclamation that Caesar was sovereign
(the supreme authority) over Jesus Christ, the object of the church’s worship.
Those Christians would have considered such a thing blasphemy!
Secondly, they well knew that the church is the body of Christ -- Corpus Christi --
not the corpus of the State (the word “corporation” comes from the Latin “corpus”
or “body”).
The early church had far more regard for the consistency of their testimony
than many churches do today. We should try to learn something from their
example. It is because of that testimony that they at no time sought the privileges
and benefits of the Roman State:
Because that for his name’s sake they went forth, taking nothing of the Gentiles.
(3 John 7)
The early church existed to testify to the world the authority and Lordship of
its Head and Founder, the Lord Jesus Christ -- an imperial gospel. The local
church, though persecuted, was free and unconstrained to impact the culture
of the Roman Empire, not become subordinate to its pagan rulers.
Incorporated churches in America today, however, are constrained by the dictates
of the State by virtue of the myriad of laws, which apply to non-profit
corporations.

This little light of mine, I'm going to let it shine

Let’s now follow one of the more typical scenarios in how the pastor (and often
the elders, and deacons) are convinced to incorporate the local church. Sunday
morning the pastor gives a stirring sermon on the passage from John 3:3, “Jesus
answered and said unto him, Verily, verily, I say unto thee, Except a man be born
again, he cannot see the kingdom of God.” He closes with an altar call and
proclaims, “Friends, Jesus is not only the Savior merely of men’s souls, He is the
Savior, the Lord, the Sovereign of every area of our lives, Jesus wants to not only
save your soul from eternal damnation, His will is to govern every area of your life.
Jesus is the Provider. Jesus is the great Protector.” And many a soul is saved
that day. They are convinced the Pastor really believes what he says.

With Monday morning into the church comes an attorney who informs the Pastor,
“Reverend, in combing through the Secretary Of State’s records, I noticed that
your church is not incorporated. Don’t you know that most churches are
incorporated? Pastor, you’re flirting with danger. Didn’t you hear about the church
just down the road here that got sued because some grandmother walked in and
fell over a rumple in the carpet and broke her hip? She got a judgment not only
against the church, but because the church wasn’t incorporated she was able to
attach the personal assets of the pastor, elders, deacons, and any of the members
of the church with deep pockets.”
What the attorney just presented to the Pastor is a lie (just ask that attorney to
give you a citation for the case of granny and her broken hip, and you’ll never see
him again), but lies rooted in fear often sell, and the attorney well knows this.
He’s not concerned for the truth, just for roping in another paying client. The law
profession is far more competitive than most people realize. There are over one
million attorneys in America (that’s more than the entire attorney population of
the rest of the world combined). There are too many attorneys chasing too little
legitimate legal work, so many of them have to create work for themselves -- to
create a perception of a need where no legitimate need exists.

Just what kind of a testimony is it to the world when the church incorporates, and
particularly when we do so out of a spirit of fear? Sadly, the issue of our testimony
is seldom ever considered when making that monumental decision. But it is one
that many others will ponder when they are presented with the gospel
message.
“Let’s see, the Pastor just said that Jesus not only saves my soul, but He will be
my Savior in every area of my life. He’s my Provider. He’s my Protector. If he’s such
a great Protector, why then did this church think they needed to go to the State
and get its limited liability protection by incorporating? Obviously the church must
not think very much of Jesus’ ability to protect them.”

“Because that for His name’s sake they went forth, taking nothing of the
Gentiles.” (III John 7)

A great many of the church's problems today are a direct result of the church
"taking" and actively pursuing a legal status that makes it inferior to, and a
subordinate of, the civil government. The two most significant ways this occurs is
by incorporation (state jurisdiction) and the tax-exempt 501c3 status (federal
jurisdiction).
Scripture simply does not support the notion that the church is an inferior
institution to the State. Nor, for that matter, is the church a superior institution to
the State. God has ordained both the church and the civil government as His
"ministers." The church is the minister of grace, while the State is the minister of
justice. Church and State are two distinct and independent spheres of authority
(jurisdictions) ordained by God.
However, no church can remain separate and distinct from the civil government
when it incorporates and/or accepts 501c3 status. For legal purposes an
incorporated 501c3 church has subordinated itself, by contract, to the civil
government. For theological purposes, that church has made a covenant with the
State, a covenant which Scripture in no way supports.
What is the solution to the church's current messy state of affairs? It must cease
operating as an underling of the State. The solution is for the church to legally
operate as it once had in America (and we might add, quite successfully so).
Rather than operating as "tax-exempt nonprofit religious corporations," churches
once functioned as "free-churches." Just what exactly is a free-church? A free
church operates independent of, and is in no way subordinate to, the civil
government.
It is the right of any church to operate free of the corrupting and compromising
influence and control of the State; and it is a right guaranteed by the Constitution:

