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PostPosted: August 23rd, 2016, 4:17 am 
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Greetings!

Next on the chopping block for community review of the Old Laws - the assembly of laws including the Carta, the Criminal Code, and all other Acts and Laws, currently being termed the Imperial Codex - is the Act of Definitions: Noble Titles and Legal Holdings. The original language, salvaged from the Old World Imperial Libraries, is below.

Enjoy!

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Act of Definitions: Noble Titles and Legal Holdings

Citizens of the planet of Hermertia are all Mercurian

By Imperial Decree, the Pax Mercuria Commandment, all are in some ways and some scales representatives of the covenants of divinity, meaning all lands discovered throughout Hermertia were always, are always, and will always be the legitimate sovereign territory of the Empire before anything else. All lands discovered are philosophically granted entry into the Empire, although by practical necessity, such as immigration rules, protecting society from vagrants, and to prevent over-stretching Imperial resources, the application of this universality is subject to gradualism.

Counts

Holders and protectors of local plots of land, equivalent to regional municipalities or counties, are known as Counts. Counts are important nobles that historically convey an approximate rank intermediate between the highest titles of nobility and the lowest titles of nobility. The rank evolved from the formalization of high ranking courtiers and provincial officials during the Cycles of the Snake and Owl, but was constitutionalized during the founding of the New Hermertian colonies to help better decentralize governance. It is the duty of counts to be the protectors of local municipalities, coming with unique rights and privileges such as being able to form vassalage relationships with serfs to form growing municipalities. Counties can include smaller holdings like baronies (castles), temples, councillorships, cities and towns, and while extremely important, none of these titles are considered noble. Successful counts can control multiple counties but musts choose a primary title when they do, and can sometimes become lords of many independent barons, bishops, councilors and mayors over the course of their evolution. Counts can be independent micro-nations (with the Council of the Crowned as their liege), or Counts can serve under a Duke or King. Counts serve the respected and admirable role of helping serfs find their first homes and educating serfs about how they can become counts of their own one day. Equivalent or localized versions of the name include but are not limited to, Earldom, Shire, Graf, Xian, Comte, Megye, Shahrestan, Fylke, or Fief.

Dukes

Holders and protectors of vast lands, combined out of many counties, are amongst the most important rulers in Hermertia. Also known as nations or states, Duchies evolved from ancient Mercurian practice of settling new lands by empowering trusted leaders and peoples. Governors of realms in the Cycle of the Owl for example served the same purpose. Counties and holdings are brought together under a single flag and national identity to form large Duchies as a way to help strategically coordinate macro-governance necessary for spread apart peoples to thrive. Dukes are glorious and respected nobles in the Mercurian Empire for the embody the spirit of Hermetia, that is, the promotion of vision, culture, glory, project and community. Duchies are usually built out of 3 to 10 Counties. Dukes can control multiple Duchies (sometimes becoming known as a Grand Duchy), but they must choose a primary title when they do. Dukes can either be independent (with the Council of the Crowned as their liege), or Dukes can serve under a King.

Kings

Kings are divine rulers recognized by the Emperor, the legitimizer and objectivity of the Empire’s will of force and wisdom of truth. Historically, the first Kings were recognized as divines within the greater divine, an act to actualize the subjectivity of objectivity. Because the Emperor is a symbol of pure objectivity, s/he is unable to represent the will of truth in actuality or in practice. This has therefore been the delegated purpose, duty, and honor of the divinity of the Kings. Kingdoms are divine and eternal, although to uphold the principle of subjective application of objectivity, the nature, rules of ascension, laws and more are subject to the spirit of the wills and characters therein. The Kings are the most holy and absolute authorities in practice. Only the Emperor, derived from the Ancient Rite, can recognize Kings, and any King not recognized by the Emperor or Empire is not legally a Kingdom. Kings are the most trusted to uphold the traditions, spirit, and values of history, philosophy and truth.

