Court Reports

2019-06-09T18:34:43Z

Joncreek:

List of Criminal Offences

2019-06-04T20:08:00Z

Joncreek: added liao trade law

==Overview==
The definitions of the crimes are brief, but this reflects the laws of the setting. Crimes are based on simple principles and are addressed by following the spirit of the law rather than complex technical arguments. The magistrates will do their best to interpret and apply the law with the pursuit of justice and the imperial interest as their goal. Justice is intended to be swift but fair and to be available to all without the need for lawyers to interpret what the law means to the ordinary citizen. Please note that the law usually refers to a "person" but who actually benefits from protection under the law can be found [[Imperial_Law_Overview|here]]. Any exceptions to this are referred to explicitly in the definitions below e.g. for treason.

==Crimes against the Person==
* Murder: Unlawful assault or other action against a person with intent to kill and which results in someone’s death.
* Manslaughter: Unlawful assault or other action against a person which results in someone’s death.
* Assault: Unlawfully striking a person.

There is a traditional defence to an assault charge which applies where unwelcome visitors who refuse to leave your camp are cut down, removed from camp and then provided with sufficient medical assistance to avoid permanent injury. One who is accused of assault but wishes to claim this defence should plead not guilty if it goes to trial. However, if the magistrate decides that the accused’s behaviour was unreasonable they will be found guilty.

Remember that persons who consent to do so can fight each other without fear of legal sanction, provided that nobody is seriously hurt and they are not causing a public order issue.
* Mayhem: Unlawfully maiming or mutilating a person.
* Poisoning: Introducing or applying a poisonous substance or effect to a person which causes them harm.
* False Imprisonment: Unlawfully detaining a person against their will. Suspects must be directly supervised during any period of lawful custody.
* Malsanguino: Willfully preventing someone from receiving medical attention with the intention of causing them harm.
Note that malsanguino does not apply where somebody simply refuses to provide medical attention.
* Slavery: Unlawfully holding the power of life and liberty over any person. The direct [[Amend_crime_of_slavery|purchase]] and sale of slaves is also illegal but this does not encompass the repatriation or ransoming of Imperial citizens.

It is worth noting that [[Orc|orcs]] were redefined as people when they became [[Imperial Orcs|a nation of the Empire]]. Whether a person is a citizen or not is irrelevant, so it is also illegal to enslave barbarian orcs. In Winter 382 the constitution was amended as part of the [[Ratify_Liberty_Pact|Liberty Pact]] to define hylje and daeva as people.

A note on piracy: Although there is currently no crime specifically relating to acts of piracy, in practice this activity falls under the crimes of assault, theft, criminal damage, murder and so on. Be aware that acts of piracy committed against [[Imperial_Law_Overview#Individuals and the law|foreigners]] by imperial citizens will be investigated as criminal acts.

==Crimes of Property==
* Theft: Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it. The burden is on the accused to satisfy the magistrate as to their intention to return the property.
* Handling Stolen Goods: Receiving or disposing of goods which you know or believe to be stolen.
* Counterfeiting: The falsifying, or unlawfully creating or amending of an imperial document or legal tender.
* Criminal Damage: Unlawfully destroying or damaging any property either belonging to another person or to the Empire. Magistrates often refuse to bring to trial cases involving accidents or claims of negligence, preferring such cases to be held in the civil courts. Criminal damage to Imperial property is almost always dealt with in the criminal courts however.
* Possession or supply of controlled substances or items: this includes both illegal narcotics and items. It is illegal to carry the substance [[Legacy of Thorns#Gutwrench|gutwrench]]. The [[Potion#Poisons|poisons]] created by [[Surgical skills#Apothecary|apothecaries]] using the lores of [[The Assassin's Gate]] and [[The Winter Moon]] are likewise illegal. The blasphemous [[:Category:Musical_Instruments|musical instruments]] known as Drums of Strife, Harbinger of Chaos, and Horns of Madness are also illegal. The [[Create_law_prohibiting_Bite|drug "Bite"]] is also illegal. [[Scorpion's Sting]] daggers were legalised in Winter 378.
*[[Outlaw Vallorn cultivation|Vallorn cultivation]]: It is illegal to cultivate vallorn. Note: Magical interactions with Vallorn may fall under the Conclave's constitutional remit to ensure the fit and proper use of magic in the service of the Empire. Magistrates who investigate a potential offence of Vallorn cultivation will seek expert testimony from the Conclave in cases where the position is unclear. For example, planting or tending a vallorn is very likely to be interpreted to be vallorn cultivation but harvesting magical ingredients from a naturally occurring vallorn pod may or may not be.
*[[Outlaw foreign True Liao trade|Trade of True Liao to foreigners]]: It is illegal to trade [[Liao#True, or Imperial, Liao|True Liao]] to anyone who is not an Imperial citizen. [[Amend_law_regarding_foreign_True_Liao_trade|However]], the distribution of True Liao by the gatekeepers of virtue, for no payment, does not constitute "Trade" for this purpose.
* [[Ratify_treaty_with_the_Iron_Confederacy|Ban Liao trade to the Iron Confederacy]] It is illegal for imperial citizens to sell or trade liao to the Iron Confederacy via ports or the Suranni-Imperial border.

==Crimes of Position==
* Treason: Aiding barbarians, [[Amity_and_emnity|eternals]] or foreign powers to act against the interests of the Empire. Committing an assault against the emperor or empress. Only citizens and former citizens of the Empire may be charged with treason. There is some magistrate's guidance on interactions with eternals [[treason guidance|here]]. We do not prosecute bona fide ransoms for exchange of prisoners as such prosecutions are judged not to be within the imperial interest.
* Impersonation of an Imperial Official: Falsely and dishonestly claiming to be a senator, civil servant, member of the militia etc. Any person who with intent to deceive impersonates an official of the Empire or does any act calculated falsely to suggest that they are, shall be found guilty of this crime.
* Dereliction of Duty: Volunteering for an imperial duty and then failing to carry it out through neglect or cowardice. Members of the Militia are expected to act in accordance with their duties when they observe a crime in progress or about to occur. Those who take the battlefield and then show conspicuous cowardice in the face of the enemy may also be tried for this offence. This offence does not relate to the abuse of an imperial position, which is within the remit of the Synod.
* Membership of the organisation known as the [[Vyig]] is [[Create_law_outlawing_the_Vyig|illegal]]. Furthermore, possession of Vyig tattoos is illegal and such tattoos will be defaced in addition to any other punishment.

==Crimes against the Processes of the State==
* Contempt of Court: any behaviour which impedes the proper operation of the legal process. For example, being disruptive during a trial or disrespectful of the magistrate's authority, failing to attend court (or any other relevant meeting with a magistrate), and failing to obey the lawful order of a magistrate.
* Perverting the Course of Justice: any behaviour calculated to unduly affect the course of the judicial process. For example, bearing false witness, making false allegations, concealing offences or assisting others to evade arrest, interference with witnesses or evidence and evading, withholding or perverting a lawful punishment.
* Subverting agencies of the state: any behaviour which contravenes or subverts the constitutionally protected procedures or powers of an agency of the state.

''For example:'' rigging or ineligible participation in the national election of senators (such as a yeoman disguising their identity to enter a tourney to determine the person who may select Dawnish senators), a senator entering the General’s tent to interfere with their military strategies, a member of the synod being refused the right to witness (without cause), a failure to attend lawful inquisition and so on. This crime does not apply to the abuse of constitutionally granted powers by the person or body who is entitled to wield them.

* Resisting Arrest: Any course of action with the intent to oppose a lawful arrest.
* Contravening a [[Declaration#Declaration of Sorcery|Declaration of Sorcery]]: breaching the [[Declaration#Declaration of Sorcery|prohibitions]] placed upon a sorcerer is a serious crime.
* Contravening a [[Declaration#Declaration of Interdiction|Declaration of Interdiction]]: breaching the [[Declaration#Declaration of Interdiction|prohibitions]] placed upon interdicted magic is a serious crime.
*Improper placement of an aura on the senate building: The placing of an aura on the senate building without prior explicit permission from the Senate.
*Improper placement of an aura on the civil service hub: The placing of an aura on the civil service hub without prior explicit permission from the magistrates and civil servants.

==Religious Crimes==
Religious crimes are tried by a magistrate but are raised by the [[Imperial Synod]].
* [[Religious_Crimes#Idolatry|Idolatry]]: Subsuming human will and destiny to any inhuman entity or force. This includes the worship, veneration or exaltation of any such being or power.
* [[Religious_Crimes#Blasphemy|Blasphemy]]:The denigration of the paragons and the paths of virtue. This includes promoting false virtues and the teachings, or example, of false exemplars or False Paragons.
* [[Religious_Crimes#Heresy|Heresy]]: The willful rejection, or perversion of, the orthodox Doctrines of the Faith as laid down by the Imperial Synod, or actively teaching and promoting false doctrines.
* [[Religious_Crimes#Abuse_of_Powers|Abuse of Powers]]: The misuse, or abuse, of the powers of a priest. This includes the powers of the Synod, as well as liao ceremonies.
* [[Religious_Crimes#Desecration|Desecration]]: The removal of spontaneously created virtuous auras such as legacies of ascendance to paragonhood. This includes such auras arising on areas and objects, and on those people who do not wished them removed The magistrates' interpretation is that in order for this law to accord with constitutional principles it must be tried as a religious crime and accordingly any prosecution requires condemnation by the appropriate synod assembly.

