Person

Comprehending laws and contracts is impossible, unless we first learn the meaning of the words and phrases they contain.

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notmartha
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Person

Post by notmartha » Tue Jun 16, 2015 12:24 pm

KJV references:

Nepesh, Strong’s #5315, is used 753 times in the Old Testament. It is most frequently translated as: soul, life, person, mind, heart, creature, body, himself, yourselves, dead. Examples:
2 Samuel 14:14 (KJV) For we must needs die, and are as water spilt on the ground, which cannot be gathered up again; neither doth God respect any person: yet doth he devise means, that his banished be not expelled from him.
Pânîym, Strong’s #6440, is used 2109 times in the Old Testament. It is most frequently translated as: before, face, presence, because, sight, countenance, person. Examples:
Deuteronomy 1:17 (KJV) Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God's: and the cause that is too hard for you, bring it unto me, and I will hear it.
Deuteronomy 10:17 (KJV) For the LORD your God is God of gods, and Lord of lords, a great God, a mighty, and a terrible, which regardeth not persons, nor taketh reward:
Deuteronomy 16:19 (KJV) Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous.
2 Chronicles 19:7 (KJV) herefore now let the fear of the LORD be upon you; take heed and do it: for there is no iniquity with the LORD our God, nor respect of persons, nor taking of gifts.
Job 13:7-10 (KJV) 7 Will ye speak wickedly for God? and talk deceitfully for him? 8 Will ye accept his person? will ye contend for God? 9 Is it good that he should search you out? or as one man mocketh another, do ye so mock him? 10 He will surely reprove you, if ye do secretly accept persons.
Proverbs 24:23 (KJV) These things also belong to the wise. It is not good to have respect of persons in judgment.
Job 32:21 (KJV) Let me not, I pray you, accept any man's person, neither let me give flattering titles unto man.
Proverbs 28:21 (KJV) To have respect of persons is not good: for for a piece of bread that man will transgress.
Prosōpon, Strong’s #4383, is used 78 times in the New Testament. It is translated as: face, person, presence, countenance. Examples:
Matthew 22:16 (KJV) And they sent out unto him their disciples with the Herodians, saying, Master, we know that thou art true, and teachest the way of God in truth, neither carest thou for any man: for thou regardest not the person of men.
Luke 20:21 (KJV) And they asked him, saying, Master, we know that thou sayest and teachest rightly, neither acceptest thou the person of any, but teachest the way of God truly:
Galatians 2:5-6 (KJV) To whom we gave place by subjection, no, not for an hour; that the truth of the gospel might continue with you. But of these who seemed to be somewhat, (whatsoever they were, it maketh no matter to me: God accepteth no man's person:) for they who seemed to be somewhat in conference added nothing to me:
From The Words of His Kingdom and the words of the world compared:

Person and Man compared
The term person appears in Scripture, but it is not a noun, it only describes the noun. Matthew 22:16, "...for thou regardest not the person of men." 2 Corinthians 2:10, "...the person of Christ." Person means "presence or countenance", it does not mean 'man.' Here is scriptural proof that "person" and "man" are not synonymous terms. For if they are synonymous, then God is a liar.

First of all, the scripture is very clear that God is no "respecter of persons" (2 Samuel 14:14, 2 Chronicles 19:7, Acts 10:34, Romans 2:11, Galatians 2:6, Ephesians 6:9, Colossians 3:25, 1 Peter 1:17). God does not respect persons, period!
Now, if the term 'person' is synonymous with 'man', then there is a contradiction in the scripture, because throughout scripture, God specifically says he does respect man! For example, "the LORD had respect unto Abel" (Genesis 4:4), God had respect "upon the children of Israel" (Ex. 2:25, Leviticus 26:9, 2 Kings 13:23), and God has "respect unto the lowly" (Psalms 138:6). Therefore, "person" and "man" are not the same.

