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PostPosted: July 7th, 2016, 1:47 pm 
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Joined: February 24th, 2016, 8:29 pm
Posts: 563
Greetings friends, allies, and fellow scholars.

I have returned from my sojourn back to the Old World. After having been welcomed by all of you, and after having reunited Greater Minerva, I opted to return to the place of my birth, Mercury Isle, also birthplace of the Empire, to spread news of good tidings.

I worked closely with our sages and scholars, and have managed to restore in its entirety the version of the Constitution that stood prior to my predecessor's dissolution. There seems to be no precedent for assuming the dissolution of Greater Minerva, but one Kingdom of the Empire, would for any reason render the constitution null and void, which introduces an interesting set of topics worthy of communal reflection.

I am raising this topic in this separate space, prior to bringing it to the official Courts and Parliament of the Empire, because I thought it be best for the Empire's scholars, intelligentsia, religious, community and populace elements to review the following documents and comments carefully first.

I will separate the topics into a few sections:

1) On Divinity, Ancient Rite, and Organic Law.

The Empire has an ancient and timeless history, and has been legitimized by this grounding. We are not simply a patchwork or union of nations; we are indeed the custodians of the cosmic spirit of Hermertia itself.

Few legal scholars, at least of old, will dispute the two primary principles that have grounded the Empire. The first is Ancient Rite, which is the concept that our Emperor is the representation of Objectivity, and has delegated subjective divinity to the Kings, which has further delegated divinity to noble classes therein. This divinity is not a product of nor was borne from the Mercurian Empire itself, but was inherited from the Empire of Man, and the Ibrahimic Empire before it. That is, the Ancient Rite is timeless.

The second is Organic Law. This is the principle that our legal system is living and has a soul, and is not static or limited to statutes. The duty of judges, legislators, and even the Council of the Crown is to 'interpret' Organic Law in modern terms. That does not mean laws cannot change, but rather, they do so under the principle that they are aligned with the spirit of the Empire, and its people.

Both principles are well and deeply cited by the library, and the ancient body of knowledge and academia that is in the process of being brought back to the New World.

I have a secondary document to share related to this, which came directly from the library and has as its date of origin the Cycle of the Owl:

23rd Regent of the Empire, Legal Scholar:

Quote:
Organic Law of the Living Constitution, also known as the 'Organic Law principle', grants the Council of the Crowned and internationally recognized judicial institutions the authority to legislate under the context outlined herein. Principally, Organic Law is one of the core principles inherent within the Mercurian Empire's judicial and philosophical system.

This system is immutable. I hereby clarify the legal system based on Mercurian Organic Law, as it always has been. Mercurian Organic Law assumes that practices and covenants, including non-written covenants, are laws, and are much like social or cultural laws (one does not need a law codified in order for it to be wrong and punishable, provided they are aligned with the timeless spirit of the Empire and its peoples). Although, the limits and due diligence placed upon those attempting to prosecute through Organic Law, without statutes, are indeed great.

The state is guaranteed to be a council of voting kings, and never a single entity. A style of checks and balances, if you will, sort of exists in this way. And most critically, the voice of citizens also play a strong role in this model. These perspectives, plus an appreciation for legal tradition and the narrative of connected judicial precedents, help clarify Organic Law.

Punishments for abuses against organic laws can only be validated by the vote of the kings, which in effect codifies the law. This means laws exist, by 'practice', and it is up to the kings to determine if said charges against potential criminals are 'within reasonable and probable grounds to likely have been be a breach in organic law, aka, common rite, societal practice, and communal law'


Why do I cite this principle? Because it sets an important legal concept.

We have the Constitution in its entire form, ready to be shared with the Empire. But many mercannum have passed since it was last reviewed. Some newcomers to the land, or sons/daughters of older heroes, will surely and understandably argue the old Constitution has no merit, and should be redrafted to be deemed valid.

I would contend this interpretation is not only incorrect, but is itself unconstitutional and against the spirit of the Empire. Because we are still the same Empire, and have as our legitimacy our history, we cannot cast aside the constitution. Doing so puts into question the very validity of our Kings' and other noble classes' divinity,

I would like to contend, as a single voice, and open it up to debate, that we treat the constitution as follows:

Given the current constitution is a mental facsimile of the original, and given the Organic Law nature of our system, it is therefore reasonable to expect the Constitution to remain in effect in spirit. What does 'in spirit' mean though in practice?

