Post by caeli on Nov 29, 2014 1:10:58 GMT -5
I. The Council of Solace
1. The council will be composed of five individuals.
2. Each council member holds an executive position within which they have relative expertise and autonomy. Each position has a portfolio of duties associated with that description.
a. Master of Record - The speaker.
Responsible for transparency and maintaining order within the structure of the council itself. Listens to general grievances of the populace. Keeps the citizenry up to date on the important matters of the day; what is happening and why. The record-keeper for all council matters; any vote involving any number of council members that generates action on behalf of Solace (an act) must be entered with the Master of Record or their proxy(s), or the act and the councilmembers who voted on it will be in contempt. Any agreement made on behalf of the Council or the Nation of Solace is null unless it is entered with the Master of Record. All proxies and the powers they possess are null until entered with the Master of Record. Reports all recorded acts and the voting members to the full council between each gathering. Reports all influence usage to staff each game. Complete autonomy in spending academic influence.
b. Master of State - The human diplomat.
Responsible for receiving human political delegations. Negotiates on behalf of Solace with all human nations and political organizations abroad. Writes and sends all diplomatic missives, treaties, declarations, with regard to these nations. Complete autonomy in spending diplomatic influence, up to one half of reserves (rounded down) from the start of each gathering.
c. Master of Regard - The effendal diplomat.
Responsible for receiving effendal delegations. They will negotiate on behalf of Solace with all effendal nations and tribes. They will write and send all diplomatic missives, treaties, and declarations, with regard to these nations. In addition, they are responsible for negotiating tensions between humans and effendal, returned or otherwise. Complete autonomy in spending diplomatic influence, up to one half of reserves (rounded down) from the start of each gathering.
d. Master of Coin - The treasurer.
Responsible for receiving merchants. Manages the economic growth, development, and solvency of Solace. Appraises and manages acquisitions and expenses. Oversees the use of gold reserves and other appraised wealth. Responsible for accurate records and safekeeping of treasury and artifacts. Reports the treasury to the full council between each gathering. Complete autonomy in spending economic influence.
e. Master of Arms - The general.
Responsible for receiving knightly delegations. Responsible for the physical safety of the citizenry. Maintains the organization and readiness of the military and militia. Appoints and discharges sheriffs and officers as needed. Executor of civic law and punishment. Complete autonomy in matters of low crimes within the borders of the Nation of Solace. Complete autonomy in spending military influence.
3. Four votes are required of the council to act on behalf of Solace. However, each council member holds two votes in matters of their respective portfolio. In the circumstance of an issue falling across more than one portfolio, the Master of Record autonomously decides which singular (if any) portfolio is most central to the issue, and which (if any) council member gets two votes. A council member empowered with two votes may choose to split their vote.
4. Votes are not required to be collected in closed session - votes may be collected in any place, in any manner, and in any order, provided that the final votes and associated names that are reported to the Master of Record are accurate and legal.
5. For the duration of their term, council members will be granted 5 non-hereditary pins of status. If a council member serves their whole term and is replaced during the general election, they will retain 3 pins of non-hereditary status.
II. Proxies
1. The Master of Record documents proxies and the powers they have.
2. For the duration of their service, proxies will be granted 2 pins of non-hereditary status.
3. Proxies are appointed and discharged by individual council members with complete autonomy, and are given as much or as little of the council member's power as that council member decides. A council member may have up to three proxies at a time. Each council member must have a primary proxy with voting power at each gathering; if a council member's primary proxy is absent from a gathering, another must be immediately recruited to serve for the duration of the gathering. A council member may have more than one proxy with voting powers, but only one primary proxy.
4. Proxies act within the powers granted by their superior, and are to report all uses of this power to their superior at their first opportunity. Proxies may be discharged by their superior at any time, and for any reason. Proxies with voting powers may be expected to vote as their leading council member would, or may be expected to vote with their own best judgment; such requirements are up to their leading council member to decide. Proxies acting outside of their granted powers may be criminally charged, depending on the severity of the breach. Charges need not be pressed specifically by the Proxy's superior council member.