==What isn’t a criminal offence?==
* '''Fraud:''' Dishonesty calculated for personal gain. However be aware that a victim might raise a civil case in these circumstances.
* '''Blackmail:''' Using threats to make a gain or to cause a loss to another.
* '''Slander and Libel:''' Making disparaging and false statements about another in public.
* '''Use of magic:''' Using magic on another person is never in and of itself a crime. However if the effect of the magic meets the definition of a crime then the fact that this effect was achieved by magic is no defence. ''For example,'' a curse of poverty doesn't meet the definition of any criminal offence but a death curse most certainly does. The Conclave are responsible for overseeing the proper operation of magic and have powers which allow them to take action against those who use it inappropriately.

==Five things about criminal offences==
* '''Attempt to Commit a Crime:''' An attempt to commit a crime will be tried in the same way as if they had committed the crime but may (or may not) result in a lesser sentence.
* '''Aiding and Abetting of Crime:''' Encouraging, soliciting or helping with the perpetration of a crime. This will be tried in the same way as if the accused had committed the crime but may (or may not) result in a lesser sentence.
* '''Consent:''' It is possible for willing participants to give consent so that what would otherwise be crimes being committed against them are not. ''For example:'' two individuals who have agreed to spar with weapons would not be guilty of assault for striking each other. It is considered wise to make such terms clear in the event that there is a disagreement later. While duelling is permitted it is not possible to consent to your own murder (but a priest for the surviving party might make a plea for clemency based on the reasons for the duel).
* '''Lawful Arrest:''' If an ordinary citizen or member of the militia who believes another person has committed a crime apprehends them, then the law provides some protection against crimes (for example, assault) associated with this act. However, if a magistrate decides that their actions were disproportionate or that it was not reasonable to believe that the person apprehended had committed a crime then this protection will not apply. If a citizen wishes to claim this defence at trial then they should plead not guilty.
* '''Self-defence:''' If a person reasonably believes that their property or the safety of themselves or others is in immediate jeopardy then they may use reasonable force in order to protect them. If someone wishes to claim this defence at trial then they should plead not guilty. The magistrate will determine whether their behaviour was reasonable and if she decides that it was not then the accused will be found guilty. Claims of self-defence will also fail where the accused is already engaged on a course of criminal activity or is subject to lawful arrest. Using a claim of self-defence to justify protecting a barbarian will very likely fail unless the Magistrate is satisfied that the accused reasonably believed that the victim was entitled to [[Imperial_Law_Overview#Individuals and the law|protection under the law]].

==Further Reading==
* You can learn more about the Non-Player Character and Player Character officers of the law [[Officers of the Law|here]].
* You can learn more about how trials are conducted [[Criminal trial|here]].
* You can learn more about civil trials and claims against fellow citizens [[Civil Claims|here]].
* You can gain a more detailed overview of Imperial law [[Imperial Law Overview|here]].

[[Category:The Law]]
[[Category:The Empire]]

Imperial Constitution

2019-06-04T19:59:55Z

Joncreek: changed definition of people

==Overview==
The Constitution was produced at the dawn of the Empire, by the First Empress and her supporters. It is a set of axioms which dictate how the Empire can be governed and the rights of the nations of the Empire and their citizens. Although it is possible to change the Constitution, it is intentionally difficult to do so and impossible until The Throne is occupied. Even then, the NPCs of the [[Scrutiny#Constitutional_Court|Constitutional Court]] must ratify any changes to the constitution or to the way it is interpreted.

==Purpose==
The point of the Constitution is to ensure that Empire remains an enjoyable game to play. Senators have wide ranging powers to change the laws of the Empire, but the Constitution exists to reduce the chance that they use these powers to make the game less enjoyable. It inhibits players from reducing the complexity of the political system and tries to prevent them using undue power in the Senate to punitively victimize disenfranchised groups. Ultimately the Constitution limits the powers of players in the interest of keeping the game fun. Any attempt to change the constitution which we believe will adversely affect the enjoyment of the game will not be ratified by the [[Scrutiny#Constitutional_Court|Constitutional Court]] .

==The Imperial Constitution==
<ic>
In concord with the representatives of our great nations, we declare the founding of our Empire[[#24|(24)]]. Let us be joined together by common destiny; to build a great Empire; to serve and protect its people; to let them prosper and achieve greatness and spread across the face of Creation together in unity.

Let this constitution set out the strong principles upon which our Empire will be founded; to serve as the solid base upon which we will build our glorious undertaking; and to mandate the responsibilities and duties of our people, our nations and our Imperial future.

By signing these accords of Empire we[[#1|(1)]] agree to be joined in a single union to be governed in accordance with the principles of this constitution.

We shall be united in law and policy, but free to maintain the traditions that have made each of us strong. The nations of our Empire will be embodied by the spirit of an egregore, created to preserve its essential character. Our Empire will recognize as citizens those whose oath to accept the culture of a nation; to honour the virtues of the Way, and to support the laws of the Empire[[#2|(2)]], is accepted by those egregore.

To these citizens we will guarantee dignity[[#3|(3)]], freedom[[#4|(4)]], and prosperity[[#5|(5)]]. Each citizen that owns land or property will tithe annually wealth equal to a single crown[[#6|(6)]] to be used in service of the Empire that protects them. Citizens shall not hold more than one high office at a time and must exercise their powers in person[[#7|(7)]]; those whose virtue causes them to be offered numerous Imperial titles must choose between them. In this way no citizen shall accumulate so much responsibility that they consider themselves better than their fellows.

The Throne shall lead the Empire and represent her in all things. It shall be a beacon to her people and a terror to her enemies. Whenever the Throne sits in the great councils laid out in this constitution, then their voice shall carry the greatest weight[[#8|(8)]].

The Civil Service shall serve The Throne and the people, and be bound in oaths of loyalty to the Empire[[#9|(9)]]. They will be civil in their dealings and treat each citizen by their virtues, without prejudice or favour regardless of wealth, nationality or title. They will choose amongst them those who will serve as magistrates, to ensure the law is a friend to no-one but instead the servant and the master of all.

The Senate shall ensure the good governance of the Empire. The Senate will assume responsibility for relations with other nations, for the creation of just laws and for the allocation of Imperial taxes as the Senate sees fit, by majority vote. The confirmation of the Empress's[[#10|(10)]] right to occupy the Throne requires the approval of the greater majority of senators[[#11|(11)]]. Matters of similar weight[[#12|(12)]] require similar consideration and the approval of the Throne and must be ratified by the magistrates to ensure that this constitution is protected[[#13|(13)]].

Each territory of the Empire[[#14|(14)]] will elect a single senator to participate in the Senate, according to the traditions of the nation that claims it. Territorial nationality shall be decided by vote of the existing Senate, where it is legitimately disputed[[#15|(15)]].

The Military Council shall ensure the rigorous defence of the Empire. Each nation in the Empire will raise armies as directed by the Senate. The Senate will appoint a general for each army, but only where the will of the nation in this matter is not clear[[#16|(16)]]. The Military Council will execute the strategy of war without interference from the Senate. If the Throne finds complaint with the worst of their number then she may carry the burden of their office until an acceptable replacement may be found.

The Civil Service will ensure that those who soldier to defend our Empire will be equipped and provisioned to meet this challenge. Citizens who render two year's service to the Military Council will receive 50 acres of land or equivalent wealth or property if land is not to be had.

The Synod shall ensure the virtuous behaviour of the Empire. The Synod will remove from Imperial office those whose behaviour is deemed unvirtuous whether they sit upon the Throne; serve the people in the Senate or on the Military Council or in the Civil Service; or serve within the councils of the Synod itself.[[#17|(17)]] The Synod will ensure the behaviour of individual citizens does not debase the Empire.

Those who stand in the Synod shall express the views of their congregation. The Synod will establish assemblies that each may know their virtue and select the most virtuous amongst them to lead. Voting in the Synod will be performed by such assemblies as are rightfully able to weigh the virtue of an action or individual, in accord with their nationality and authority. The civil service will render to these priests such liao as is needed to minister to their congregation. The Throne and those amongst them with the greatest virtue will be given True Liao to distribute as they see fit, excepting one dose which shall be rendered to whichever citizen has demonstrated the greatest prosperity, in service of the Synod.

The Conclave[[#18|(18)]] shall ensure the fit and proper use of magic in the service of the Empire. They will identify those arcane practitioners whose arts work against the Empire, so that they may be condemned. The Conclave will accord a voice to those citizens who demonstrate command of magic and demonstrate the necessary commitment to the authority of the Conclave. The Conclave will appoint leaders who will assist in the allocation of such resources as are needed to further its aims; it shall be guided by fraternities of magicians under the general aegis of the Senate, and without interference from the Synod[[#19|(19)]].