I would suggest the following guidelines for interpreting the Constitution in modern eyes:

1) If the Old Constitution clarifies laws, rights, and procedures that are still in effect, but otherwise there is no discrepancy between the old and new, that the Old Constitution with its greater details is recognized as still in effect.

2) If the Old Constitution and the current facsimile constitution have discrepancies, the new wording/laws should take priority over the older wording. Where this is most apparent is in the division of powers related to ascension of laws.

3) If the Old Constitution covered principles not at all present in the current facsimile, the old principles should, by Organic Law and Ancient Rite, still be valid and applied.

4) Where we find some of these older procedures too antiquated, even if they are not in dispute with modern laws, we should take the effort to reform and REMOVE/AMEND the old laws. This is the opposite of assuming old laws should be ADDED/AMENDED to the current form.

As such, I am not claiming the old constitution is in its entire form pure and valid, but rather, we should carefully massage and reflect and compare the old and new, and find the right balance.

With this preamble set, and with these forward thoughts established, I, with great excitement, am happy to share the Constitution as it was....


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PostPosted: July 7th, 2016, 2:02 pm 
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The Indoles Carta

I. Preamble

Civilized development goes through stages; some are predictable, all are idiosyncratic, but they are also all unavoidable. Our end goal is harmony, adventure and glory; a place to express community project. But it will take many cycles of philosophical development to get there. At first we were completely barbaric, enslaved by a race hungry for divinity. We broke free from those shackles to build our own institutions of divinity, only to find ourselves recalcitrant and unwilling to challenge the preconceived perspectives we defined ourselves by in our liberation from bondage. Eventually, from the ashes of previous cycles, we find ourselves closer to our end goal than ever before. Underpinning this journey is the timelessness of divinity, and our sometimes folly, sometimes noble pursuit to understand it. We are a living constitution, and our Empire is founded upon Organic Laws and Ancient Rites, the two core principles we have inherited from the Empires before us.

II. Constitutional Empire

The Mercurian Empire is officially and without abrogation the sole representative of divinity, having inherited that from Ancient Rite and upheld through Organic Law. This has been formulated and actualized in the form of a glorious Constitutional Empire, by the grace of our Emperor. Hereafter, we recognize the Constitutional Rights, Duties and Divisions of Powers:

III. Elections and Titles

Election of the Emperor

Only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, can elect the Emperor. The Emperor is elected by a clear majority (50% plus 1). A failure to elect a majority will result in the office being temporarily held by the Regency Council, headed by the Regent of the Empire, King of Greater Minerva. The Regency Council will have its sole duty the establishment of ongoing elections until a clear majority is found. The Emperor remains in power until his or her death.

Recognition of a new King

Only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, can recognize Kings as official peers in their Council. A King is elected by a clear majority (50% plus 1). A Kingdom remains divine and eternal once recognized, although inactive crowns may be forced to leave their seat in the Council vacant until their activity returns.

Recognition of a new Duke

A Duke can be recognized under two circumstances. First, if they are settling in uncharted land: Only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, and de jure (official) Dukes, recognized as sitting members of the House of Dukes, can recognize other Dukes as official. A Duke and their Duchy is recognized if they receive official endorsement from a clear majority (50% + 1) from the Council of the Crowned, OR, if they receive endorsements from 33% +1 votes from the Council of the Crowned as well as a clear majority (50%+1) in the House of Dukes at the same time. Doing so makes the Council of the Crowned their official liege. Second, if they are looking to be recognized as Dukes under an existing official Kingdom, then they simply need a public and official recognition and endorsement from their liege.

Recognition of a new Count

A County can be recognized under two circumstances. First, if they are settling in uncharted land: Only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, and de jure (official) Dukes, recognized as sitting members of the House of Dukes, can recognize Counts as official. A Count and their County is recognized if they receive official endorsement from a clear majority (50% + 1) from the Council of the Crowned, OR, if they receive endorsements from 33% +1 votes from the Council of the Crowned as well as a clear majority (50%+1) in the House of Dukes at the same time. Doing so makes the Council of the Crowned their official liege. Second, if they are looking to be recognized as Counts under an existing official Kingdom or Duchy, then they simply need a public and official recognition and endorsement from their liege.