5. If a council member is completely absent from a gathering, their primary proxy (or another proxy autonomously chosen by the Master of Record if the primary proxy is also absent) will assume full council status for the duration of the gathering. Proxies temporarily promoted thusly have the full powers of their respective seat. If the temporarily promoted proxy has no additional proxy with voting powers, they must immediately recruit one to serve for the duration of the gathering.
6. Proxies may not propose new acts unless they have voting powers and are directly responding to a delegation received as a part of their seat’s responsibilities. Under various conditions within the laws of Solace, a proxy may temporarily or permanently be promoted to full council status, and like a full council member, may then propose new acts at will.
7. It is permissible for one person to be a proxy to two seats. One person may not be a primary proxy for two seats. One person may not cast votes from two different seats on the same act. Full council members may not be proxies for other seats.
III. Closed Session
1. Council must meet for at least one closed session per gathering. Any council member may request additional closed sessions as needed.
2. Citizens and officials may be called before the council to speak as needed.
3. Only one representative from each seat (a full council member or a proxy with voting power) may be present at each closed council session. Upon request, the Master of Record may allow additional proxies to be present, but they must not impede proceedings. The Master of Record is allowed to have any number of their own proxies present, to facilitate the duty of keeping their proxies, and thus the public, informed.
4. During gatherings, changes to the laws of Solace may only be enacted during closed sessions with five voting members present. Changes may also be made between gatherings, with five full council members presiding.
IV. Special Appointments
1. Special appointments may be created and compensated by the council as is necessary.
a. The Champion of Solace: will be the winner of the annual summer tournament. They will be granted four pins of status for the tenure of their position, until the next summer tournament. They will put Solace affairs ahead of all other obligations; failure to do so may result in removal by council vote.
b. The Herald - The council may appoint a Herald to prevent outside interference of closed sessions and to summon requested individuals on behalf of the council. The Herald is a temporary position that exists only during closed session
c. Sheriff - Appointed by the Master of Arms, can autonomously render verdicts on low crimes in their local jurisdiction (usually a town or territory)
d. Magistrate - Responsible for the prosecution of trials involving high crimes.
V. Elections
1. Elections will happen annually.
2. The only racial or national requirements for a candidate of any seat is that they must be a returned and a citizen of Solace.
3. Candidates must announce themselves and the specific seat(s) they are running for by Yule. They may campaign until the election itself, which happens at the first gathering of the new year. In assembly prior to the distribution of ballots, each candidate who wishes to speak may briefly do so (one minute). If a candidate wins the majority vote for more than one seat, they must choose which seat to accept; the runner-up in the remaining seat will then be the victor for that seat.
4. Candidates must announce their proposed primary proxy at the time of their announcement of candidacy.
5. Voting will be restricted to citizens who have been established in at least one court session prior to the election.
6. Only effendal may vote for Master of Regard, and effendal may not vote for Master of State.
7. Each position has requirements meant to satisfy the most basic functions of the position. A candidate does not need to possess the required talent when announcing their candidacy, but must possess the required talent to accept the position upon winning an election.
a. Master of Record: Literacy
b. Master of State: knowledge of the Rules of Society or Lore (any human culture/nation), Literacy
c. Master of Regard: Lore (any effendal culture/nation), Literacy
d. Master of Coin: Appraise, Literacy
e. Master of Arms: Weapon Proficiency (any)
8. In the event of a tie, a candidate's influential standing will act as the tiebreaker. Each seat has an associated type of standing that fills this role. In the event that this does not break the tie, the outgoing council holds a simple majority vote on the leading candidates.
a. Master of Record: Academic Standing
b. Master of State: Political Standing
c. Master of Regard: (Any)
d. Master of Coin: Economic
e. Master of Arms: Military
VI. No Confidence and Limited Council
1. At any time, two council members may jointly call a vote of no confidence to replace the Master of Record. This public vote of the citizenry must occur during assembly and requires 2/3 majority to succeed. The next closest candidate from the most recent election then replaces the ousted Master of Record. If no other candidates remain, the council must select a willing citizen by majority to promote to the position. If the council cannot agree on a willing citizen, the seat must immediately be put up for open election.