Congress shall make no law respecting an establishment of religion, or prohibiting

the free exercise thereof…
A free-church is not some radical-fringe concept. Rather, the Free Church was one
of the most influential, and certainly one of the most common, institutions in early
American history. The worldview of those men who fought for America's
independence embraced an uncompromising belief that the church was not an
underling, a vassal, or in any way subordinate to any king, parliament, or any
other civil government body.
The church is the religious institution ordained and established by Jesus Christ
Himself, and Christ has never delegated His authority to the civil jurisdiction to
rule in the affairs of His church.
A free church is the opposite of a State-Church. The Church of England is a State-
Church system. State-Churches are well known throughout Europe, and there have
been State-Churches there for many centuries. Europeans not only have a very low
regard for their State-Churches and government-licensed clergy, they often hold
them in open contempt, and this is reflected statistically by what is the lowest
church attendance in the world.
Rather than being quick to criticize the Europeans for not attending church, we
should ponder whether their contempt for the State-Church system isn't well
deserved. If you're ever inclined to have a church experience that is cold, empty,
meaningless and downright depressing, just attend the average European church
service (it's little wonder there are so many agnostics and atheists there).
A State-Church is a church which is organized by the State, and/or is controlled
and regulated by the State, or which exists at the pleasure of the State. Christians
in Europe have, for a number of generations, grown up surrounded by nothing but
State-Churches. As such, they are generally not offended by the notion that the
State controls their church (they just don't bother to show up unless it's
Christmas). It's simply a way of life for them that they generally do not question.
Americans, on the other hand, are generally offended by the notion of the State
creating or controlling their churches, or that their churches would be subordinate
to the State. However, this is exactly what has occurred in recent years as a direct
result of churches incorporating and seeking a 501c3 status -- they have become
State-Churches.
A free church is a church that is truly separate, independent and autonomous from
the State. It is established by a local body of Christian believers, or chartered or
"planted" by another church body or denomination, without the permission or
sanction of the State. The only "sovereign" of the Free Church is the Lord Jesus
Christ. A free church cannot incorporate, it cannot seek a 501c3 status, it cannot
become a tax collector for the State (withholding agent), it cannot accept
government-issued tax numbers (EIN).
The term "free-church" was widely used by the American colonists. It was not a
term that they coined, but one which they inherited from their fathers and
forebears such as the Scottish Covenanters, and the "non-conformist" English
clergy, both of whom fled the persecutions of the Anglican State-Church and it's
"sovereign head" the British monarchy.
Even after American independence there continued to be Christians who fled the
religious persecution of their State-Church systems for the freedom of religion
America offered them. They too often used the term "free-church" to describe the
churches they organized. Such an example of this would be the Evangelical Free
Church, which was founded by a group of Scandinavians who settled in America in
the mid-nineteenth century.
Tragically, the Evangelical Free Church In America today has become a "Free
Church" in name only. By incorporating and becoming a 501c3 they, some years
ago, decided to abandon those principles that there Swedish, Danish and
Norwegian forefathers endured great persecution for.
Equally tragic is the demise of the so-called "Free-Church of Scotland." Were they
honest it would be renamed the "State-Church of Scotland." So thoroughly has it
become a State-Church that Scottish pastors receive their paychecks from the
government (and it happened because the Scottish clergy insisted upon it). He who
pays the piper calls the tune.
The church must cease operating as an underling, subordinate to the State, or in
any way dependent upon the State for "privileges and benefits." The solution rests
in the church organizing and operating as a church -- the ecclesia, not as
something other than what the Lord Jesus Himself ordained and specified. Jesus
spoke of the church as a “body” with Himself as the “head” of His church, and we
as various “members of the body.” The church is, therefore, not an “organization”
(a “legal entity”) but a living, breathing “organism.”
This should not be a difficult biblical doctrine to grasp, particularly for the Pastor.
Sadly, however, ever since local churches started organizing as tax-exempt non-
profit corporations in the mid-twentieth century, and since the incorporated 501c3
church is now the status quo, many folks have a hard time conceiving of the
church operating as just a church. For some odd reason, just being a church isn’t
good enough anymore for too many Christians.
The thinking today appears to be that we must somehow be smarter than Jesus
and His disciples were. They refused to incorporate and that refusal resulted in
their persecution (incorporation of all “spontaneous collectivities of persons”
became mandatory throughout the Roman Empire by 6 A.D.). We’re told that we
live in a far more complex world than the first-century church, and so the church
too must inevitably become more complex and just adapt to the complexities of
the modern information age. The simplicities of the organizational infrastructure
(polity) of the early church are no longer adequate to address the complex world
in which we live.
Those who hold to such beliefs, whether in word or deed, are in reality, making a
public proclamation that Jesus Christ is no longer competent to govern His own
church and provide for, and protect it.
The courts well-understand that “a church is not an entity recognized in law,”
meaning that they have no jurisdiction over the church. However, organizing a
church as a church is an especially difficult concept for attorneys to grasp. Few
attorneys can comprehend that there are things and issues completely outside the
purview and jurisdiction of the civil government, nor do they much care for the
idea. After all, it’s hard to get many billable hours out of those churches that
understand that the civil government has no jurisdiction over them. A free-church
needs an attorney like a fish needs a bicycle.
The legal support for the State’s lack of jurisdiction over the church in America is
not only the Word of God, but the First Amendment to the Constitution for the
United States:
Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof…
No church in any nation at any point in history can lay claim to the freedoms and
liberties that are guaranteed the church in America. The First Amendment is an act
of God’s Providence to safeguard His church and maintain its independence from
the State. The First Amendment is the highest form of real protection the church
has ever known in history.
The solution rests in the church abandoning the phony third-rate protections and
benefits of the State and returning to those real protections and benefits that are
ours in Christ Jesus.
Although it's not inherently difficult to unlicense a State-Church and/or organize
and operate as a free church or free-ministry, you'll still need some guidance and
direction. Thankfully, there's no need to hire an attorney.

If any real body of Christ meeting to encourage one another, to build up one
another in their most holy faith, comes to realize that behind Incorporation is the
love of money, and the replacement of Christ as the Head for the State and they
would like to un-incorporate, I would advise them to contact Heal Our Land
Ministries- via
http://www.hushmoney.org.

Dr. J.