Second of all, the scripture says that if we have respect of persons, we commit sin and transgress God's Law (Leviticus 19:15, Deuteronomy 1:17; 16:19, Proverbs 24:23, Proverbs 28:21, James 2:1-4, 9). But in the same breath, scripture commands us to honour all men (1 Peter 2:17)! So obviously, "persons" and "men" cannot be synonymous terms.
Let us look more closely at Leviticus 19:15. Notice it says ,"thou shalt not respect the person of the poor, nor honour the person of the mighty." It does not say, "thou shalt not respect the poor, nor honour the mighty," but only the person of the poor and mighty. Therefore, we are not to respect someone just because they are the president, or a police officer, or a banker, or a priest, or wealthy. These are the 'persons' of men. We are to respect men because of what's in their hearts, and not because of their image. Jesus did not accept the person of any (Luke 20:21), neither should we.

Another example is in James 2:1-4. Notice these religious people were sinning because they would give the best seats in their assembly to the persons of the rich, and not to the poor. This is discrimination. They were being partial and were giving judgment to the outward circumstances of man and not to their intrinsic merits. They preferred, as the more worthy, one whose "image" or "person" is one that is rich, high born, or powerful, over another who does not have these qualities.

Person: "In law, man and person are not exactly-synonymous terms." Bouvier's Law Dictionary, 1856, 1 Bouv. Inst. n. 137.

Person: "...not every human being is a person." Black's Law Dictionary, 4th ed. 1957 & 1968, p.1300.

A maxim of law states, "A slave is not a person" and "A slave, and everything a slave has, belongs to his master."

So, if you are a slave, or a bondservant of Jesus, the Christ, you don't fit that description of being the person described in the natural man's statutes. A servant belongs to his master, and our Master is the King of kings, "For ye are bought with a price" (1 Corinthians 6:20).

Some may object to being called a 'slave' because they claim "slavery" was abolished in the US Constitution. This is not true. Only "involuntary servitude" was outlawed (see article XIII), not "voluntary servitude." Forced slavery was outlawed, not the freedom to choose to be an obedient bondman, or slave.

After the Civil War, many slaves stayed with and continued to serve their masters...voluntarily. Today, citizens, persons, residents, and others of like spirit are "voluntarily serving" Caesar and his "civil" world (to their destruction if they do not repent). But the bondmen of Jesus Christ choose to be an obedient slave of and to the Prince of Peace (to eternal life).

In addition, it can be seen that 'person' and 'man' are not synonymous by the phrase "artificial person." In man's law, this phrase is used to describe corporations and such.

But, if we replace the word 'person' with 'man,' look at what we get-- "artificial man." What is an artificial man? Is it a cyborg, a half-man - half-machine or something? However, "artificial person" makes sense, because a person is created by man, whereas a man is created by God. God does not create artificial things, only man does.

Now, the term man is found in scripture, but it has to be qualified. You are a bondman of Christ, but not a natural man (1 Corinthians 2:14). Also, you can find the term mankind in scripture, but it refers only to the flesh (human beings), and has nothing to do with God or His Spirit. Remember, all human beings are monsters (as verified in man's law).
In Webster's New World Dictionary, Third College Edition, 1988, page 823, Mankind is defined as "all human beings; the human race."
Webster’s Dictionary, 1828
PERSON, noun per'sn. [Latin persona; said to be compounded of per, through or by, and sonus, sound; a Latin word signifying primarily a mask used by actors on the state.]

1. An individual human being consisting of body and soul. We apply the word to living beings only, possessed of a rational nature; the body when dead is not called a person It is applied alike to a man, woman or child.

A person is a thinking intelligent being.

2. A man, woman or child, considered as opposed to things, or distinct from them.

A zeal for persons is far more easy to be perverted, than a zeal for things.

3. A human being, considered with respect to the living body or corporeal existence only. The form of her person is elegant.

You'll find her person difficult to gain.

The rebels maintained the fight for a small time, and for their persons showed no want of courage.

4. A human being, indefinitely; one; a man. Let a person's attainments be never so great, he should remember he is frail and imperfect.

5. A human being represented in dialogue, fiction, or on the state; character. A player appears in the person of king Lear.

These tables, Cicero pronounced under the person of Crassus, were of more use and authority than all the books of the philosophers.