Regent

The Regent is the steward, secretary, and intermediary between the Emperor and the Empire. The Regent is therefore unable to ever be recognized as Emperor, and will always be sworn to servitude to said Emperor. The duties of the Regent include the facilitation of elections, or the conservation of the Empire status, even in the absence of the Emperor. It is the sole spirit and nature of the Regent to balance conservativism and progressivism, by balancing the voice and traditions of the Emperor and the aspirations of Mercurian subjects. The Regent is therefore bound by the laws of divinity, and is not free to rule entirely as s/he wishes, except in his/her duties as King or any other official office title. By Imperial Decree, the Pax Mercuria Commandment, the Regent is also High-Lord representative of the divine wisdom and courageous will of Mystical Reflectivism, a state-endorsed (but not mandated) religion.

Emperor

Truth, objectivity, philosophy, honor, grounding, and meaning are all derived from the Ancient Rite. From the Ibrahimic Empire, to the Empire of Man, these secrets have been passed down by a sole representative since the beginning of time. The Emperor is the Mercurian Empire’s connection to past truths, philosophies, and meaning, for the Emperor is timeless. As such, the Emperor is a representation of objectivity, and not subjectivity. The application of truth is left to the divine authority of the Kings and the powers delegated below to other noble titles. The role of the Emperor is not to interfere with subjective applications of truth, but rather, to be a messenger and symbol of objective and timeless truth. While the Emperor’s word is final, the Emperor, under that authority, will never apply subjective prescriptions, rulings, or changes unless they represent the cosmos and timelessness of truth itself, and therefore, such rulings will be as rare as acts of cosmic awe.

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PostPosted: August 23rd, 2016, 4:46 am 
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We obviously need to remove the Regent section. There's no need for a Regent of the Emperor, and we've already eliminated that from the Indoles Carta.

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PostPosted: August 23rd, 2016, 5:18 am 
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Quote:
Counts serve the respected and admirable role of helping serfs find their first homes and educating serfs about how they can become counts of their own one day. Equivalent or localized versions of the name include but are not limited to, Earldom, Shire, Graf, Xian, Comte, Megye, Shahrestan, Fylke, or Fief.


I do not have a solution for the orange text. I disagree with giving counts the legal responsibilities of helping vassals find their first homes and educating them about becoming counts. That I believe should be up to the vassal's liege.

As per the other part: equivalent or localized versions are realm specific, but the internationally recognized title is "Count".


Quote:
Duchies are usually built out of 3 to 10 Counties


My (pedantric) suggestion is that: duchies are usually built out of a minimum of 3 Counties.

Quote:
Kings are divine rulers recognized by the Emperor, the legitimizer and objectivity of the Empire’s will of force and wisdom of truth.
the spirit of the wills and characters therein.


The emperor should not be given this right, and the language should be reflected to meet the current standards that the Emperor has no extra legal power.

Quote:
The Kings are the most holy and absolute authorities in practice. Only the Emperor, derived from the Ancient Rite, can recognize Kings, and any King not recognized by the Emperor or Empire is not legally a Kingdom.


Once again this should be reflected with the current status of the Emperor: Only the unanimous vote of the Council can recognize Kings.

Quote:
Regent Section

Needs to be removed as Regent of the Empire is not an actual thing no more.

Quote:
From the Ibrahimic Empire,


Doesn't make sense in current canon lore, why would the elves pass down their secrets of emperor to their former slaves?

Quote:
while the Emperor’s word is final, the Emperor, under that authority, will never apply subjective prescriptions, rulings, or changes unless they represent the cosmos and timelessness of truth itself, and therefore, such rulings will be as rare as acts of cosmic awe.


This needs to be scrapped as well. This section [The Emperor Section] needs to be updated to reflect the current Emperor standards.

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PostPosted: August 23rd, 2016, 5:23 am 
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Darius wrote:
Quote:
Counts serve the respected and admirable role of helping serfs find their first homes and educating serfs about how they can become counts of their own one day. Equivalent or localized versions of the name include but are not limited to, Earldom, Shire, Graf, Xian, Comte, Megye, Shahrestan, Fylke, or Fief.


I do not have a solution for the orange text. I disagree with giving counts the legal responsibilities of helping vassals find their first homes and educating them about becoming counts. That I believe should be up to the vassal's liege.

As per the other part: equivalent or localized versions are realm specific, but the internationally recognized title is "Count".