Recognition of a newcomer as a Serf

Only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, and de jure (official) Dukes, recognized as sitting members of the House of Dukes, can official welcome new Serfs to Hermertia. A Serf is welcome and awarded full status as such, including full rights established herein, after receiving a clear majority (50%+1) from the Council of the Crowned, OR, receive 33%+1 of the votes from the Council of the Crowned as well as at the same time a bill is passed by the House of the Dukes endorsing the Serf.

IV. Divisions of Powers

The Council of the Crowned, Tabling and Ratifying Law

Only the Council of the Crowned can pass international laws. Any de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, can present any law to the Council of the Crowned for debate and ratification. Bills passed by the House of Dukes can be introduced to the Council of the Crowned, and if they do a vote from all active Council members is mandatory. A law is passed if the Council members, de jure (official) Kings, vote with a clear majority (50%+1). If it is a law involving crimes and punishment, they must be moved to the Imperial Criminal Code. If it is a law involving international trade and diplomacy, it must be moved to the Imperial Code of International Relations.

Constitutional Amendment

If the Council aims to amend the constitution, which includes the sections outlined herein, as well as the Carta of Rights and Freedoms, it needs to receive support from Council members, de jure (official) Kings, with a vote of 66% +1, as well as a clear majority (50%+1) from members of the House of Dukes, de jure (official) Dukes. This does not extend to criminal, international, diplomatic or any other laws passed outside the scope of this constitution.

The House of Dukes, Tabling and Vetoing Law

The House of Dukes cannot pass international law, nor can they pass law that is mandatory across other duchies. The House of Dukes can pass bills that can be presented to the Council of the Crowned, and as established in Section IVa., must mandatorily be voted on and debated if they are. The House of Dukes can veto any and every law passed by the Council of the Crowned, provided they receive 66%+1 votes of the total number of voting seats.

Laws and rights exclusive to Kings, or the Highest Authority in a given land

De jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, or the highest legal authority in a given land, are explicitly and legally permitted to pass laws related to domestic transportation infrastructure, major military holdings, major ports, and diplomatic offices, meaning they could legally ask a vassal to make room for strategic holdings of infrastructure if needed, provided said plans do not require unnecessary, unwarranted and grossly unfair destruction of vassal property.

Laws and rights exclusive to legal holder of a particular noble title, regardless of which title

Only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, de jure (official) Dukes, recognized as sitting members of the House of Dukes, and de jure Counts as recognized by their liege are considered noble title holders. Every noble title holder is entitled to sovereign right to autonomous buildings, which means a liege cannot take away or destroy a vassal holding without due process. In the case of breaches in these rights, a judge and/or jury decides the definition of due process on a case-by-case basis. The destruction of any sovereign lands gives the victim the immediate rights to taking the case before a Imperial Criminal Court. If either party are unsatisfied with the determinations in the Imperial Criminal Court, either can appeal the case before the Council of the Crowned. Due process includes cases such as, but not limited to, when the holdings are linked to excessive crimes that their liege has caught their vassal committing, a new King comes to power and receives the mandate from his people and vassals to undergo significant Kingdom-wide reforms, if the holdings are impeding absolutely necessary infrastructural projects as defined by seciton IVc, or if there is an exchange of land or borders in the case of treaties of war or international diplomacy that cut across specific holdings.

V. Judicial

Eligibility for Jury

Only noble title holders are eligible to be members of the Jury. That means, only de jure (official) Crowned Kings, recognized as sitting members of The Council of the Crowned, de jure (official) Dukes, recognized as sitting members of the House of Dukes, and de jure Counts as recognized by their liege. During any Imperial Criminal Court proceedings, any active holder can opt to sit in as a jury member and cannot be denied this role if they request it. Should there be no jury, the judge will be the sole deliberator.

Appointing the Judge and Attorneys

If the Emperor is present, and opts to participate, then the Emperor is automatically the judge. Should the Emperor not be present, if the Regent is present, he/she is automatically the judge. Should neither the Emperor or the Regent be present, then any active Council of the Crowned member, de jure (official) King, can volunteer to be a judge. Should there be no volunteers, the case will need to be adjourned until another time. Any active Council of the Crowned member, de jure (official) King, or active House of Dukes member, de jure (official) Duke, can volunteer to be the crown prosecutor, whose responsibility is to represent criminal cases brought against defendants. Anyone with a noble title can volunteer to represent the defendant should the defendant agree, or the defendant can represent themselves.