6. Character of office.

How different is the same man from himself, as he sustains the person of a magistrate and that of a friend.

7. In grammar, the nominative to a verb; the agent that performs or the patient that suffers any thing affirmed by a verb; as, I write; he is smitten; she is beloved; the rain descends in torrents. I, thou or you, he, she or it, are called the first, second and third persons. Hence we apply the word person to the termination or modified form of the verb used in connection with the persons; as the first or the third person of the verb; the verb is in the second person

8. In law, an artificial person is a corporation or body politic.

In person by one's self; with bodily presence; not be representative.

The king in person visits all around.

PER'SON, verb transitive To represent as a person; to make to resemble; to image. [Not in use.]
Bouvier’s Dictionary of Law, 1856:
PERSON. This word is applied to men, women and children, who are called natural persons. In law, man and person are not exactly-synonymous terms. Any human being is a man, whether he be a member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, &c. A person is a man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. n. 137.
2. It is also used to denote a corporation which is an artificial person. 1 Bl. Com. 123; 4 Bing. 669; C. 33 Eng. C. L R. 488; Wooddes. Lect. 116; Bac. Us. 57; 1 Mod. 164.
3. But when the word "Persons" is spoken of in legislative acts, natural persons will be intended, unless something appear in the context to show that it applies to artificial persons. 1 Scam. R. 178.
4. Natural persons are divided into males, or men; and females or women. Men are capable of all kinds of engagements and functions, unless by reasons applying to particular individuals. Women cannot be appointed to any public office, nor perform any civil functions, except those which the law specially declares them capable of exercising. Civ. Code of Louis. art. 25.
5. They are also sometimes divided into free persons and slaves. Freemen are those who have preserved their natural liberty, that is to say, who have the right of doing what is not forbidden by the law. A slave is one who is in the power of a master to whom he belongs. Slaves are sometimes ranked not with persons but things. But sometimes they are considered as persons for example, a negro is in contemplation of law a person, so as to be capable of committing a riot in conjunction with white men. 1 Bay, 358. Vide Man.
6. Persons are also divided into citizens, (q. v.) and aliens, (q. v.) when viewed with regard to their political rights. When they are considered in relation to their civil rights, they are living or civilly dead; vide Civil Death; outlaws; and infamous persons.
7. Persons are divided into legitimates and bastards, when examined as to their rights by birth.
8. When viewed in their domestic relations, they are divided into parents and children; hushands and wives; guardians and wards; and masters and servants son, as it is understood in law, see 1 Toull. n. 168; 1 Bouv. Inst. n. 1890, note.
Miscellaneous Maxims regarding "persons"
A privilege is a personal benefit and dies with the person.

He who contracts, knows, or ought to know, the quality of the person with whom he contracts, otherwise he is not excusable.

A personal action dies with the person. This must be understood of an action for a tort only.

Equity acts upon the person.

Certain legal consequences are attached to the voluntary act of a person.

An error in the name is nothing when there is certainty as to the person.

Where a person does an act by command of one exercising judicial authority, the law will not suppose that he acted from any wrongful or improper motive, because it was his bounden duty to obey.

The status of a person is his legal position or condition.

A person is a man considered with reference to a certain status.

The law is no respecter of persons. [Acts 10:34]

Debts follow the person of the debtor.

A slave is not a person.
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notmartha
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Re: Person

Post by notmartha » Tue Jun 16, 2015 12:42 pm

Observe the gradual changes in these definitions from Black's:.

Black's Law Dictionary, 1st Edition
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Black’s Law Dictionary, 2nd Edition
PERSON
A man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. no. 137. A human being considered as capable of having rights and of being charged with duties; while a “thing” is the object over which rights may be exercised.

ARTIFICIAL PERSON
A nonhuman entity that is created by law and is legally different owning its own rights and duties. AKA jusistic person and legal person. Refer to body corporate.

NATURAL PERSON
A human being, naturally born, versus a legally generated juridical person.