Quote:
Duchies are usually built out of 3 to 10 Counties


My (pedantric) suggestion is that: duchies are usually built out of a minimum of 3 Counties.

Quote:
Kings are divine rulers recognized by the Emperor, the legitimizer and objectivity of the Empire’s will of force and wisdom of truth.
the spirit of the wills and characters therein.


The emperor should not be given this right, and the language should be reflected to meet the current standards that the Emperor has no extra legal power.

Quote:
The Kings are the most holy and absolute authorities in practice. Only the Emperor, derived from the Ancient Rite, can recognize Kings, and any King not recognized by the Emperor or Empire is not legally a Kingdom.


Once again this should be reflected with the current status of the Emperor: Only the unanimous vote of the Council can recognize Kings.

Quote:
Regent Section

Needs to be removed as Regent of the Empire is not an actual thing no more.

Quote:
From the Ibrahimic Empire,


Doesn't make sense in current canon lore, why would the elves pass down their secrets of emperor to their former slaves?

Quote:
while the Emperor’s word is final, the Emperor, under that authority, will never apply subjective prescriptions, rulings, or changes unless they represent the cosmos and timelessness of truth itself, and therefore, such rulings will be as rare as acts of cosmic awe.


This needs to be scrapped as well. This section [The Emperor Section] needs to be updated to reflect the current Emperor standards.


We discussed all of this in Discord, and I agree with Darius' post.

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Runner Up of the Glas Claddach Boat Building Competition
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PostPosted: August 23rd, 2016, 5:39 am 
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In the course of the original discussion concerning the modernization of the Imperial Codex, I offered a proposed modernized draft of the above Act; it removes obsolete definitions, mildly reworks some wording so as to be more accessible, and adds language to reflect new changes we have made and new legal ideas we have raised. Significant changes are highlighted in red.

Discussion and debate is, as always, supremely encouraged and appreciated!

------

Act of Definitions: Noble Titles and Legal Holdings

Citizens of the planet of Hermertia are all Mercurian

By Imperial Decree, all lands discovered throughout Hermertia were always, are always, and will always be the legitimate sovereign territory of the Empire before anything else. All lands discovered are philosophically granted entry into the Empire, although by practical necessity the application of this is subject to gradualism.

Quote:
Traditional, ceremonial language that guarantees that all lands of Hermertia belong to the Empire. Mildly reworked, hopefully meeting with approval, to make this language a bit more accessible and understandable to all.


Counts

Holders and protectors of local plots of land recognized by the Empire as Counties are known as Counts. Important regional nobles, the rank evolved from the formalization of high ranking courtiers and provincial officials during the Cycles of the Snake and Owl, but was constitutionalized during the founding of New Hermertia to help better decentralize governance. It is the duty of counts to be the protectors of local communities, coming with unique rights and privileges such as being able to form vassalage relationships with vassals to form growing regions. Counties may include multiple smaller holdings and settlements within one jurisdiction. Counts may oversee multiple Counties (sometimes adopting the term, equivalent in rank and privilege, of Grand County), but they must choose a primary title when they do so. Counts may be lords of either independent holdings (with the Council of the Crowned as their liege) or holdings inside of an established realm under a Duke or King.

While the titles of 'County' and 'Count' are the land and rank legally defined and recognised by the Empire, alternative, localized, and equivalent titles for the land and the individual may be recognized and employed in formal diplomatic channels.

Quote:
Very mildly reworked for clarity.


Dukes

Holders and protectors of vast regions Duchies formed from multiple counties, Dukes are amongst the most important nobles of the Empire. Evolving from the ancient Mercurian practice of settling new lands by empowering trusted regional leaders, with influential Governors of realms in the later Cycle of the Owl serving the same purpose, today groupings of generally 3-10 counties are brought together under a single identity to form large Duchies as a way to strategically coordinate governance. Dukes are respected and influential nobles in the Mercurian Empire for they embody the spirit of Hermetia: the promotion of collaboration, project, and community. Dukes may oversee multiple Duchies (sometimes adopting the term, equivalent in rank and privilege, of Grand Duchy), but they must choose a primary title when they do so. Dukes may be lords of either independent holdings (with the Council of the Crowned as their liege) or holdings inside of an established realm under a King.