2. The Master of Record must produce their records in entirety as public evidence before and during the vote of no confidence. Failure to do so means the vote automatically succeeds.
3. If the council lacks a Master of Record for any reason (no confidence or otherwise) and is unable to fill the position, the council is limited until the seat is filled. In a limited council, acts may only be passed by the remaining members during closed sessions or between gatherings. The Master of Arms determines if any council member is empowered with two votes on a given act. A remaining council member must adopt the role of scribe for closed sessions, as any acts not officially recorded are illegal. Councilmembers may still autonomously spend influence, but they must report usage to staff themselves. Proxies and their powers must be planned and recorded between gatherings, with any changes during a gathering to be reported to the Master of Arms.
4. A council member who participates in calling a vote of no confidence may not do so again during the same term.
VII. Council Retirement and Absentia
1. Absentia or dereliction of duty are statuses agreed upon by the remaining council members if a disproportionate amount of a council member’s work is being shouldered by proxies.
2. If a council member retires or becomes permanently absent/derelict from duty, their primary proxy will be promoted to full council status until the beginning of the next gathering.
3. At the next gathering, any two council members have until the first midnight to jointly choose to revoke the primary proxy's full council status (returning them to voting proxy status), and put the seat up for general election. The vote must occur at assembly on the next day, or the primary proxy will be permanently reinstated to full council status.
VIII. Contempt
1. When a council member oversteps the boundaries of their powers, they are in contempt and may face criminal charges. Trials for such matters are completely internal and conducted in closed session, with the Master of Record casting two votes, and the council member on trial casting none. In the event of the Master of Record being accused of contempt, the Master of Arms casts two votes, with the Master of Record casting none. Depending on the severity of the breach, punishment may range from:
a. Temporary suspension of title - Chosen proxy acts as full council member for duration. The convicted council member may be allowed by council vote to serve as a proxy with limited powers to their own position during this time.
b. Permanent suspension of title - Chosen proxy assumes status of full council member for the rest of the term. The convicted council member may be allowed by council vote to serve as Proxy to their former position.
c. Treason - In the event of a transgression that causes permanent damage to Solace, in addition to permanent suspension of title, the convicted may face charges and punishments appropriate for Treason.
d. High Treason - In the event that a transgression results in a violation of the rules of society at the level of high treason, in addition to permanent suspension of title, the convicted may face a public trial for high treason.
2. When proxies overstep the boundaries of their powers, they are in contempt and may face criminal charges. Trials for such matters are completely internal and conducted in closed session, with the Master of Record casting two votes, and the council member whose proxy is on trial casting none. In the event of the Master of Record's proxy being accused of contempt, the Master of Arms casts two votes, with the Master of Record casting none. Depending on the severity of the breach, punishment may range from:
a. Temporary suspension of powers - Proxy is temporarily suspended of some or all of their powers for duration of sentence. The affected council member must still have one proxy with voting powers, and must recruit one immediately if needed.
b. Permanent suspension of title - Proxy is suspended from duty for remainder of term. The affected council member must still have one proxy with voting powers, and must recruit one immediately if needed.
c. Treason - In the event of a transgression that causes permanent damage to Solace, in addition to permanent suspension of title, the convicted may face charges and punishments appropriate for Treason.
d. High Treason - In the event of a transgression that results in a violation of the rules of society at the level of high treason, in addition to permanent suspension of title, the convicted may face a public trial for high treason.
3. In trials of contempt, four votes are required to convict, and four votes are required to agree on a sentence.
IX. Rules of Society
1. Solace officially adopts the Rules of Society. All Citizens are expected to observe and follow them.
2. Effendal nobility will be recognized as nobility within Solace. This does not mean that other nations will recognize them, only that the people of Solace do and are expected to treat them as the Rules of Society state.
