FORT FAIRFIELD JOURNAL
Real. Educational. News.
Fort Fairfield Journal Contact Us Bible Reference Our Library
Are Marriages Illegal?
By: David Deschesne
Editor, Fort Fairfield Journal
Fort Fairfield Journal, March 16, 2005
Introduction
A marriage license is a three-party contract between the man, woman, and
the State known as an adhesion contract. An
adhesion contract is one which is extremely one-sided, grossly favoring the
State. From weakness in bargaining
position, ignorance, or indifference, couples are willing to enter into the
marriage transaction controlled by this lopsided legal document.
When a couple applies for a license from the State to marry, they are
actually asking for permission to engage in the “unlawful” activity of
marriage (License - a revocable permission to commit some act that would
otherwise be unlawful - Black’s Law 7th ed).
Because the State can regulate that which it licenses, by entering into a
State-sanctioned franchise (marriage) as a married couple, a couple forfeits
their rights to a private, sovereign marriage and any ownership/control of their
children or property; as a result of the marriage license.
Child Protective Services receives its full power and authority to seize
children via the marriage license under the ancient legal doctrine of parens
patriae.
When a State-licensed married couple has a child, the Birth Certificate
is the document the State uses to claim ownership of the child under its
marriage contract. State ownership
remains as long as that child lives, even after the age of 21.
If you have a birth certificate, the State owns you, too.
Couples married under a state-sanctioned marriage license also give up
1/3 of their property to the state. Should
one person die, the government, through the inheritance tax, will demand the
surviving party to “buy them out” - usually a 28- 35% tax.
Marriage licenses were never required prior to the
early 1900s, also known as the “Devolutionary Period”.
The only requirement for a legitimate marriage then was that the couple
be married by an official minister of God, and place their intentions to marry
in a public place, such as a church, parish, or town meeting house for all to
see. That notice was then to be
filed with the county clerk. No
license, or certificate required.
History
of Marriage in Maine
When Maine was first formed as a state in 1821, the act of marriage was much
simpler and less evasive than it is today.
There was no licensing scheme, no Child Protective Services, and, while
the State did prohibit those types of marriages denounced in the Holy Bible,
there was otherwise very little state interference.
The only requirement for marriage was that all people desiring to be
joined in marriage, shall have their intentions published at three public
religious meetings for about three weeks or they could have the town Clerk
publish such intentions in a public place for the same amount of time.
Once that criteria was met, the Clerk would issue a certificate
certifying that the intentions were published.1 The
original marriage laws were similar in nature to ancient Roman civil law, where
the government’s only interest in marriage was the fact that it was announced
publicly. The ancient Roman government issued no certificates and
played little part in the initial marriage agreement.2
Marriage
License
Today, the state of Maine has declared marriage to be
an illegal, regulatable enterprise, much like fishing, hunting, and selling
cars. All who wish to be married
must be licensed to do so. Black’s
Law Dictionary, 7th edition defines license as:
“A
revocable permission to commit some act that would otherwise be unlawful.”
Even
though weddings are conducted in a church setting with a providential backdrop,
almost all pastors and preachers marry a couple with authority vested in them by
the State, rather than God and make that proclamation at the end of every
ceremony.3
The marriage license is a permission granted by the state of Maine to commit the
“unlawful” act of marriage, in direct conflict with the U.S. Supreme
Court’s definition of liberty. In
1923, the Supreme Court defined liberty as, among other things, “...the
ability to freely marry, establish a home, and bring up children.”4
Today, we need a license to do those
“unlawful” acts. After all,
that which the state licenses it can thereby regulate.
The license is then converted into a certificate after the marriage takes
place.5
Barron’s Banking Dictionary defines a
certificate as
“a
paper establishing an ownership claim.”
-Barron’s Dictionary of Banking Terms, ©1990, Barron’s Educational
Series, Inc. p. 114.
The
state of Maine transformed the passive act of the clerk certifying publication
of marriage intentions to the active act of granting permission via the
certificate in 1909 when the clerk was then authorized to hold the certificate
for five days after intentions were filed with him and the marriage could ensue
only after the certificate was issued.6
The withholding of a certificate was then a de-facto license.
One of the main reasons the marriage certificate changed its character
was the fact that the Panic of 1907 had just taken place and Senator Nelson
Aldrich had been appointed to head the National Monetary Commission to ensure
such panics never took place again. Senator
Aldrich’s plan was ultimately realized in the Federal Reserve System of
debt-based money we all suffer under today.
Because the money system proposed was debt-based, the state and federal
governments needed to have certificated property that produced wealth that they
could pledge as collateral for notes in the upcoming debt money system.
In 1903 only a few states had adopted a marriage license scheme.7
By 1935, all states required licenses except Maryland, which soon
followed shortly thereafter.8
Child
Protective Services
The fact that a certificate for a married couple is
commercial paper that can be used to pledge the future expenditure of labor of
the married couple against the State’s borrowed money was only half the
equation. By entering into a
State-sanctioned franchise (marriage) as a married couple, a couple forfeits
their rights to a private, sovereign marriage and any ultimate control of their
children or marriage-related property; as a result of the marriage license.