Quote:
Very mildly reworked for clarity.


Kings/Queens

Kings and Queens are rulers of the great Kingdoms of the Merucian Empire, sitting members of the Council of the Crowned and eternally recognised as divine. Once recognized as a the ruler of a Kingdom under the Council of the Crowned, Kings and Queens will forever retain the divinity though may be recognized as inactive and/or be subject to dissolution at the discretion of the Council of the Crowned. The highest legal authorities of the Empire, the members of the Council of the Crowned may only be recognised through the unanimous consent of all active sitting members of the Council of the Crowned; they may stand for election to the position of Emperor of the Empire, are dedicated to reflecting the will of the peoples of Hermertia, and have sworn to uphold the spirit and values of the Empire.

Quote:
Mildly reworked for clarity.


Emperor/Empress

The Emperor or Empress of the Mercurian Empire is the representative of the divinity of the Council of the Crowned, elected from within the ranks of the Council and equal in rights and abilities to each of the sitting members of the latter. In this role, the Emperor/Empress holds the responsibility of performing tasks on behalf of the Council of the Crowned, including but not limited to the crowning of newly ascended Kings/Queens to the Council and the delivering of announcements on behalf of the Council. 

The Emperor/Empress also holds the responsibility of acting as sociocultural ambassador for the Empire, representing the diversity and community of the Empire and fostering community ties and development. In this role, the Emperor/Empress holds the responsibility of representing the community in specific instances, including but not limited to officiating cultural events such as the Imperial Games, introducing communal initiatives and lore events, and travelling the Empire to foster development and cooperation.


Quote:
Reworked to be in accordance with the new laws we have passed to redifine the position and duties of Emperor.

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PostPosted: August 23rd, 2016, 2:15 pm 
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Looks good Nicholas. Nothing I dont like within there. Seems as though you've got everything covered.

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PostPosted: August 23rd, 2016, 2:42 pm 
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A lot of people here are posting from either republics IRL, or have little idea of how constitutional monarchies work. The Emperor, just like the Queen of Britain for example, is the sole representative of divinity and the 'legitimizer' of decisions. The queen appoints the governer general, and ascends parliament. The queen passes the budget and the opening mandate. The queen does all this without a reference to her as an ambassador or ceremonial role, despite the fact she is all of these things. In practice, the queen only selects governer generals selected by sovereign parliaments. In practice, the queen only ascends parliament elected by sovereign law. Etc. But by stripping the queen of the legality or divinity of this role, you essentially strip a land of its constitutional crown and replace it with a republic.

As a result, I am against the stripping of the language for the emperor. The Acts of Definitions is NOT statutory. It DOES NOT prescribe laws or powers. It only gives a philosophical meaning and base to the empire. If you want to make the Act of the Definitions aligned with current 'practices', rather than philosophy, then my recommendation is to SCRAP THE ENTIRE ACT.

No sense keeping it if you are just repeating powers from the division of powers and indoles carta.

I'm not currently voting for this bill in its form, but other kings probably will, so feel free to ignore me.

I don't want us to be a republic, because we are not one. Creating an "ambassador" emperor, in essence, in reality, in actuality, in symbolism, in philosophy, makes us a republic. And since I am a proud member of the Council, it is my sworn duty to argue against such language changes.

Of course, a few of my peers are going to vehemntly disagree with me, if not even share fairly rude toned responses to my passage here. I only ask of you to understand where the conservative voices are coming from, and that I ASSURE YOU, I may be the most vocal, but I am not alone.

Remove the entire act, or keep it as a philosophical act. That's my strong recommendation. Do not make us a republic, because if you did, what basis or fundamental will and force does international law have? What is to stop players and realms from disobeying the other realms solely on the basis that they are 'independent kingdoms with no authority higher than their own'. Also, what of our history and traditions?

This is my appeal, as a defender of our history and traditions.


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PostPosted: August 23rd, 2016, 2:54 pm 
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The purpose of the acts was to reference "where we came from", not, "where we are or where we are going". If we no longer feel a document reflecting the basis (philosophical and spiritual) for our various noble titles, then a fair question because "what is the point of an Act of Definitions".