Deliberation and Adjudication

Cases are brought before the International Criminal Court, and the main participants gather before the case begins. The Judge will mediate affairs, and are entitled to unique styles and approaches, but all cases must give the jury, the defendant, the crown prosecutor, and judge fair and reasonable room for discussion, but the judge has the right to cut statements short if they become burdensome to the trial. If a jury is present, they are entitled to have the second-last word. The defendant is entitled to the third-last word should there be a jury, or second-last word if not. The Judge is entitled to the final word and sentence, but agree in mind, body and spirit to fully uphold their commitment to representing the case fairly and in the interest of the Empire, and our founding ideals. The word of the common-folk must be represented by the Judge, be it through the jury or not.

VI. Contractual Law

There is no international status, recognition or legal protection of contractual law. This is left to bilateral treaties or national/county law.

VII. Citation

This Part of the Indoles Carta may be cited simply as the Indoles Carta.


The Indoles Carta of Rights, Freedoms, and Duties

1. Spirit of Hermertia and the Mercurian Empire

The Indoles Carta of Rights, Freedoms and Duties guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in accordance with our goals as a Constitutional Empire and in accordance with our Ancient Rite, the recognition of peace, order, good governance and project as unalienable principles and as being at the very fundamental core to the spirit of the Mercurian Empire and the people of Hermertia. It is the duty of all Hermertians to acknowledge and protect the rights identified herein:

2. Fundamental Rights, Freedoms and Duties

Everyone has the following fundamental freedoms:

a) freedom of conscience and religion;

b) freedom of thought, belief, opinion, and expression, including freedom of the press and other media communication;

c) freedom of peaceful assembly; and

d) freedom of association.

3. Mobility Rights

Every citizen of Hermertia, regardless of their rank or allegiance, has the right to enter, remain and leave any region or realm of Hermertia. Additionally, every citizen of Hermertia has the right to move to and take up residence in any region provided they accept the legal owner of said territory as the highest authority in that land, and assuming the rights of the owner as outlined in Section IV of the Indoles Carta are respected. This right does not afford the citizen the right to assuming or converting their property into legal noble holdings with international recognition, as the processes outlined in Section III of the Indoles Carta cannot be circumvented. Additionally, the mobility rights above subject to any national laws (passed by the highest authority) of general application in force and effect in a region other than those that discriminate among persons, and are subject to any laws providing for reasonable residency requirements as qualification for the receipt of protection or liege-funded social services.

4. Legal Rights

Everyone has the right to life, liberty, and the security of the person, and the right not to be deprived thereof except in accordance within principles of fundamental justice. Everyone has the right not to be subject to unreasonable search or seizure and not to be arbitrarily detained or imprisoned, except in those cases outlined in Section IV of the Indoles Carta. Everyone has the right, upon arrest, to be informed of the charge without unreasonable delay, to be tried within a reasonable time, and is to be presumed innocent until proven guilty according to law, both international and domestic, in fair and public hearing by an independent and impartial tribunal. If finally acquitted or found guilty of the offense, a person is not to be tried or punished for it again, except in the case that a mistrial can be confirmed due to emerging evidence that was absent during the initial adjudication.

5. Trial and Punishment

Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

6. Equality Rights, Before and Under the Law

Accepting the limitations subject within the Indoles Carta, every individual, regardless of rank, is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on religion, creed, race, national or ethnic origin, colour, sex, age or mental or physical disability. As a right equal before the law, this right comes before the right to freedom of expression. That is, freedom of expression is not a justifiable defense for the infringement or alienation of ones right to equality from discrimination. Therefore, hate-speech could be considered a breach of right to equality from discrimination and could be considered a crime, subject to the interpretations of the Judge on a case-by-case basis.

7. Communication with Public Officials

Any member of the public in Hermertia has the right to communicate with, and to receive available services from, any head or central office of an institution of the government of Mercurian Empire, including both legislative houses.

8. Enforcement

Similarly to Section IVd of the Indoles Carta regarding infractions of noble rights, anyone whose rights or freedoms, as guaranteed by this Carta, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

9. Mercurian Commoners

The guarantee in this Carta of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal treaty or other rights or freedoms that pertain to the aboriginal peoples of Old Hermertia (known as Mercurians) or the aboriginal peoples of New Hermertia (known as New Hermertians).