The Bourse[[#20|(20)]] shall control access to those resources that are essential to the prosperity of any great empire. Appointment to the Bourse shall be established by auction and shall be free of all interference of the Senate, or from the Synod[[#21|(21)]]. Such resources as are already controlled by the Imperial nations shall remain in the careful custody of those Nations; those that are discovered or conquered after the founding of the Empire may be eligible to any Imperial citizens. The funds raised by the Bourse through distribution of its estates will remit what profit they can support to the Senate[[#22|(22)]].

No coin may be accepted that has not been produced in the Mint[[#23|(23)]] and which does not bear the rightful stamp of The Throne.

By these principles, councils, and virtues we agree to be governed in perpetuity; not as chains of unchanging servitude, but as inspiration to exalt us and drive our great endeavour.
</ic>

==Commentary on the constitution==
# {{anchor|1}}One copy of the Imperial Constitution was created for each of the eight nations present at the creation of the Empire. Further copies were created when Urizen and later the Imperial Orcs joined the Empire. All original copies of the constitution are stored in the capital in Highguard.
#{{anchor|2}}The wording to “support the laws” rather than simply uphold or obey the laws is used to justify the requirement for all citizens to render all reasonable service to a magistrate when required.
#{{anchor|3}}The guarantee of citizens' “dignity” is always invoked when citizens or senators attempt to propose motions or laws that would restrict or require particular dress codes or speech. It is occasionally seen as a rebuke for individuals who are perceived to be wasting the Senate's time with frivolous motions.
#{{anchor|4}}The guarantee of citizens' “freedom” ensures that slavery of Imperial citizens is illegal throughout the Empire, but it also prevents incarceration for crimes committed, a punishment common in some foreign nations. The guarantees originally only extended to Imperial citizens, but the joining of the Imperial Orcs to the Empire was conditional on this protection being extended to all ‘people’. It required a constitutional vote of the Senate to change the interpretation of the Constitution such that that guarantee of “freedom” was taken to outlaw all slavery. In Winter 382 the constitution was amended as part of the [[Ratify_Liberty_Pact|Liberty Pact]] to define hylje and daeva as people.
#{{anchor|5}}The guarantee of citizens' “prosperity” is presented by nations like the League and the Brass Coast as proof that the Empress intended citizens to be able to pursue their own wealth and prosperity without consideration for the Empire itself. It has been used countless times to rule unconstitutional motions and laws intended to raise additional taxes for the Senate or to seize control of the estates of the Bourse. As a result taxation remains fixed at levels laid out in the constitution.
#{{anchor|6}}In the original document this amount was rendered as “a measure of silver coin” but was amended when [[Emperor Giovanni]] founded the Imperial Mint and the Empire moved to the modern [[currency]] of rings, crowns and thrones.
#{{anchor|7}}“No citizen shall hold more than one high office at a time” expresses the clear restriction that no citizen can hold two offices of state at one time. All attempts to define individual Imperial titles and positions as outside this restriction have always been ruled to be unconstitutional.
#{{anchor|8}}The phrase “their voice shall carry the greatest weight” has changed interpretation twice since the beginning of the Empire. In the Senate and the Military Council The Throne may veto any motion or vote that has just passed. They may vote normally in the Assembly of Nine but are able to cast an additional deciding vote in the event of any tie. The Throne has never held a position in the Conclave or the Bourse, which allegedly reflects the lesser status of these bodies compared with the Senate, Military Council and Synod. The Bourse does not take decisions as a body, but the Conclave categorically does. Critics of the current situation claim that The Throne's absence from The Conclave reflects the fact that the First Empress possessed no magical abilities; but this raises the prospect of how any occupant of The Throne who did not possess magical abilities might sit in council there. In theory The Throne might nominate a magician to sit in their place, but scholars point out that this would run counter to the spirit of the constitution which requires a citizen be present if they wish to act in their name. In all cases the clause that The Throne must be present to exert their powers remains pivotal. Emperors and Empresses have regularly been forced to choose in which council they will sit; although their power is considerable, it cannot be used after the fact. 
#{{anchor|9}}“Oaths of loyalty to the Empire” - this paragraph establishes the role of the Civil Service. These oaths are rarely spoken of in public, but they are believed to include powerful hearth magic that guarantees the probity of those who serve.
#{{anchor|10}}Although the wording is the same on all copies of the constitution, citizens of any gender are able to assume the Throne.
#{{anchor|11}}Most motions before the Senate are decided by majority vote of those Senators present. The “greater majority of Senators” requires the support of two-thirds of all the senators of the Empire, whether or not they are present or have even been elected.
#{{anchor|12}}“Matters of similar weight” is taken to indicate any law or ruling that would change the constitution or its interpretation, or change the balance of powers between the different bodies of the Empire. The practical implication of this is that while the constitution can be changed, the Senate may only do so by a vote of the greater majority (commonly referred to as a constitutional vote).
#{{anchor|13}}“Founding principles are protected” empowers the Magistrates to refuse to allow changes to the law and the constitution which are deemed to not be in accordance with the founding principles of the Empire. There have been three attempts by the Senate and the Throne to force through the implementation of laws that were deemed unconstitutional since the founding of the Empire; two attempts to increase taxation in the Empire and one attempt to limit the power of the Synod. All three attempts were firmly rebuffed by the Civil Service and were ultimately abandoned.
#{{anchor|14}}The Civil Service use a combination of magic and essential geographic features like rivers and mountain ranges to identify a territory. These are divided into regions. The civil service define a “territory of the Empire” as any territory where the majority of the regions in the territory are under Imperial control. Any territory where the majority of regions are not under Imperial control does not receive representation in the Senate.
#{{anchor|15}}The nationality of a conquered territory has only been disputed once in the history of the Empire, when the city of Holberg surrendered to the League, after the surrounding regions were conquered by Dawnish forces. The ensuing Senate vote confirmed that Holberg would be treated as a League territory. Attempts by Dawnish senators to introduce a motion to over-turn this decision in Dawn's favour were ruled to be unconstitutional, due to the absence of any factors that meant that Holberg's status was “legitimately disputed”.
#{{anchor|16}}The “will of the Nation” is taken to mean the unanimous decision of the senators appointed to represent that nation in the Senate. Only where a unanimous decision cannot be reached does the appointment of the generals fall to a majority vote of the whole Senate.
#{{anchor|17}}The Synod have in the past removed senators, generals, cardinals, civil servants and even an [[Empress_Brannan|empress]]. They do not have the ability to remove the officers of the Conclave; neither do they have the ability to remove citizens from seats on the Bourse.
#{{anchor|18}}These provisions regarding the Conclave were added during the reign of Emperor Giovanni the Peacemaker. Previous references to the Conclave were aspirational - “We shall establish a body of magicians to use magic to strengthen and protect the Empire.” It was not until Giovanni brought the Urizen into the Empire that the Conclave in its current form took shape.
#{{anchor|19}}The Orders of the Conclave are created and dissolved by the Senate, rather than the Synod. The magicians who helped to form the Conclave were adamant in their belief that they should serve the Empire, not the Synod. In theory, a constitutional change could be used to grant the Synod powers over the Conclave, but to date no such attempts have been successful.
#{{anchor|20}}These provisions regarding the Bourse were added during the reign of Emperor Giovanni the Peacemaker. Previous references to the Bourse were aspirational - “We shall establish a market to protect the economic interest of the citizens from those who would exploit or tax them in the name of good government.” The restriction on access to the resources is interpreted to mean access to the mines, forests and other resources which produce mithril, weirwood, white granite and ilium in large quantities, not the actual materials themselves. There are no legal restrictions on the purchase and sale of such materials in the Empire.
#{{anchor|21}}Although the Bourse enjoys immunity from revocation (like the Conclave), its members are still subject to excommunication, as this power is considered to be used against the individual - not the office they hold.
#{{anchor|22}}The paragraph about resources was added during the reign of Empress Mariika, who oversaw an extensive modification of the role and responsibility of the Bourse. She ensured that the profits raised by auctions in the Bourse went to the Senatorial treasury.
#{{anchor|23}}In the original document this amount was rendered as “a measure of silver coin” but was amended when Emperor Giovanni founded the Imperial Mint and the Empire moved to the modern [[currency]] of rings, crowns and thrones.
#{{anchor|24}}In the original document this wording was "In concord with the representatives of the great nation of humanity, we declare the founding of our Empire." It was [[Amend_the_Imperial_Constitution|amended]] by a constitutional vote in Spring 381.

[[Category:The Law]]
[[Category:The Empire]]

Imperial Law Overview

2019-06-04T19:54:23Z

Joncreek: asavean merc work added

This page is intended to provide an out-of-character summary of the Imperial Law; it details the basic principles of the law and the key concepts. Most players should be able to get a general feel for the laws of the Empire from reviewing this page.

==Principles of Imperial law==

The principles of Imperial Law are contained in its constitutional documents. The Imperial Constitution sets out:
* the principles underlying the relationship between the Nations and the Empire and the role of the Imperial Civil Service;
* the organs of the state and their appointed representatives; and
* the principles underlying the relationship between the citizen and the state.

==Key Concepts==

The nations which comprise the Empire are governed by Imperial Law which applies equally everywhere in the Empire. While each nation has its own traditions and customs they are superseded in circumstances where they conflict with Imperial Law. Imperial law is based on principles rather than legalistic precedents set by previous cases.