The Definitions are hundreds of years old, steeped in history, not statutory and shaped by specific laws of the day. That's also why the prescribed no actual powers at all. It was a "reference Act", not a statutory act. That's a big difference. I understand how it happened, but it is possible the community lost site of the original purpose of this act.

Since we are trying to "modernize" our reality, it makes little sense to statutorily redefine our definitions (because that is hardly objective, divine, historical, grounded). I thoroughly insist asking "what do we need the Acts of Definitions" for, if we are not maintaining our past anyway. Scrap the Act, and let the Indoles Carta, which is now ratified, do the work of defining powers and responsibilities. We can retain old definitions of noble titles and their history and original purpose in the Library, so not all history will need to be lost. But since we are disconnecting abruptly from our past definitions, we do not need this Act.


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PostPosted: August 23rd, 2016, 4:54 pm 
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I was hoping that someone would illuminate what I had perhaps been missing, thanks for the heads up Regent.

So from what I understand, having a purely 'ceremonial' Emperor as defined by law does not constitute us as an Empire? I might be getting a little lost in absorbing your post but I do want to understand so that I might better have a working understanding of just what is being put forward, why its being put forward and whether we need it. Or if it needs to be changed in some fashion.

Thanks for taking the time to read this and provide your feedback!

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PostPosted: August 23rd, 2016, 5:12 pm 
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The Regent wrote:
A lot of people here are posting from either republics IRL, or have little idea of how constitutional monarchies work.


Well good thing this is a fantasy minecraft server!

The Regent wrote:
The Emperor, just like the Queen of Britain for example, is the sole representative of divinity and the 'legitimizer' of decisions. The queen appoints the governer general, and ascends parliament. The queen passes the budget and the opening mandate. The queen does all this without a reference to her as an ambassador or ceremonial role, despite the fact she is all of these things. In practice, the queen only selects governer generals selected by sovereign parliaments. In practice, the queen only ascends parliament elected by sovereign law. Etc. But by stripping the queen of the legality or divinity of this role, you essentially strip a land of its constitutional crown and replace it with a republic.


Again, this is a fantasy minecraft server. We can be a little flexible with terms.

The Regent wrote:
As a result, I am against the stripping of the language for the emperor. The Acts of Definitions is NOT statutory. It DOES NOT prescribe laws or powers. It only gives a philosophical meaning and base to the empire. If you want to make the Act of the Definitions aligned with current 'practices', rather than philosophy, then my recommendation is to SCRAP THE ENTIRE ACT.


Obviously the Empire has changed, and for the better. We've moved from an Oligarchal Quasi-Constitutional Monarchy to an Elective Monarchy not totally unlike the Holy Roman Empire.

The Regent wrote:
No sense keeping it if you are just repeating powers from the division of powers and indoles carta.


I agree with this, there's a lot of fluff in the Imperial Codex that could be trimmed.


The Regent wrote:
I don't want us to be a republic, because we are not one. Creating an "ambassador" emperor, in essence, in reality, in actuality, in symbolism, in philosophy, makes us a republic. And since I am a proud member of the Council, it is my sworn duty to argue against such language changes.


I disagree, we've moved to an Elective Monastic Multi-Ethnic Empire not unlike the HRE.

The Regent wrote:
Of course, a few of my peers are going to vehemntly disagree with me, if not even share fairly rude toned responses to my passage here. I only ask of you to understand where the conservative voices are coming from, and that I ASSURE YOU, I may be the most vocal, but I am not alone.


Writing stuff like this isn't very mature. It's purposely inflammatory.

The Regent wrote:
Do not make us a republic, because if you did, what basis or fundamental will and force does international law have?


1. Making the Empire an Imperial Republic doesn't mean international laws have no value. That's a fallacy.

2. It's not a Republic, it's an Elective Monarchy.

The Regent wrote:
What is to stop players and realms from disobeying the other realms solely on the basis that they are 'independent kingdoms with no authority higher than their own'. Also, what of our history and traditions?


The Council of the Crowned is the ultimate authority, and Council members are equals in that power. The Emperor is but the Council's figurehead.

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