Ecclesiastical Sovereignty: Each Christian Church in America (the U. S. A.), the Head of which is our Lord, Jesus, the Christ, is part and parcel of an Ecclesiastical Sovereignty existing in law since The Treaty of Paris, ratified September 3, 1783. This defines a “Sacred Space”[1] available to all Christians in America. The value of a Sacred Space was shown by the prophet Haggai in the Old Testament when he spoke of the need to come out of Babylon and return to Jerusalem and rebuild the Temple of Solomon.
Each Christian Church remains a part of this Ecclesiastical Sovereignty in perpetuity; provided it has not voluntarily converted itself into a state created Corporation Aggregate and filed a Form 1023 with the Internal Revenue Service for which it then received designation as a state regulated not-for-profit business receiving a number authorizing it to conduct business with a tax exemption[2].
When the Constitution of the United States was ratified and the First United States Congress was convened, the enacted Bill of Rights prohibited the newly created government from being able to dissolve this Ecclesiastical Sovereignty. Henceforth, this type of Ecclesiastical Sovereignty will be known as an “American Style of Ecclesiastical Sovereignty”[3]. It is sometimes referred to as “The Separation of Church and State” which is memorialized in Section 508 of Title 26, USC, as a mandatory exception[4] (not exemption) for churches.
History and Explanation: Before Jesus’ crucifixion He had explained that it would be through the Apostles and all others that believe in Him that He would build His earthly organization. Then, shortly after our Lord Jesus’ resurrection, Jesus explained that He had been given all authority in Heaven and Earth, making Him the true Sovereign. Also at that time, Jesus issued the Great Commission to all of His disciples. These all combined to result in Jesus delegating an earthly sovereignty to all the disciples. For example, Peter, the Apostle, a contemporary of our Lord Jesus, became a sovereign individual.
Approximately ten days after Jesus ascended into Heaven it is now commonly accepted that the Christian Church began on the Day of Pentecost, a Sunday in the year 28 of the Common Era (“CE”), in Jerusalem, Judea. Peter, the Apostle, the sovereign individual, was presiding when the Holy Spirit came to earth for all. [Note that the earthly sovereignty was vested in the ones that God called out to represent Him on earth. These “called out ones” then became known by their Greek name, ecclesia. Thus, the term ecclesiastical refers to the ones called out to represent Jesus and speak in His name. Over the centuries ecclesia has become synonymous with “church”.]
With the advent of monarchies in Europe being established under the authority of the Pope in Rome, there was the delegating of this earthly sovereignty to the Office of the Monarchs by the Pope. There came with this the “Divine Right of Kings” which established their authority to rule over other humans; making them subjects of the King. Therefore, in Europe the Monarchs held the sovereignty and the people were the Monarchs subjects.
Later, the Protestant Reformation resulted in replacing the Pope with the Monarch(s) as the head(s) of the church on earth. This resulted in an unintended consequence. Since there was more than one Monarchy there arose the practice of each earthly Sovereign Monarch establishing a religion for his subjects using the Divine Right of Kings as the authority. Henceforth, this type of Ecclesiastical Sovereignty will be known as an “European Style of Ecclesiastical Sovereignty”[5].
When the Monarch(s) became the Head(s) of the Church, great wealth came with it. This led to abuse, as well as terrible disruptions, in the religious life of the Monarch’s subjects. People, as subjects of the Monarch’s law, could be compelled by their Monarch to follow certain religious beliefs and practices and it was considered a crime for them not to do so. Many were persecuted; many were prosecuted and burned at the stake.
It was this environment that drove the people to leave their homeland and come to the New World; i.e., America. From the beginning of the migration, many people had no desire to ever become the subject of an earthly Monarch that had the authority to establish the religious practices they were to follow. This was only preventable if the government, that had the police power, worked for the people and not the reverse. Therefore, the principle of self-government was enforced and it was driven by the freedom of religion. These people saw Jesus as their sovereign, provider, and protector.
This stood in direct contrast to the character and nature of monarchies. With the unparalleled wealth of resources in the New World, the struggle for control of it by a remote Sovereign Monarch was inevitable. Especially with the Monarch continuing to view all of the people in the colonies as subjects. The following question arose; if the people had the power to control the governmental authority closest to them why should an earth-based government situated thousands of miles away be handled any differently? They had tasted freedom; they wanted representation in that remote government that would present their views and protect their interests.
The history is well known as to what followed. The American Revolutionary War ensued resulting in the recognition of thirteen new sovereign nations as found in Article 1 of the Treaty of Paris, ratified September 3, 1783. To Wit:
Article 1: His Brittanic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free sovereign and independent states (emphasis added), that he treats with them as such, and for himself, his heirs, and successors, relinquishes all claims to the government, propriety, and territorial rights of the same and every part thereof.
The sovereignty of each these former colonies is verified by the use of the phase “Congress shall earnestly recommend it to the legislatures…” in Article 5 of the Treaty of Paris. To Wit:
Article 5: It is agreed that Congress shall earnestly recommend it to the legislatures of the respective states to provide for the restitution of all estates, rights, and properties, which have been confiscated belonging to real British subjects; and also of the estates, rights, and properties of persons resident in districts in the possession on his Majesty's arms and who have not borne arms against the said United States. And that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States and therein to remain twelve months unmolested in their endeavors to obtain the restitution of such of their estates, rights, and properties as may have been confiscated; and that Congress shall also earnestly recommend to the several states a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent not only with justice and equity but with that spirit of conciliation which on the return of the blessings of peace should universally prevail. And that Congress shall also earnestly recommend to the several states that the estates, rights, and properties, of such last mentioned persons shall be restored to them, they refunding to any persons who may be now in possession the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights, or properties since the confiscation.
And it is agreed that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.
The King of England was forced to surrender his sovereignty with regard to these thirteen new nations. Since the members of these legislatures were representatives (agents) of the people (the Principal) the earthly sovereignty that was initially given to Peter the Apostle in 28 CE had passed to each and every human in the thirteen new nations. The Sacred Space for the Christian Church known as the Ecclesiastical Sovereignty was set apart for what turned out to be forever.
The Founding Fathers were aware of this when the Constitutional Committee of the Continental Congress reported the proposed Constitution out of committee because they also prescribed the method of ratification that was to be followed. The Committee determined that special elections for ratification were to be held. The representatives in the legislature (agents) would not be the ones voting; the people (the Principal) would be the ones voting on ratification
When the Constitution of the United States was ratified and the First United States Congress was convened, the enacted Bill of Rights prohibited the newly created government from being able to dissolve the Ecclesiastical Sovereignty. Henceforth, this type of Ecclesiastical Sovereignty will be known as an “American Style of Ecclesiastical Sovereignty”[6]. It is sometimes referred to as “The Separation of Church and State” and is memorialized in Section 508 of Title 26, USC, as a mandatory exception for churches.
[1] A place set aside to be with God..
[2] The granting body can revoke an exemption; in this case it would be the IRS.
[3] Definition “American Style of Ecclesiastical Sovereignty” added 2007_12_11.
[4] Exceptions are excluded as subjects or objects of the law, the governing body does not have jurisdiction.
[5] Definition of “European Style of Ecclesiastical Sovereignty” added 2007_12_11.
[6] Definition of “American Style of Ecclesiastical Sovereignty” added 2007_12_11.