Any member of the [[Imperial Senate]] may submit a bill or motion to the civil service who will table it for debate by the Senate. There are additional requirements which apply to pass any legislation which amends the constitution. The [[Imperial Synod|Synod]] [[The_Assemblies_of_the_Synod#The_General_Assembly|General Assembly]] have powers to veto legislation, particularly where it changes the constitution.

Those accused of crimes or engaged in civil claims are normally be expected to speak for themselves. Accordingly, there is no tradition of barristers within the Empire. You can play a lawyer who advises their clients about the law, but imperial law is intended to be simple to understand without being an expert.

Magistrates are non-player characters who are accorded wide-ranging discretionary powers under the constitution to investigate and try those accused of crimes and arbitrate in civil disputes. We will ''never'' run plot in Empire involving the corruption of magistrates or any other NPC civil servants.

The [[Imperial Synod]] have a number of [[Judgement|legal powers]] which they use in furtherance of their role to ensure the spiritual wellbeing of the Empire. They also have a key role to play in the prosecution of [[Religious_Crimes|religious crimes]].

==Individuals and the law==

All characters in Empire will fall into one of the following broad categories in relation to the law:

* Citizens of the Empire must fulfil their obligations to the State and in return they receive associated rights, including protection under Imperial law.
* The child of an Imperial citizen has the full protection of the law as if they were a citizen. Until a child becomes a citizen their parents or guardians are responsible in law for any criminal or civil offences that they commit.
* Barbarians are defined as anyone with whom the Empire is at [[Powers_of_the_Imperial_Senate#Declaration of War|war]]. They have no recourse to Imperial Law (with one major exception, see below) but they may be the subject of it. [[eternal|eternals]] and the heralds of eternals who are the subject of a [[Amity_and_emnity|declaration of enmity]] by the [[Imperial Conclave]] are considered enemies of the Empire and treated as barbarians. Unauthorised dealings with barbarians is illegal and will be investigated as treason. More information, including a list of eternals currently under enmity, can be found [[Amity_and_emnity|here]].
* Any [[Amend_law_of_delegation_protection|delegations]] from barbarian nations who arrive on the field of anvil under a flag of peace have protection under the law as if they were imperial citizens for the duration of their visit and for their direct passage out of the empire.
* Broadly, foreigners are any person who is neither a citizen nor a barbarian. Foreigners are subject to the law and are accorded protection by it as if they were a citizen, but they do not otherwise enjoy the benefits of citizenship. However, eternals, and the heralds of eternals, are not treated as foreigners (thereby receiving protection under the law) unless they are the subject of a [[Declaration#Declaration of Amity|declaration of amity]] made by the [[Imperial Conclave]].
* If a citizen forswears their oath to their [[Egregores|Egregore]] and thereby ceases to be a citizen they become a foreigner (and so still benefit from the protection of the law). Citizens and former citizens who fight against the Empire will (if feasible) be tried for their crimes, rather than be treated as barbarians. Humans of the Mourn are granted full [[Create_law_of_protection_for_humans_in_Mournwold|legal protection]].
* It is legal to send military units to support either suppress or support the uprising in [[Legalise_Asavean_mercenary_work|Asavea]].

==Five things about Imperial Law==

* There is no right to silence for those accused of crimes. When questioned by a magistrate or deputised member of the militia in furtherance of their duties an accused must answer. If they do not a magistrate may draw an adverse inference. All citizens who witness crimes are expected to promptly inform either a member of the militia or a magistrate. Concealing crimes or assisting others to evade arrest is a serious offence.
* There are no prisons in the Empire. Those accused of crimes are usually released upon swearing an oath that they will attend their trial at the time set by the magistrate. Thief-takers will be ready to recapture them for a reward if they abscond.
* A citizen cannot be punished for saying that they will do something (which is illegal) before they have done it. Accordingly there are no laws which prohibit blackmail, threats of violence and so on. However, anything a citizen says may be used in evidence against them. So if a citizen threatens to kill someone and that person is then murdered, their death threats are potential evidence.
* [[List_of_Criminal_Offences#Crimes against the Person|Slavery]] is illegal in the Empire.
* Magistrates will use their absolute discretion as to what evidence they will consider when coming to their verdict. So a magistrate might choose to hear out a particular witness's testimony, or they may stop, redirect or dismiss them, entirely as they see fit.

==Further Reading==
* You can learn more about the Non-Player Character and Player Character officers of the law [[Officers of the Law|here]].
* You can learn more about how a [[criminal trial]] is conducted [[criminal trial|here]].
* You can learn more about civil trials and claims against fellow citizens [[Civil Claims|here]].
* You can review the list of current criminal offences [[List of Criminal Offences|here]].

[[Category:The Law]]
[[Category:The Empire]]

Court Reports

2019-04-22T22:08:01Z

Joncreek:

Court Reports

2019-04-22T21:39:42Z

Joncreek:

Court Reports

2019-04-22T21:13:43Z

Joncreek:

This page links to the court reports for Anvil in recent years. These will be added to and updated as time goes on. For the most recent court report please refer to IC publications that carry them or come to the Hub (where the militia are based).

*[[Anvil_court_report_for_Summer_382|Anvil Court Report for Summer 382]]
*[[Anvil_court_report_for_spring_382|Anvil Court Report for Spring 382]]
*[[Anvil Court Report for Winter 381]]
*[[Anvil Court Report for Autumn 381]]
*[[Anvil Court Report for Summer 381]]
*[[Anvil Court Report for Spring 381]]
*[[Anvil Court Report for Winter 380]]
*[[Anvil Court Report for Autumn 380]]
*[[Anvil Court Report for Summer 380]]
*[[Anvil Court Report for Spring 380]]
*[[Anvil Court Report for Winter 379]]
*[[Anvil Court Report for Autumn 379]]
*[[Anvil Court Report for Summer 379]]
*[[Anvil Court Report for Spring 379]]
*[[Anvil Court Report for Winter 378]]
*[[Anvil Court Report for Autumn 378]]
*[[Anvil Court Report for Summer 378]]
*[[Anvil Court Report for Spring 378]]

Court Reports

2019-04-22T18:39:24Z

Joncreek:

Imperial Constitution

2014-04-13T12:52:55Z

Joncreek: to bring note 17 into line with the recent conclave changes

{{stub}}

==Overview==
The Constitution was produced at the dawn of the Empire, by the First Empress and her supporters. It is a set of axioms which dictate how the Empire can be governed and the rights of the nations of the Empire and their citizens. Although it is possible to change the Constitution, it is intentionally difficult to do so and impossible until The Throne is occupied. Even then, the NPC Magistrates of the Constitutional Court must ratify any changes to the constitution or to the way it is interpreted.

==Purpose==
The point of the Constitution is to ensure that Empire remains an enjoyable game to play. Senators have wide ranging powers to change the laws of the Empire, but the Constitution exists to reduce the chance that they use these powers to make the game less enjoyable. It inhibits players from reducing the complexity of the political system and tries to prevent them using undue power in the Senate to punitively victimize disenfranchised groups. Ultimately the Constitution limits the powers of players in the interest of keeping the game fun. Any attempt to change the constitution which we believe will adversely affect the enjoyment of the game will not be ratified by our NPC magistrates.

==Changes to Imperial Law==
The Senate has the power to introduce new laws or to change existing laws. Any suggested changes are assessed by the Imperial Civil Service to see how they accord with the Imperial Constitution. A proposal may be consistent with the Constitution or inconsistent with the Constitution (in the latter case the motion is described as having constitutional implications).

* A motion that is consistent with the constitution can be passed by majority vote of the senators present.
* A vote that has constitutional implications requires the approval of two-thirds of all current senators in the Empire and must be authorized by The Throne and approved by three senior Magistrates.

Any character may discuss a proposed motion with the functionaries of the Senate to try to find a way to make it consistent, or stop it being inconsistent with the Constitution. They will offer advice as best they can. There is no right of appeal however, as the functionaries are NPCs. Their decisions are made in the interests of keeping the game enjoyable, they are not made so as to create plot when players disagree with them.

Where a motion with constitutional implications is passed and ratified the civil service will amend the constitution as necessary and add any relevant notes for interpretation to their commentary of it.

==The Imperial Constitution==
<ic>
In concord with the representatives of the great nations of humanity, we declare the founding of our Empire. Let us be joined together by common destiny; to build a great Empire; to serve and protect its people; to let them prosper and achieve greatness and spread across the face of Creation together in unity.

Let this constitution set out the strong principles upon which our Empire will be founded; to serve as the solid base upon which we will build our glorious undertaking; and to mandate the responsibilities and duties of our people, our nations and our Imperial future.

By signing these accords of Empire we[[#1|(1)]] agree to be joined in a single union to be governed in accordance with the principles of this constitution.

We shall be united in law and policy, but free to maintain the traditions that have made each of us strong. The nations of our Empire will be embodied by the spirit of an egregore, created to preserve its essential character. Our Empire will recognize as citizens those whose oath to accept the culture of a nation; to honour the virtues of the Way, and to support the laws of the Empire[[#2|(2)]], is accepted by those egregore.

