Beliefs Edit

Freemen believe that statute law is a contract, and that individuals can therefore opt out of statute law, choosing instead to live under what they call "common" (case) and "natural" laws. They believe natural laws require only that individuals do not harm others, do not damage the property of others, and do not use "fraud or mischief" in contracts. They say that all people have two parts to their existence: their body and their legal "person". The latter is represented by the individual's birth certificate; some freemen claim that it is entirely limited to the birth certificate. Under this theory, a "strawman" is created when a birth certificate is issued, and this "strawman" is the entity who is subject to statutory law. The physical self is referred to by a slightly different name, such as "John of the family Smith" instead of "John Smith".[11] Many freemen beliefs are based on idiosyncratic interpretations of admiralty or maritime law, which the freemen claim govern the commercial world. These beliefs stem from fringe interpretations of various nautical-sounding words, such as ownership, citizenship, dock, or birth (berth) certificate. Freemen refer to the court as a "ship", the court's occupants as "passengers" and may claim that those leaving are "men overboard".[11] Freemen will try to claim common law (as opposed to admiralty law) jurisdiction by asking "Do you have a claim against me?" This, they contend, removes their consent to be governed by admiralty law and turns the court into a common law court, so that proceedings would have to go forward according to their version of common law. This procedure has never been successfully used.[7][11] Freemen will often not accept legal representation, believing that to do so would mean contracting with the state. They believe that the United Kingdom and Canada are now operating in bankruptcy and are therefore under admiralty law. They believe that since the abolition of the gold standard, UK currency is backed not by gold but by the people (or the "legal fiction of their persons"). They describe persons as creditors of the UK corporation. Therefore, a court is a place of business, and a summons is an invitation to discuss the matter at hand, with no powers to require attendance or compliance.[11] They may believe that the government controls secret bank accounts in their name as part of this theory, which may be accessed to pay off debts. None of the beliefs held by freemen have ever been supported by any judgments or verdicts in any criminal or civil court cases anywhere.[7][11] An English solicitor, writing anonymously, commented: [This] strategy might give lenders pause, of course, because litigating against awkward characters isn't much fun. But given how flimsy the freeman legal arguments are, the pause needn't be long. I've seen a transcript of a hearing in which a debtor tried to rely on the freeman defence. It was over as soon as the judge asked (I can imagine the withering tone), "Are you planning to persist in this defence, Mr Jones?"[12]

Contracts Edit

Freemen believe that since they exist in a common law jurisdiction where equality is paramount and mandatory, the people in the government and courts are not above the law, and that government and court personnel therefore must obtain the consent of the governed. Freemen believe that government employees who do not obtain consent of the governed have abandoned the rule of law. They believe this consent is routinely secured by way of people submitting applications and through acts of registration. They believe the public servants have deceived the population into abandoning their status as freemen in exchange for the status of a "child of the province" or "ward of the state", allowing those children to collect benefits such as welfare, unemployment insurance, and pension plans or old age security.[citation needed] Freemen believe that the government has to establish "joinder" to link oneself and one's legal person. If one is asked whether one is "John Smith" and one says that is so, one has established joinder and connected the physical and human persons. The next step is to obtain consent. Statutes are merely invitations to enter a contract, and are only legally enforceable if one enters into the contract consensually. Otherwise, statute laws are not applicable. Freemen believe that the government is constantly trying to trick people into entering into a contract with them, so they often return bills, notices, summons and so on with the message "No contract—return to sender".[11] A "notice of understanding and intent and claim of right" is a document used by freemen to declare their sovereignty. The signed document, often notarised, is sent to the Queen and possibly other authorities such as the Prime Minister and police chiefs. It usually begins with the words "Whereas it is my understanding" and goes on to state their understanding of the law and their lack of consent to it.[11] Freemen's beliefs are based on misunderstandings and wishful thinking and have not been successful in any courts anywhere.[11]

Court cases Edit

Advice to professionals Edit

Lawyers and notaries in British Columbia and Alberta, Canada, have been warned by their professional bodies about dealing with freemen as clients.[24] In particular, lawyers have been advised to be careful not to stamp or notarise the pseudo-legal documents that freemen typically use, so as not to create a perception of authority for such documents.[25] U.S. police, both speaking personally and as official guidance, have provided advice to law enforcement on dealing with the similar sovereign citizen movement. These have noted the need for caution after a case in which two policemen were murdered by a "sovereign citizen" during a traffic stop.[26]

See also Edit

References Edit