10. Other rights and freedoms not affected by Carta

The guarantee in this Carta of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Hermertia.

11. Multicultural heritage

This Carta shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Hermertians.

12. Citation

This Part of the Indoles Carta may be cited as the Indoles Carta of Rights, Freedoms and Duties.

This concludes the two sections of the Indoles Carta, the Constitution of the Mercurian Empire.

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.

International Rules of War Act

Definition of war

Wars are completely restricted to personnel combat (Which means trying to kill your opponent or his allies), and when absolutely necessary, military targets (loosely defined). This rule gets slippery during long wars or wars over boundaries, but the destruction needs to be limited to the disputed areas and the attackers should be aware that the Council of the Kings will be monitoring such attacks carefully and will declare some as terrorism if necessary. This means you should not attack, under any circumstances, homes, major infrastructure (except to leave a small hole to slow your enemy travel), no damaging domestic factories, or even their natural landscape like forests. Consider the citizens when at war! Stealing is generally permitted, but only if it punishes the title-holder, and not the settlers (npcs, villagers, etc) as a whole. Again, overtly aggressive attacks will be subject to review after words.

Aggressive wars

These can be legal. If you declare it openly then you cannot be punished for starting the war. But it is then up to you to cobble together support from allies. However, starting an aggressive war without strong ally support, years worth of campaigning, and legitimate grounds, it is almost certainly the case that aggressive wars will be viewed negatively by the international community. This means you could find few allies, and could face a likely and swift defeat at the hands of those you attempted to take advantage of, for they will likely find many allies.

Defensive wars

If you find attacks or major griefs in your land, you can declare a war and post a REQUEST FOR SUPPORT. Unlike an aggressive invasion, you can almost always expect support from kings, and perhaps even from the Council of the Crowned as a whole.

Illegal wars

Deciding to attack someone without declaring it formally to the commons is either a) grounds for an immediate invasion of your lands, with a possible Total War being declared. or b) your attacks are declared terrorism, which is grounds for the worst of the worst punishments (including exile or even ban).

Total War

The rarest of wars. Sometimes the Council of the Crowned can call for a vote for a Total War, which legalizes the pillage of a realm. While usually wars are restricted to military targets and personnel combat, total war enables invaders to bomb and sabotage as they wish (and steal as they wish).

Upon death

If you die during a war (and this includes falling to death all by yourself) stop playing. A representative of the Council of the Crowned, if online, will /jail you. If no representative is online at the time, be sure to log off on the spot. Others, be sure to screenshot deaths so war participants cannot deny it when they fall. The vanquisher will determine the jail, but if the person died on their own, it is the person who called the war, or called the defence who gets to decide which jail to send them.

Ending a war

One by one, as allies in the war get locked up, get ready to negotiate. Sometimes this takes a single day of combat, other times it takes weeks and weeks or years. To win a war: all of your opponents need to die or surrender. Wars do not pause when players log off, but this is thanks to these strong rules of war that prevent sensless destruction of civilians during war (a war crime). The terms of war should be clear at the outset of the conflict, otherwise you run the risk of not attracting allies, or run the risk of being accused of triggering unwarranted destruction without rational cause. As such, by the time of negotiations, active parties and watchers from the sidelines alike should be able to fairly easily predict the terms that will be negotiated at the outset of a war. For example, if you are calling for a defensive war, your capture of your enemy will probably trigger reparation payments and/or jail time for previous crimes that triggered the war. Or alternatively, if after years of careful campaigning there is a strong case to be made for shifting a vassal to a new liege, and one is able to secure legitimate allies and can call an aggressive war somehow without looking like a tyrant, than it will be predictable that at the outset of the war, should they win, that they would want to capture the targeted vassal.

Mercurian International Criminal Code

Illegality of Duping

Duping of any material is prohibited and illegal. Players will be charged upon immediate discovery of duping allegations and the duped items will be immediately confiscated. Duping refers to the use of glitches and exploits to duplicate items, and not the automation of the production of goods. That is, this act does not cover redstone innovations that do not exploit glitches.