3. The Banner of Truce is to be respected. Breaking Truce is subject to treason (as per Rules of Society).
X. Crime, Punishment, and Trial
1. The list of crimes that can be punishable in Solace includes, but is not limited to:
a. Low Crimes
i. Willful vandalism
ii. Treason by word
iii. Theft
iv. Assault
v. Breaking and entering
vi. Desecration of a humanoid corpse (defined as taking trophies or otherwise disrespecting the deceased) (clarified June 5A)
vii. False witness
viii. Criminal negligence
ix. Obstruction of official Solace business
x. Interfering with any action or duty of an official representative of Solace, the Solace Council, the Solace Guard, or Solace Army
xi. Treasonous offenses under the Rules of Society
xii. Torture (added August 5A)
b. High Crimes
i. Murder
ii. Treason by act
iii. Espionage
iv. Visiting Theddespari before a treaty has been reached (added November 5A)
c. Highly treasonous acts under the Rules of Society
d. Unforgivable Offenses under the Rules of Society
i. Defined as a single act with the ability to destabilize an entire nation
2. Acceptable punishments for Citizens of Solace
a. Punishments for low crimes
i. Community service
ii. Monetary fines
iii. Calling of influence
b. Punishments for high crimes
i. Corporal punishment (including cutting off of body parts)
ii. Execution
iii. Exile
c. Punishment for Unforgivable Offenses
i. As dictated by the rules of society
3. Solace does recognize extradition.
a. Citizens of Solace may be extradited for crimes, past or present, to a foreign power
b. Extradition is considered on a case by case basis, determined by council vote.
4. Trial procedure
a. For trials of low crimes
i. The Master of Arms or his appointed Sheriff are empowered to perform a trial and/or render judgment as they see fit.
b. For trials of high crimes or Unforgivable Offenses
i. The accused are not innocent until proven guilty; they are whatever the evidence points to.
ii. Evidence will be collected by the Magistrate. Formal accusations need not be filed in order for the collection of evidence to begin. Evidence shall be a single point of fact. Evidence shall be tangible or verifiable by common experience. A point in testimony may be considered evidence, if the speaker is trustworthy, under no coercion, and free of bribery.
iii. The accused will be presented with a formal accusation of their crimes by the Master of Arms, Sheriff, or Magistrate.
iv. The accused are entitled to a speedy trial. Once formal accusations are filed, the verdict should be delivered no later than the next gathering. If the accused needs more time to gather their defense, they may elect to delay the trial by no more than one gathering.
v. A guard detail may be assigned to the accused until the time of the trial. If the accused commits further crimes, or attempts to flee Solace, their security detail may be tightened, or they may be restrained.
vi. The trial may or may not be public. This will be at the full voting Council's discretion, decided by simple majority vote, with no extra votes being granted to any council member or proxy. The dignity of the accused, the dignity of the wronged, and the public interest will be weighed in this decision.
vii. At the start of the trail, the Accused shall be presented before the assembled Council of Solace. The Magistrate shall announce the crimes of the Accused.
viii. Before proceeding further, the Accused shall be given a choice: confess to the crimes against them, or refute the accusation and defend them in trial. If the Accused confesses, the Council of Solace shall consider and deliver their sentence. If the Accused instead refutes the accusations, then the trail shall continue.
ix. The Magistrate shall present their evidence against the Accused. After each item of evidence is presented, the Accused may offer rebuttal regarding the evidence. The Magistrate may present their own rebuttal to that of the Accused, after which the Magistrate (or Council of Solace) shall take the evidence into consideration for its validity.
x. The final deliberations and verdict will be conducted by a full voting council, and will be decided by simple majority vote, with no extra votes being granted to any council member or proxy.
xi. After deliberation, the judgment of the Accused will be announced. If Innocent of all crimes, the Accused shall be released. If the Accused are found to be Guilty of any of the crimes presented, their sentence shall also be announced. The Master of Arms or their appointed Sheriff are responsible for carrying out the sentence.
xii. The matter of the crime is considered finished, and shall not be revisited without great need as determined by the Magistrate (or Council of Solace).