To these citizens we will guarantee dignity[[#3|(3)]], freedom[[#4|(4)]], and prosperity[[#5|(5)]]. Each citizen that owns land or property will tithe annually wealth equal to a single crown[[#6|(6)]] to be used in service of the Empire that protects them. Citizens shall not hold more than one high office at a time and must exercise their powers in person[[#7|(7)]]; those whose virtue causes them to be offered numerous Imperial titles must choose between them. In this way no citizen shall accumulate so much responsibility that they consider themselves better than their fellows.

The Throne shall lead the Empire and represent her in all things. It shall be a beacon to her people and a terror to her enemies. Whenever the Throne sits in the great councils laid out in this constitution, then their voice shall carry the greatest weight[[#8|(8)]].

The Civil Service shall serve The Throne and the people, and be bound in oaths of loyalty to the Empire[[#9|(9)]]. They will be civil in their dealings and treat each citizen by their virtues, without prejudice or favour regardless of wealth, nationality or title. They will choose amongst them those who will serve as magistrates, to ensure the law is a friend to no-one but instead the servant and the master of all.

The Senate shall ensure the good governance of the Empire. The Senate will assume responsibility for relations with other nations, for the creation of just laws and for the allocation of Imperial taxes as the Senate sees fit, by majority vote. The confirmation of the Empress's[[#10|(10)]] right to occupy the Throne requires the approval of the greater majority of senators[[#11|(11)]]. Matters of similar weight[[#12|(12)]] require similar consideration and the approval of the Throne and must be ratified by the magistrates to ensure that this constitution is protected[[#13|(13)]].

Each territory of the Empire[[#14|(14)]] will elect a single senator to participate in the Senate, according to the traditions of the nation that claims it. Territorial nationality shall be decided by vote of the existing Senate, where it is legitimately disputed[[#15|(15)]].

The Military Council shall ensure the rigorous defence of the Empire. Each nation in the Empire will raise armies as directed by the Senate. The Senate will appoint a general for each army, but only where the will of the nation in this matter is not clear[[#16|(16)]]. The Military Council will execute the strategy of war without interference from the Senate. If the Throne finds complaint with the worst of their number then she may carry the burden of their office until an acceptable replacement may be found.

The Civil Service will ensure that those who soldier to defend our Empire will be equipped and provisioned to meet this challenge. Citizens who render two year's service to the Military Council will receive 50 acres of land or equivalent wealth or property if land is not to be had.

The Synod shall ensure the virtuous behaviour of the Empire. The Synod will remove from Imperial Office those whose behaviour is deemed unvirtuous whether they sit upon the Throne; serve the people in the Senate or on the Military Council or in the Civil Service; or serve within the councils of the Synod itself[[#17|(17)]] The Synod will ensure the behaviour of individual citizens does not debase the Empire.

Those who stand in the Synod shall express the views of their congregation. The Synod will establish assemblies that each may know their virtue and select the most virtuous amongst them to lead. Voting in the Synod will be performed by such assemblies as are rightfully able to weigh the virtue of an action or individual, in accord with their nationality and authority. The civil service will render to these priests such liao as is needed to minister to their congregation. The Throne and those amongst them with the greatest virtue will be given True Liao to distribute as they see fit, excepting one dose which shall be rendered to whichever citizen has demonstrated the greatest prosperity, in service of the Synod.

The Conclave[[#18|(18)]] shall ensure the fit and proper use of magic in the service of the Empire. They will identify those arcane practitioners whose arts work against the Empire, so that they may be condemned. The Conclave will accord a voice to those citizens who demonstrate command of magic and demonstrate the necessary commitment to the authority of the Conclave. The Conclave will appoint leaders who will assist in the allocation of such resources as are needed to further its aims; it shall be guided by fraternities of magicians under the general aegis of the Senate, and without interference from the Synod[[#19|(19)]].

The Bourse[[#20|(20)]] shall control access to those resources that are essential to the prosperity of any great empire. Appointment to the Bourse shall be established by auction and shall be free of all interference of the Senate, or from the Synod[[#21|(21)]]. Such resources as are already controlled by the Imperial nations shall remain in the careful custody of those Nations; those that are discovered or conquered after the founding of the Empire may be eligible to any Imperial citizens. The funds raised by the Bourse through distribution of its estates will remit what profit they can support to the Senate[[#22|(22)]].

No coin may be accepted that has not been produced in the Mint[[#23|(23)]] and which does not bear the rightful stamp of The Throne.

By these principles, councils, and virtues we agree to be governed in perpetuity; not as chains of unchanging servitude, but as inspiration to exalt us and drive our great endeavour.
</ic>

==Commentary on the constitution==
# {{anchor|1}}One copy of the Imperial Constitution was created for each of the eight nations present at the creation of the Empire. Further copies were created when Urizen and later the Imperial Orcs joined the Empire. All original copies of the constitution are stored in the capital in Highguard.
#{{anchor|2}}The wording to “support the laws” rather than simply uphold or obey the laws is used to justify the requirement for all citizens to render all reasonable service to a magistrate when required.
#{{anchor|3}}The guarantee of citizens' “dignity” is always invoked when citizens or senators attempt to propose motions or laws that would restrict or require particular dress codes or speech. It is occasionally seen as a rebuke for individuals who are perceived to be wasting the Senate's time with frivolous motions.
#{{anchor|4}}The guarantee of citizens' “freedom” ensures that slavery of Imperial citizens is illegal throughout the Empire, but it also prevents incarceration for crimes committed, a punishment common in some foreign nations. The guarantees originally only extended to Imperial citizens, but the joining of the Imperial Orcs to the Empire was conditional on this protection being extended to all ‘people’. It required a constitutional vote of the Senate to change the interpretation of the Constitution such that that guarantee of “freedom” was taken to outlaw all slavery.
#{{anchor|5}}The guarantee of citizens' “prosperity” is presented by nations like the League and the Brass Coast as proof that the Empress intended citizens to be able to pursue their own wealth and prosperity without consideration for the Empire itself. It has been used countless times to rule unconstitutional motions and laws intended to raise additional taxes for the Senate or to seize control of the estates of the Bourse. As a result taxation remains fixed at levels laid out in the constitution.
#{{anchor|6}}In the original document this amount was rendered as “a measure of silver coin” but was amended when [[Emperor Giovanni]] founded the Imperial Mint and the Empire moved to the modern currency of rings, crowns and thrones.
#{{anchor|7}}“No citizen shall hold more than one high office at a time” expresses the clear restriction that no citizen can hold two offices of state at one time. All attempts to define individual Imperial titles and positions as outside this restriction have always been ruled to be unconstitutional.
#{{anchor|8}}The phrase “their voice shall carry the greatest weight” has changed interpretation twice since the beginning of the Empire. At present, in the Senate, and the Military Council, where each member has only a single vote, the phrase is used to indicate that The Throne may veto any motion or stratagem that is proposed. In the Synod, where voting is weighted by the size of an individual's congregation, The Throne wields one more vote than those accorded to the largest congregation present. The Throne has never held a position in the Conclave or the Bourse, which allegedly reflects the lesser status of these bodies compared with the Senate, Military Council and Synod. The Bourse does not take decisions as a body, but the Conclave categorically does. Critics of the current situation claim that The Throne's absence from The Conclave reflects the fact that the First Empress possessed no magical abilities; but this raises the prospect of how any occupant of The Throne who did not possess magical abilities might sit in council there. In theory The Throne might nominate a magician to sit in their place, but scholars point out that this would run counter to the spirit of the constitution which requires a citizen be present if they wish to act in their name. In all cases the clause that The Throne must be present to exert their powers remains pivotal. Emperors and Empresses have regularly been forced to choose in which council they will sit; although their power is considerable, it cannot be used after the fact. 
#{{anchor|9}}“Oaths of loyalty to the Empire” - this paragraph establishes the role of the Civil Service. These oaths are rarely spoken of in public, but they are believed to include powerful hearth magic that guarantees the probity of those who serve.
#{{anchor|10}}Although the wording is the same on all copies of the constitution, citizens of any gender are able to assume the Throne.
#{{anchor|11}}Most motions before the Senate are decided by majority vote of those Senators present. The “greater majority of Senators” requires the support of two-thirds of all the senators of the Empire, whether or not they are present or have even been elected.
#{{anchor|12}}“Matters of similar weight” is taken to indicate any law or ruling that would change the constitution or its interpretation, or change the balance of powers between the different bodies of the Empire. The practical implication of this is that while the constitution can be changed, the the Senate may only do so by a vote of the greater majority (commonly referred to as a constitutional vote).
#{{anchor|13}}“Founding principles are protected” empowers the Magistrates to refuse to allow changes to the law and the constitution which are deemed to not be in accordance with the founding principles of the Empire. There have been three attempts by the Senate and the Throne to force through the implementation of laws that were deemed unconstitutional since the founding of the Empire; two attempts to increase taxation in the Empire and one attempt to limit the power of the Synod. All three attempts were firmly rebuffed by the Civil Service and were ultimately abandoned.
#{{anchor|14}}The Civil Service use a combination of magic and essential geographic features like rivers and mountain ranges to identify a territory. These are divided into regions. The civil service define a “territory of the Empire” as any territory where the majority of the regions in the territory are under Imperial control. Any territory where the majority of regions are not under Imperial control does not receive representation in the Senate.
#{{anchor|15}}The nationality of a conquered territory has only been disputed once in the history of the Empire, when the city of Holberg surrendered to the League, after the surrounding regions were conquered by Dawnish forces. The ensuing Senate vote confirmed that Holberg would be treated as a League territory. Attempts by Dawnish senators to introduce a motion to over-turn this decision in Dawn's favour were ruled to be unconstitutional, due to the absence of any factors that meant that Holberg's status was “legitimately disputed”.
#{{anchor|16}}The “will of the Nation” is taken to mean the unanimous decision of the senators appointed to represent that nation in the Senate. Only where a unanimous decision cannot be reached does the appointment of the generals fall to a majority vote of the whole Senate.
#{{anchor|17}}The Synod have in the past removed senators, generals, cardinals, civil servants and even an [[Empress_Brannan|empress]]. They do not have the ability to remove the officers of the Conclave; neither do they have the ability to remove citizens from seats on the Bourse.
#{{anchor|18}}These provisions regarding the Conclave were added during the reign of Emperor Giovanni the Peacemaker. Previous references to the Conclave were aspirational - “We shall establish a body of magicians to use magic to strengthen and protect the Empire.” It was not until Giovanni brought the Urizen into the Empire that the Conclave in it’s current form took shape.
#{{anchor|19}}The Orders of the Conclave are created and dissolved by the Senate, rather than the Synod. The magicians who helped to form the Conclave were adamant in their belief that they should serve the Empire, not the Synod. In theory, a constitutional change could be used to grant the Synod powers over the Conclave, but to date no such attempts have been successful.
#{{anchor|20}}These provisions regarding the Bourse were added during the reign of Emperor Giovanni the Peacemaker. Previous references to the Bourse were aspirational - “We shall establish a market to protect the economic interest of the citizens from those who would exploit or tax them in the name of good government.”
#{{anchor|21}}Although the Bourse enjoys immunity from revocation (like the Conclave), it's members are still subject to excommunication, as this power is considered to be used against the individual - not the office they hold.
#{{anchor|22}}The paragraph about resources was added during the reign of Empress Mariika, who oversaw an extensive modification of the role and responsibility of the Bourse. She ensured that the profits raised by auctions in the Bourse went to the Senatorial treasury.
#{{anchor|23}}In the original document this amount was rendered as “a measure of silver coin” but was amended when Emperor Giovanni founded the Imperial Mint and the Empire moved to the modern currency of rings, crowns and thrones.