JURIDICAL PERSON
Entity, as a firm, that is not a single natural person, as a human being, authorized by law with duties and rights, recognized as a legal authority having a distinct identity, a legal personality. Also known as artificial person, juridical entity, juristic person, or legal person. Also refer to body corporate.
Black’s Law Dictionary, 6th Edition, 1991
PERSON. In general usage, a human being, though by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
Scope and delineation of term is necessary for determining those to whom Fourteenth Amendment of Constitution affords protection since this amendment expressly applies to “person.”
Black’s Law Dictionary, 7th Edition, 1999
1. A human being.
2. An entity (such as a corporation) that is recognized by law as having the rights and duties of a human being.
3. The living body of a human being.
“So far as legal theory is concerned, a person is any being whom the law regards as capable of rights and duties. Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man. Persons are the substances of which rights and duties are the attributes. It is only in this respect that persons possess juridical significance, and this is the exclusive point of view from which personality receives legal recognition.” John Salmond, Jurisprudence 318
Uniform Commercial Code § 1-201. General Definitions.
(27) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
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Re: Person

Post by notmartha » Mon Sep 26, 2016 11:57 am

The English Works of Thomas Hobbes of Malmesbury; Now First Collected and Edited by Sir William Molesworth, Bart., (London: Bohn, 1839-45). 11 vols. Vol. 3.

Complete work can be found here: http://oll.libertyfund.org/title/585
CHAPTER XVI.
Of Persons, Authors, And Things Personated.


A person, is he, whose words or actions are considered, either as his own, or as representing the words or actions of another man, or of any other thing, to whom they are attributed, whether truly or by fiction.

When they are considered as his own, then is he called a natural person: and when they are considered as representing the words and actions of another, then is he a feigned or artificial person.

The word person is Latin: instead whereof the Greeks have πρ̧όσωπον, which signifies the face, as persona in Latin signifies the disguise, or outward appearance of a man, counterfeited on the stage; and sometimes more particularly that part of it, which disguiseth the face, as a mask or vizard: and from the stage, hath been translated to any representer of speech and action, as well in tribunals, as theatres. So that a person, is the same that an actor is, both on the stage and in common conversation; and to personate, is to act, or represent himself, or another; and he that acteth another, is said to bear his person, or act in his name; in which sense Cicero useth it where he says, Unus sustineo tres personas; mei, adversarii, et judicis: I bear three persons; my own, my adversary’s, and the judge’s; and is called in divers occasions, diversly; as a representer, or representative, a lieutenant, a vicar, an attorney, a deputy, a procurator, an actor, and the like.

Of persons artificial, some have their words and actions owned by those whom they represent. And then the person is the actor; and he that owneth his words and actions, is the author: in which case the actor acteth by authority. For that which in speaking of goods and possessions, is called an owner, and in Latin dominus, in Greek κύριοϛ speaking of actions, is called author. And as the right of possession, is called dominion; so the right of doing any action, is called authority. So that by authority, is always understood a right of doing any act; and done by authority, done by commission, or licence from him whose right it is.

From hence it followeth, that when the actor maketh a covenant by authority, he bindeth thereby the author, no less than if he had made it himself; and no less subjecteth him to all the consequences of the same. And therefore all that hath been said formerly, (chap. XIV) of the nature of covenants between man and man in their natural capacity, is true also when they are made by their actors, representers, or procurators, that have authority from them, so far forth as is in their commission, but no further.

And therefore he that maketh a covenant with the actor, or representer, not knowing the authority he hath, doth it at his own peril. For no man is obliged by a covenant, whereof he is not author; nor consequently by a covenant made against, or beside the authority he gave.

When the actor doth anything against the law of nature by command of the author, if he be obliged by former covenant to obey him, not he, but the author breaketh the law of nature; for though the action be against the law of nature; yet it is not his: but contrarily, to refuse to do it, is against the law of nature, that forbiddeth breach of covenant.

And he that maketh a covenant with the author, by mediation of the actor, not knowing what authority he hath, but only takes his word; in case such authority be not made manifest unto him upon demand, is no longer obliged: for the covenant made with the author, is not valid, without his counter-assurance. But if he that so covenanteth, knew beforehand he was to expect no other assurance, than the actor’s word; then is the covenant valid; because the actor in this case maketh himself the author. And therefore, as when the authority is evident, the covenant obligeth the author, not the actor; so when the authority is feigned, it obligeth the actor only; there being no author but himself.