Child Protective Services receives its full power and authority to seize
children via the marriage license under the ancient legal doctrine of parens
patriae.
According to Black’s Law, 5th edition:
“The
origins of the doctrine parens patriae and the law can be traced to
medieval and late medieval English chancery courts where it played an important
roll in maintaining the structure of feudalism.
The King had a royal prerogative to act as guardian to persons with legal
disabilities such as infants, idiots, and lunatics.
Chancery, as an agent of the monarch, had a duty to maintain the orderly
transfer of feudal duties from one generation to another and to insure that
there would be someone available to perform these duties and the concept of parens
patriae was usually invoked in connection with problems of property or
guardianship.”
In
today’s world, the Department of Human Services functions as the Chancery, or
agent of the monarch - which is the State - in orderly transferring the feudal
duties of labor to generate a tax base on to future generations. That tax base
is known as the “full faith and credit” of the American people and is
pledged against every bond (a state bond issue is a loan) the people vote to
approve.
When a State-licensed married couple has a child, the
Birth Certificate is the document the State uses to claim ownership of the child
under its marriage contract. State
ownership remains as long as that child lives, even after the age of 21.
If you have a birth certificate, the State owns you, too.
Birth certificates, marriage certificates, and automobile Certificates of
Title are just some of the commercial paper the State government uses to
collateralize their debt to the banks for all of the bond issues the people vote
for. These certificates are serial
numbered so the banks can more easily track them and all conform to the rules of
negotiable instruments as outlined in the Uniform Commercial Code.9
You and your family have, in effect, been pledged as chattel to the banks
for the State’s and Federal Government’s debts.
YOU are the one who gave Child Protective Services permission to steal your
children. Since the State can
regulate that which it licenses, Child Protective Services has mushroomed into a
money making machine by snatching kids and receiving millions of federal dollars
for them. In most cases, Child
Protective Services has no interest in reuniting families because by keeping the
family unit off balance, under constant worry and financial drain, the people of
a state are more easily controlled, taxed and herded like sheep by the
governmental power. A State which
has strong, responsible families with good morals, an understanding of right and
wrong, and the time to focus on solutions to state abuses would never be able to
get away with the massive confiscatory taxation and licensing schemes the Maine
government, as well as all other states, enjoys perpetrating against its
citizenry today.
Child Protective services receives its authority to
kidnap children from the child’s parents the moment a marriage license was
applied for and granted. The child
is placed in a guardian/ward relationship with the state where the parents
function merely as “custodians.” That
custodial relationship may be terminated by the authorizing state agency
whenever it declares the child is not being raised according to the standards
established by the State. The Maine
CPS can sue the parents on behalf of the child based on Rule 17 (a) of the Maine
Rules of Civil Procedure which states, in part,
“An
executor, administrator, guardian, bailee, trustee of an express trust, a party
with whom or in whose name a contract has been made for the benefit of another,
or a party authorized by statute may sue in that person’s own name without
joining the party for whose benefit the action is brought.”
So, Maine can sue on behalf of the child without using the child’s name because you, the parents, gave the state guardianship over your child with the marriage license making the State a "trustee of an express trust". We never had a Child Protective Services protecting our Children for at least the first 140 years of our existence, because assault on a child was already illegal and dealt with by the County Sheriff. If a child needed to be removed to a safer environment, he was brought to one of many privately funded homes which had to compete for money from the private sector. This competition forced the homes to maintain extremely high standards and, due to the limitation of funds, resolving family problems and reuniting the child with his family was of primary importance - unlike today’s State-administered system of bureaucratic red tape, and drugging programs that will damage a child for the rest of his or her life and ultimately alienate him from his family.
Marriage licenses were never required prior to the
early 1900s, also known as the “Devolutionary Period”.
The only requirement for a legitimate marriage was that the couple be
married by an official minister of God, and place their intentions to marry in a
public place, such as a church, parish, or town meeting house for all to see.
That notice was then to be filed with the county clerk.
No license, or certificate was required. Even today, Maine authorizes
those in the Quaker communities and similar religious organizations to marry
according to their own rules, without a marriage license, and simply record the
act of marriage with the town clerk. All
couples considering marriage should decide in advance if they wish to form a
union under God, or under man. Now
that the facts regarding man’s plan have been established, a couple can make a
more educated decision.
Notes:
1.
The Laws of Maine, 1821, Chapter 70, section 5.
2.
An Introduction to Roman Law, ©1962 Barry Nicholas, pp. 80-81
3.
By stating, “...By the authority vested in me by the State of ________,
I now
pronounce you husband and wife.”
4.
Meyer v. Nebraska, 262 US 390, 399
5.
Maine Revised Statutes, 2004, Title 19-A, §656(2)
6.
Maine Revised Statutes, 1916, Ch. 64, Sec. 5
7.
The American Federal State, ©1903 Roscoe Lewis Ashley, page 367
8.
American Government, © 1935 Frank Magruder, Ph D., page 69
9. UCC, §7-202