[[Category:The Law]]
[[Category:The Empire]]

Declaration

2014-04-11T17:41:04Z

Joncreek: The new interdiction wording removed references to magic items and materials and this has been restored.

==Overview==
The Conclave has a number of powers to enable them to fulfil their constitutional role to support the proper use of magic by the Empire. These powers are grouped together as the Declarations of the Conclave. Declarations are used by the Conclave to determine policy and to appoint citizens to the Imperial titles appointed by the Conclave. They always require a vote by the assembled Imperial magicians to pass.

A declaration can generally be thought of as a short sentence beginning "''The Imperial conclave declares ...''" and then a single specific thing such as "''...that I am Archmage of Winter''" or "''...that Sadogua should be considered an ally of the Empire.''"

==Procedure==
===Raising a declaration===
A declaration is placed on the [[Conclave_session#Setting_the_Agenda|agenda]] for the next [[Conclave session]]. Placing a declaration costs a mana crystal, which must be paid when the declaration is raised. The civil servant records the name of the person raising the declaration and the specifics of what that declaration is about. For example "''Xavier i Guerra raises a Declaration of Sorcery against Pieter Vanderhooven''" or "''Lebannon of Haros Water raises a Declaration of Candidacy for the title of Archmage of Winter''".

The [[grandmaster]] of each [[Conclave order|order]] has a power called the [[Grandmaster#Veil of night|veil of night]] which allows them to raise a declaration to the agenda without revealing any specifics of that declaration, in which case it is recorded as "''"The Grandmaster of (Order) raises a declaration.''"

===Presentation===
The format follows the approach used for an [[address]]. Each declaration in turn is announced by the civil service, in the order in which they were placed on the agenda. The individual who raised the declaration to the agenda then has one minute to present their position, they must [[Principle of Proportions|spend crystal mana]] if they wish to [[Conclave_session#Speaking_before_the_Conclave|speak]] for longer.

===Debate===
After the declaration has been presented, those present may pay mana for the right to [[Conclave session#Speaking before the Conclave|discuss]] the subject, in order determined by the [[Principle of Precedence]].

===Resolution===
After the discussion is complete, every Imperial magician present may vote in favour or against, or may choose to abstain. If more magicians vote in favour than vote against, the declaration is carried. In the case of a tie, the declaration is considered to have failed.

The civil servants supporting the meeting may choose to count votes on a general aye or nay where the outcome is very clear. If voting is required, magicians normally vote by raising their hands and are counted out by order with civil servant counting independents and verifying any counts.

==List of Declarations==
===Declaration of Candidacy===
The Conclave can declare someone to hold a specific title controlled by the Conclave. This is most commonly used to propose someone for the title of [[archmage]], [[Warmage]] or [[Dean of the Lyceum]], but there are a number of other temporary or permanent positions that might be allocated using this declaration. Occasionally, this declaration has been used to simply remove someone from their position, by declaring that their post should be filled with ''nobody''.

It is typical for the civil service to group all declarations of candidacy that effect the same position together at the point on the agenda where the last one was raised and conduct a single vote for the position. In this case, each individual who has raised that declaration makes a presentation in the order they raised their candidacy, then a single discussion takes place followed by a single vote. The candidate with the most votes takes the title.

The incumbent does not automatically get to make a presentation - although there is nothing to stop them raising themselves as a candidate if they realise someone is challenging for their title. They may speak normally during the discussion period, and the incumbent is automatically presented as an option during the voting process without the need for a separate declaration.

A Declaration of Candidacy comes into legal effect at the end of the session, after all the [[gambit|gambits]] are resourced. It is the responsibility of the previous holder of the title to ensure that all regalia passes to the new title holder speedily and with the minimum of fuss.

===Declaration of Concord ===
The Conclave makes an agreed upon statement of belief, intent or support. It has no binding legal element but clearly expresses the intent of the Conclave. It is often used to decide that the Conclave agrees to bring a matter before the [[Imperial Senate|Senate]], and potentially to nominate someone responsible for liaising with the [[Senator|senators]] to raise a motion there.

Occasionally the Declaration of Concord is used in advance to declare that a specific magical act will not be considered sorcery. In 326YE for example, a number of [[Curse|curses]] were placed on individuals who had been identified by the [[Shuttered Lantern]] as supporters of the [[Briar|briars]] involved in the [[Freedom Heresy|Freedom heresy]]. Given the personal power of several of these individuals, the covens involved sought this Declaration immediately before placing the curses and used it (successfully) as a defence when magicians associated with the [[Imperial Senate]] and [[Imperial Synod]] tried to have them declared sorcerers in the aftermath.

The Declaration of Concord has also been used to set in motion the sequence of events that lead to the [[Conclave_order#Creation_and_Dissolution_of_an_Order|creation or dissolution of a Conclave order]].

===Declaration of Endowment===
Any mana or illium that the Conclave owns is automatically added to the Font - for distribution between the orders. Other property, such as [[Game_items#Materials|materials]], items, money and even resources, are not added to the Font - they remain the property of the Conclave until they are distributed by a Declaration of Endowment.

Anyone raising a Declaration of Endowment must state what property of the Conclave they wish to transfer and who to. The recipient may be any Imperial citizen - but it can also be one or more of the Conclave orders. Any resources, items or riches endowed on an order are added to that order's vaults. They may only be accessed thereafter via a gambit.

The Conclave cannot rescind a Declaration of Endowment; once passed the item or items become the full legal property of the recipient. The Conclave can indicate that they ''expect'' a magician to bequeath an item to the Conclave when they are finished with it, but they cannot create a legal obligation to do so as part of a Declaration of Endowment. If the Conclave is bequeathed a resource that provides an ongoing income then they may either pass a declaration to endow the resource - or instead endow some portion of the income accrued to date.

===Declaration of Sorcery===
The Conclave may declare a magician to be a sorcerer. The most common reason for this declaration is as a result of an abuse of 'legal curses' against citizens or allies of the Empire, or against those engaged in suspect trade of magical resources (often in conjunction with a legal penalty assessed by an [[Imperial magistrate]]). If this Declaration is made:

* the sorcerer is prohibited from contributing to rituals.
* the sorcerer is prohibited from carrying or using crystal mana.
* the sorcerer is not permitted to run a mana site; the resource is confiscated by the civil service.
* the sorcerer cannot hold any title within the Imperial Conclave.
* the sorcerer cannot use mana to raise an item to the conclave agenda.
* the sorcerer cannot use mana to speak before the conclave.