There are few things, that are incapable of being represented by fiction. Inanimate things, as a church, an hospital, a bridge, may be personated by a rector, master, or overseer. But things inanimate, cannot be authors, nor therefore give authority to their actors: yet the actors may have authority to procure their maintenance, given them by those that are owners, or governors of those things. And therefore, such things cannot be personated, before there be some state of civil government.

Likewise children, fools, and madmen that have no use of reason, may be personated by guardians, or curators; but can be no authors, during that time, of any action done by them, longer than, when they shall recover the use of reason, they shall judge the same reasonable. Yet during the folly, he that hath right of governing them, may give authority to the guardian. But this again has no place but in a state civil, because before such estate, there is no dominion of persons.

An idol, or mere figment of the brain, may be personated; as were the gods of the heathen: which by such officers as the state appointed, were personated, and held possessions, and other goods, and rights, which men from time to time dedicated, and consecrated unto them. But idols cannot be authors: for an idol is nothing. The authority proceeded from the state: and therefore before introduction of civil government, the gods of the heathen could not be personated.

The true God may be personated. As he was; first, by Moses; who governed the Israelites, that were not his, but God’s people, not in his own name, with hoc dicit Moses; but in God’s name, with hoc dicit Dominus. Secondly, by the Son of man, his own Son, our blessed Saviour Jesus Christ, that came to reduce the Jews, and induce all nations into the kingdom of his father; not as of himself, but as sent from his father. And thirdly, by the Holy Ghost, or Comforter, speaking, and working in the Apostles: which Holy Ghost, was a Comforter that came not of himself; but was sent, and proceeded from them both.

A multitude of men, are made one person, when they are by one man, or one person, represented; so that it be done with the consent of every one of that multitude in particular. For it is the unity of the representer, not the unity of the represented, that maketh the person one. And it is the representer that beareth the person, and but one person: and unity, cannot otherwise be understood in multitude.

And because the multitude naturally is not one, but many; they cannot be understood for one; but many authors, of every thing their representative saith, or doth in their name; every man giving their common representer, authority from himself in particular; and owning all the actions the representer doth, in case they give him authority without stint: otherwise, when they limit him in what, and how far he shall represent them, none of them owneth more than they gave him commission to act.

And if the representative consist of many men, the voice of the greater number, must be considered as the voice of them all. For if the lesser number pronounce, for example, in the affirmative, and the greater in the negative, there will be negatives more than enough to destroy the affirmatives; and thereby the excess of negatives, standing uncontradicted, are the only voice the representative hath.

And a representative of even number, especially when the number is not great, whereby the contradictory voices are oftentimes equal, is therefore oftentimes mute, and incapable of action. Yet in some cases contradictory voices equal in number, may determine a question; as in condemning, or absolving, equality of votes, even in that they condemn not, do absolve; but not on the contrary condemn, in that they absolve not. For when a cause is heard; not to condemn, is to absolve: but on the contrary, to say that not absolving, is condemning, is not true. The like it is in a deliberation of executing presently, or deferring till another time: for when the voices are equal, the not decreeing execution, is a decree of dilation.

Or if the number be odd, as three, or more, men or assemblies; whereof every one has by a negative voice, authority to take away the effect of all the affirmative voices of the rest, this number is no representative; because by the diversity of opinions, and interests of men, it becomes oftentimes, and in cases of the greatest consequence, a mute person, and unapt, as for many things else, so for the government of a multitude, especially in time of war.

Of authors there be two sorts. The first simply so called; which I have before defined to be him, that owneth the action of another simply. The second is he, that owneth an action, or covenant of another conditionally; that is to say, he undertaketh to do it, if the other doth it not, at, or before a certain time. And these authors conditional, are generally called sureties, in Latin, fidejussores, and sponsores; and particularly for debt, prædes; and for appearance before a judge, or magistrate, vades.

See also Surety, Feign, Fiction
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