Illegality of Vandalism

The vandalism of any players property is prohibited and illegal. Players will be charged if the victim of said vandalism decides to press charges. Vandalism refers to any form of "griefing".
Defence of Person

(1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he/she uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend themselves.

(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if he/she believes, on reasonable grounds, that he/she cannot otherwise preserve themselves from death or grievous bodily harm.

(3) Every one is justified in using force to defend themselves or any one under their protection from assault, if he/she uses no more force than is necessary to prevent the assault or the repetition of it.

Assault

A person commits an assault when without the consent of another person, he/she applies considerable force intentionally to that other person, directly or indirectly, enough to cause the depletion of hearts. Everyone who commits assault is guilty of an indictable offence and is liable to imprisonment, seizure, and reparations.

The Do Not Be a Dink Act: On Contempt for the Community and Empire

As outlined in the Indoles Carta of Rights, Freedoms and Duties, all Hermertians have an obligation and duty to recgonize, acknowledge and protect the rights identified therein.

(1) A person who willfully and intentionally ignores these duties can be charged of being in Contempt of the Community and Empire (summary charge), and is liable to token reparations and community service.

(2) A person who willfully and intentionally undermines the rights, freedoms and duties of the Indoles Carta as well as the unwritten spirit of Hermertia and the Mercurian Empire, is guilty of Contempt of the Community and Empire (indictable offense) or in severe cases Treason.

Culpable Homicide

Culpable homicide is defined as causing the death of a person; by means of an unlawful act; by criminal negligence; or by causing that person, by threats or fear of violence or by deception, to do anything that causes their death.


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PostPosted: July 7th, 2016, 2:03 pm 
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Note: at least traditionally, the Constitution (indoles carta) is separate from the later acts, like criminal codes. They also had slightly different amendment requirements.


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PostPosted: July 7th, 2016, 3:51 pm 
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I apologize if I have seemed to hold a position that would want to ignore or do away with the old laws of the land, lost in the dark places of the Imperial Library during the Dark Age that we have been out of for over a Thoannum now. Now, scholars from Minerva have found these old and organic laws, and all of us interested in the law must study them, respect them, and decide what to do.

In respecting that, what it seems must happen is that the Council must discuss how to reintegrate - meaning votes must take place to integrate or perhaps remove sections of this old and revered document to adjust for the current Golden Age of the Empire we are surely entering.

The scholars in Acholm have received their copy, and are all giddy like some Tiberton beggars in a candy shop.

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PostPosted: July 7th, 2016, 4:17 pm 
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I agree! It's going to be a really enlightening and fulfilling exercise to review all these as a collective and community. Curious to see where discussions go!


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PostPosted: July 7th, 2016, 4:29 pm 
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I am going to, in piecemeal, share interesting observations to invite reflection.

Interestingly enough, as it stands, there seems to be no requirement that the Emperor be a king! Fascinating. Although standing rules dictate only kings can elect him/her. Indeed interesting, I'm rather surprised.

Although, I guess historically, the emperor when it was a hereditary family was never a king, but instead from an insular group.


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PostPosted: July 7th, 2016, 4:34 pm 
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Another observation, the new law renaming serfs makes sense, but the term vassal runs into problems, as vassals are defined as anyone under anyone. But this was clarified when brainstorming yesterday. The legal term for serf would probably become 'non-noble vassal'


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PostPosted: July 7th, 2016, 4:36 pm 
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Of predicted debate will be the mobility laws, and oft cited source of conflict.

Did you know, it appear in the past no holder could stop anyone else from taking up residence in their land, provided they meet certain requirements? (like taxation, and have no right to ownership if they hold no title there). Interesting. This was to prevent insular coalitions from appearing that would threaten imperial unity, if I had to wager a guess. I don't recall who or why this mobility provision was stressed.


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PostPosted: July 7th, 2016, 4:38 pm 
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Another insight: lieges are not allowed to tear down the builds of their noble title-holding vassals (what were called serfs did not gain this protection), except in specific cases (like infrastructure, national mandate, etc)


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PostPosted: July 7th, 2016, 4:48 pm 
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The Regent wrote:
Another observation, the new law renaming serfs makes sense, but the term vassal runs into problems, as vassals are defined as anyone under anyone. But this was clarified when brainstorming yesterday. The legal term for serf would probably become 'non-noble vassal'


Sounds accurate

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