All crystal mana owned by someone declared to be a sorcerer is legally forfeit to the Conclave. A sorcerer who violates these prohibitions will be subject to arrest and trial before a [[Imperial Law|magistrate]].

===Declaration of Reconciliation===
The Conclave may reconcile a sorcerer with the Empire. If this declaration is made, all rights that were taken from them are returned. They regain possession of any confiscated mana site, but not of any crystal mana it may have produced while they were sorcerers.

This declaration can also be used to remove or modify a ban placed by the [[#Declaration of Interdiction|declaration of interdiction]].

===Declaration of Amity===
The Conclave may declare a specific [[Eternals|Eternal]] is an ally of the Conclave. Members of the Conclave are encouraged to demonstrate courtesy and even aid these Eternals, or their Heralds, where it is possible for them to do so. The Eternal, and any associated Heralds, gain the rights of [[Amity_and_emnity|Amity]]. This declaration overturns a [[#Declaration of Enmity|declaration of enmity]].

===Declaration of Enmity===
The Conclave may declare a specific [[Eternals|Eternal]] to be an enemy of the Empire. If this declaration is made, it becomes dangerous for anyone to consort with the Eternal named in this declaration, or with their Heralds. Such an act usually results in the offender being declared a sorcerer, but they may also face investigation by a magistrate for treason. Having [[Amity_and_emnity|enmity]] from the Conclave brings with it a number of other drawbacks. It automatically overturns a [[#Declaration of Amity|declaration of amity]].

===Declaration of Neutrality===
This declaration removes either amity or enmity from a specific target and returns them to a neutral legal status. Any benefits gained from, or penalties imposed by, the previous status are lost at the end of the conclave session.

===Declaration of Imperial Lore===
Rituals that are part of Imperial Lore are widely available to any Imperial citizen. New rituals may be added to Imperial Lore by this declaration. The declaration instructs the civil service to arrange for a specific ritual be added to the body of Imperial Lore, allowing magicians all over the Empire to receive training in the ritual. This process requires three things:
* A copy of a ritual text detailing the ritual which is used up as part of the process
* A successful Declaration of Imperial Lore
* Ten thrones which are given to the civil service to pay for distribution of the ritual
Once a ritual is added to Imperial Lore it is functionally impossible to remove it. The best the Conclave can do is attempt to declare performance of the ritual to be sorcery with the [[#Declaration of Interdiction|Declaration of Interdiction]]. In the past, the Conclave has often approached the [[Imperial Senate]] for assistance paying the ten Thrones, but this requires a separate motion from the Senators.

===Declaration of Interdiction===
The Conclave may censor specific rituals, items and materials that represent a significant magical danger to the Empire. In the case of rituals it doesn't prevent knowing the ritual, but it means that producing the magical effect that that ritual creates is [[List_of_Criminal_Offences#Crimes_against_the_Processes_of_the_State|henceforth illegal]]. For magic items and materials it is illegal to use the interdicted items or materials and they should be handed in promptly to the civil service to be destroyed or placed out of reach, as appropriate.

===Declaration of the Balance===
This declaration requires every [[grandmaster]] pass a vote of confidence from the members of their order who are present. If the declaration succeeds then each order in turn votes whether to support for the grandmaster or not, starting with the order with the highest precedence. If the majority of members support their grandmaster, their position is safe; if the majority do not, then the grandmaster loses their position at the end of the conclave session, and the civil service arrange [[Grandmaster#Hustings|a new election]] before the next conclave session.

[[Category:Conclave]]

Imperial Constitution

2014-04-04T15:24:00Z

Joncreek: amended typo

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==Overview==
The Constitution was produced at the dawn of the Empire, by the First Empress and her supporters. It is a set of axioms which dictate how the Empire can be governed and the rights of the nations of the Empire and their citizens. Although it is possible to change the Constitution, it is intentionally difficult to do so and impossible until The Throne is occupied. Even then, the NPC Magistrates of the Constitutional Court must ratify any changes to the constitution or to the way it is interpreted.

==Purpose==
The point of the Constitution is to ensure that Empire remains an enjoyable game to play. Senators have wide ranging powers to change the laws of the Empire, but the Constitution exists to reduce the chance that they use these powers to make the game less enjoyable. It inhibits players from reducing the complexity of the political system and tries to prevent them using undue power in the Senate to punitively victimize disenfranchised groups. Ultimately the Constitution limits the powers of players in the interest of keeping the game fun. Any attempt to change the constitution which we believe will adversely affect the enjoyment of the game will not be ratified by our NPC magistrates.

==Changes to Imperial Law==
The Senate has the power to introduce new laws or to change existing laws. Any suggested changes are assessed by the Imperial Civil Service to see how they accord with the Imperial Constitution. A proposal may be consistent with the Constitution or inconsistent with the Constitution (in the latter case the motion is described as having constitutional implications).

* A motion that is consistent with the constitution can be passed by majority vote of the senators present.
* A vote that has constitutional implications requires the approval of two-thirds of all current senators in the Empire and must be authorized by The Throne and approved by three senior Magistrates.

Any character may discuss a proposed motion with the functionaries of the Senate to try to find a way to make it consistent, or stop it being inconsistent with the Constitution. They will offer advice as best they can. There is no right of appeal however, as the functionaries are NPCs. Their decisions are made in the interests of keeping the game enjoyable, they are not made so as to create plot when players disagree with them.

Where a motion with constitutional implications is passed and ratified the civil service will amend the constitution as necessary and add any relevant notes for interpretation to their commentary of it.

==The Imperial Constitution==
<ic>
In concord with the representatives of the great nations of humanity, we declare the founding of our Empire. Let us be joined together by common destiny; to build a great Empire; to serve and protect its people; to let them prosper and achieve greatness and spread across the face of Creation together in unity.

Let this constitution set out the strong principles upon which our Empire will be founded; to serve as the solid base upon which we will build our glorious undertaking; and to mandate the responsibilities and duties of our people, our nations and our Imperial future.

By signing these accords of Empire we[[#1|(1)]] agree to be joined in a single union to be governed in accordance with the principles of this constitution.

We shall be united in law and policy, but free to maintain the traditions that have made each of us strong. The nations of our Empire will be embodied by the spirit of an egregore, created to preserve its essential character. Our Empire will recognize as citizens those whose oath to accept the culture of a nation; to honour the virtues of the Way, and to support the laws of the Empire[[#2|(2)]], is accepted by those egregore.

To these citizens we will guarantee dignity[[#3|(3)]], freedom[[#4|(4)]], and prosperity[[#5|(5)]]. Each citizen that owns land or property will tithe annually wealth equal to a single crown[[#6|(6)]] to be used in service of the Empire that protects them. Citizens shall not hold more than one high office at a time and must exercise their powers in person[[#7|(7)]]; those whose virtue causes them to be offered numerous Imperial titles must choose between them. In this way no citizen shall accumulate so much responsibility that they consider themselves better than their fellows.

The Throne shall lead the Empire and represent her in all things. It shall be a beacon to her people and a terror to her enemies. Whenever the Throne sits in the great councils laid out in this constitution, then their voice shall carry the greatest weight[[#8|(8)]].

The Civil Service shall serve The Throne and the people, and be bound in oaths of loyalty to the Empire[[#9|(9)]]. They will be civil in their dealings and treat each citizen by their virtues, without prejudice or favour regardless of wealth, nationality or title. They will choose amongst them those who will serve as magistrates, to ensure the law is a friend to no-one but instead the servant and the master of all.

The Senate shall ensure the good governance of the Empire. The Senate will assume responsibility for relations with other nations, for the creation of just laws and for the allocation of Imperial taxes as the Senate sees fit, by majority vote. The confirmation of the Empress's[[#10|(10)]] right to occupy the Throne requires the approval of the greater majority of senators[[#11|(11)]]. Matters of similar weight[[#12|(12)]] require similar consideration and the approval of the Throne and must be ratified by the magistrates to ensure that this constitution is protected[[#13|(13)]].

Each territory of the Empire[[#14|(14)]] will elect a single senator to participate in the Senate, according to the traditions of the nation that claims it. Territorial nationality shall be decided by vote of the existing Senate, where it is legitimately disputed[[#15|(15)]].

The Military Council shall ensure the rigorous defence of the Empire. Each nation in the Empire will raise armies as directed by the Senate. The Senate will appoint a general for each army, but only where the will of the nation in this matter is not clear[[#16|(16)]]. The Military Council will execute the strategy of war without interference from the Senate. If the Throne finds complaint with the worst of their number then she may carry the burden of their office until an acceptable replacement may be found.

The Civil Service will ensure that those who soldier to defend our Empire will be equipped and provisioned to meet this challenge. Citizens who render two year's service to the Military Council will receive 50 acres of land or equivalent wealth or property if land is not to be had.

The Synod shall ensure the virtuous behaviour of the Empire. The Synod will remove from Imperial Office those whose behaviour is deemed unvirtuous whether they sit upon the Throne; serve the people in the Senate or on the Military Council or in the Civil Service; or serve within the councils of the Synod itself[[#17|(17)]] The Synod will ensure the behaviour of individual citizens does not debase the Empire.

Those who stand in the Synod shall express the views of their congregation. The Synod will establish assemblies that each may know their virtue and select the most virtuous amongst them to lead. Voting in the Synod will be performed by such assemblies as are rightfully able to weigh the virtue of an action or individual, in accord with their nationality and authority. The civil service will render to these priests such liao as is needed to minister to their congregation. The Throne and those amongst them with the greatest virtue will be given True Liao to distribute as they see fit, excepting one dose which shall be rendered to whichever citizen has demonstrated the greatest prosperity, in service of the Synod.

The Conclave[[#18|(18)]] shall ensure the fit and proper use of magic in the service of the Empire. They will identify those arcane practitioners whose arts work against the Empire, so that they may be condemned. The Conclave will accord a voice to those citizens who demonstrate command of magic and demonstrate the necessary commitment to the authority of the Conclave. The Conclave will appoint leaders who will assist in the allocation of such resources as are needed to further its aims; it shall be guided by fraternities of magicians under the general aegis of the Senate, and without interference from the Synod[[#19|(19)]].

The Bourse[[#20|(20)]] shall control access to those resources that are essential to the prosperity of any great empire. Appointment to the Bourse shall be established by auction and shall be free of all interference of the Senate, or from the Synod[[#21|(21)]]. Such resources as are already controlled by the Imperial nations shall remain in the careful custody of those Nations; those that are discovered or conquered after the founding of the Empire may be eligible to any Imperial citizens. The funds raised by the Bourse through distribution of its estates will remit what profit they can support to the Senate[[#22|(22)]].

No coin may be accepted that has not been produced in the Mint[[#23|(23)]] and which does not bear the rightful stamp of The Throne.

By these principles, councils, and virtues we agree to be governed in perpetuity; not as chains of unchanging servitude, but as inspiration to exalt us and drive our great endeavour.
</ic>

==Commentary on the constitution==
# {{anchor|1}}One copy of the Imperial Constitution was created for each of the eight nations present at the creation of the Empire. Further copies were created when Urizen and later the Imperial Orcs joined the Empire. All original copies of the constitution are stored in the capital in Highguard.
#{{anchor|2}}The wording to “support the laws” rather than simply uphold or obey the laws is used to justify the requirement for all citizens to render all reasonable service to a magistrate when required.
#{{anchor|3}}The guarantee of citizens' “dignity” is always invoked when citizens or senators attempt to propose motions or laws that would restrict or require particular dress codes or speech. It is occasionally seen as a rebuke for individuals who are perceived to be wasting the Senate's time with frivolous motions.
#{{anchor|4}}The guarantee of citizens' “freedom” ensures that slavery of Imperial citizens is illegal throughout the Empire, but it also prevents incarceration for crimes committed, a punishment common in some foreign nations. The guarantees originally only extended to Imperial citizens, but the joining of the Imperial Orcs to the Empire was conditional on this protection being extended to all ‘people’. It required a constitutional vote of the Senate to change the interpretation of the Constitution such that that guarantee of “freedom” was taken to outlaw all slavery.
#{{anchor|5}}The guarantee of citizens' “prosperity” is presented by nations like the League and the Brass Coast as proof that the Empress intended citizens to be able to pursue their own wealth and prosperity without consideration for the Empire itself. It has been used countless times to rule unconstitutional motions and laws intended to raise additional taxes for the Senate or to seize control of the estates of the Bourse. As a result taxation remains fixed at levels laid out in the constitution.
#{{anchor|6}}In the original document this amount was rendered as “a measure of silver coin” but was amended when [[Emperor Giovanni]] founded the Imperial Mint and the Empire moved to the modern currency of rings, crowns and thrones.
#{{anchor|7}}“No citizen shall hold more than one high office at a time” expresses the clear restriction that no citizen can hold two offices of state at one time. All attempts to define individual Imperial titles and positions as outside this restriction have always been ruled to be unconstitutional.
#{{anchor|8}}The phrase “their voice shall carry the greatest weight” has changed interpretation twice since the beginning of the Empire. At present, in the Senate, and the Military Council, where each member has only a single vote, the phrase is used to indicate that The Throne may veto any motion or stratagem that is proposed. In the Synod, where voting is weighted by the size of an individual's congregation, The Throne wields one more vote than those accorded to the largest congregation present. The Throne has never held a position in the Conclave or the Bourse, which allegedly reflects the lesser status of these bodies compared with the Senate, Military Council and Synod. The Bourse does not take decisions as a body, but the Conclave categorically does. Critics of the current situation claim that The Throne's absence from The Conclave reflects the fact that the First Empress possessed no magical abilities; but this raises the prospect of how any occupant of The Throne who did not possess magical abilities might sit in council there. In theory The Throne might nominate a magician to sit in their place, but scholars point out that this would run counter to the spirit of the constitution which requires a citizen be present if they wish to act in their name. In all cases the clause that The Throne must be present to exert their powers remains pivotal. Emperors and Empresses have regularly been forced to choose in which council they will sit; although their power is considerable, it cannot be used after the fact. 
#{{anchor|9}}“Oaths of loyalty to the Empire” - this paragraph establishes the role of the Civil Service. These oaths are rarely spoken of in public, but they are believed to include powerful hearth magic that guarantees the probity of those who serve.
#{{anchor|10}}Although the wording is the same on all copies of the constitution, citizens of any gender are able to assume the Throne.
#{{anchor|11}}Most motions before the Senate are decided by majority vote of those Senators present. The “greater majority of Senators” requires the support of two-thirds of all the senators of the Empire, whether or not they are present or have even been elected.
#{{anchor|12}}“Matters of similar weight” is taken to indicate any law or ruling that would change the constitution or its interpretation, or change the balance of powers between the different bodies of the Empire. The practical implication of this is that while the constitution can be changed, the the Senate may only do so by a vote of the greater majority (commonly referred to as a constitutional vote).
#{{anchor|13}}“Founding principles are protected” empowers the Magistrates to refuse to allow changes to the law and the constitution which are deemed to not be in accordance with the founding principles of the Empire. There have been three attempts by the Senate and the Throne to force through the implementation of laws that were deemed unconstitutional since the founding of the Empire; two attempts to increase taxation in the Empire and one attempt to limit the power of the Synod. All three attempts were firmly rebuffed by the Civil Service and were ultimately abandoned.
#{{anchor|14}}The Civil Service use a combination of magic and essential geographic features like rivers and mountain ranges to identify a territory. These are divided into regions. The civil service define a “territory of the Empire” as any territory where the majority of the regions in the territory are under Imperial control. Any territory where the majority of regions are not under Imperial control does not receive representation in the Senate.
#{{anchor|15}}The nationality of a conquered territory has only been disputed once in the history of the Empire, when the city of Holberg surrendered to the League, after the surrounding regions were conquered by Dawnish forces. The ensuing Senate vote confirmed that Holberg would be treated as a League territory. Attempts by Dawnish senators to introduce a motion to over-turn this decision in Dawn's favour were ruled to be unconstitutional, due to the absence of any factors that meant that Holberg's status was “legitimately disputed”.
#{{anchor|16}}The “will of the Nation” is taken to mean the unanimous decision of the senators appointed to represent that nation in the Senate. Only where a unanimous decision cannot be reached does the appointment of the generals fall to a majority vote of the whole Senate.
#{{anchor|17}}The Synod have in the past removed senators, generals, cardinals and civil servants. While they have not yet removed an Emperor or Empress, the Civil Service have confirmed that it is within their power to do so. They do not have the ability to remove the officers of the Conclave (with the exception of the Warmage whose post is considered to fall under the aegis of the Military Council); neither do they have the ability to remove citizens from seats on the Bourse.
#{{anchor|18}}These provisions regarding the Conclave were added during the reign of Emperor Giovanni the Peacemaker. Previous references to the Conclave were aspirational - “We shall establish a body of magicians to use magic to strengthen and protect the Empire.” It was not until Giovanni brought the Urizen into the Empire that the Conclave in it’s current form took shape.
#{{anchor|19}}The Orders of the Conclave are created and dissolved by the Senate, rather than the Synod. The magicians who helped to form the Conclave were adamant in their belief that they should serve the Empire, not the Synod. In theory, a constitutional change could be used to grant the Synod powers over the Conclave, but to date no such attempts have been successful.
#{{anchor|20}}These provisions regarding the Bourse were added during the reign of Emperor Giovanni the Peacemaker. Previous references to the Bourse were aspirational - “We shall establish a market to protect the economic interest of the citizens from those who would exploit or tax them in the name of good government.”
#{{anchor|21}}Although the Bourse enjoys immunity from revocation (like the Conclave), it's members are still subject to excommunication, as this power is considered to be used against the individual - not the office they hold.
#{{anchor|22}}The paragraph about resources was added during the reign of Empress Mariika, who oversaw an extensive modification of the role and responsibility of the Bourse. She ensured that the profits raised by auctions in the Bourse went to the Senatorial treasury.
#{{anchor|23}}In the original document this amount was rendered as “a measure of silver coin” but was amended when Emperor Giovanni founded the Imperial Mint and the Empire moved to the modern currency of rings, crowns and thrones.

[[Category:The Law]]
[[Category:The Empire]]