XI. Rules of the Duel under Solace Law
These rules are set in place to provide a standard code by which matters of honor may be settled in Solace between offended parties and their offenders. Under the Rules of Society, it is Treason not to abide by the terms of a duel, including the provisions herein. Duels and duelists that break these rules of civil conflict will be brought before the Council of Solace for their transgressions.
Rule 1: Upon receipt of a slight, dishonor or injury, the offended party may petition the Council of Solace for permission to seek a duel. If approved, the duel must be overseen by the Magistrate for it to be legal by Solace law. (OOC NOTE: A GM must also be present during the duel, as PvP actions can become heated.)
Rule 2: Once approved by the Council of Solace, the offended party may challenge the offender to a duel. This challenge may be issued in one of three ways: verbally, in a public posting, or by throwing a glove or gauntlet at the feet of the offender.
Rule 3: Upon being challenged, the offender may offer immediate and public apology, or may accept the duel. Accepting a duel may be done verbally in public, in a public posting, or by lightly slapping one’s glove across the face of the challenger.
Rule 4: The challenger is obliged to divulge his cause of challenge unless excused from doing so by the challenged before their meeting.
Rule 5: If the challenged both refuses to duel and refuses to make an apology, it is to be taken as an admission of guilt and loss of honor. The exception to this is if the challenger is not of equal rank as per the requirements of the Rules of Society (i.e., the challenger is of lesser rank than the challenged.)
Rule 6: If no apology is offered, both principal parties must publically name their seconds to arrange further matters of the duel. These seconds may also fight themselves, at the prerogative of the challenger's second. This shows that the second believes his principal to be right in the matter of honor, and is willing to shed his own blood to defend that honor.
Rule 7: If the principal is, in good faith, unable to attend the duel, the opposing principal may choose to fight his second or to delay the duel.
Rule 8: Seconds should be of equal rank in society with the principals (i.e. challengers) they represent. As a second may fight in the place of a principal, he should be of appropriate rank to take his principal's place.
Rule 9: The challenged has the right to name the weapons used, unless the challenger gives his honor he is unable to use the chosen weapons. The challenged can then make another choice of weapons. If the challenger gives his honor he is unable to use the additional chosen weapons as well, then the duel shall be fought with long swords.
Rule 10: It is the responsibility of the challenged to provide equal weapons for both sides, and to give the choice of specific weapon to the challenger. The challenger may waive this obligation and provide for his own (appropriate) weapon.
Rule 11: The challenged chooses his ground (facing direction, high/low ground at site, etc.); the challenger chooses the distance; the seconds fix the location, time and terms.
Rule 12: Seconds are bound to attempt reconciliation before the meeting takes place, or after sufficient hits, as specified.
Rule 13: But no apology can be received, in any case, after the parties have actually taken to the grounds, without exchange of blows.
Rule 14: Honor is not gained by a party simply for taking to the grounds; as a gentleman, he must maintain dignity and decorum during engagement, and proceed with the duel with honor.
Rule 15: If the cause of the meeting be of such a nature that no apology or explanation can or will be received, the challenged takes his ground, and calls on the challenger to proceed.
Rule 16: Engagement may be regulated -- first by signal; secondly, by word of command; or thirdly, at pleasure -- as may be agreeable to the parties. In the latter case, the parties may engage at their reasonable leisure, but additional starts and rests are strictly prohibited.
Rule 17: If engagement is regulated by signal or word of command, and one party steps off mark before such as time as is allowed, the opposing party’s second is honor-bound to strike him a blow.
Rule 18: If seconds are to exchange blows themselves, it must be at the same time and at right angles with their principals, side by side, with five paces interval. The conditions of the seconds' combat are to be the same as the principals'.
Rule 19: No false attacks meant to avoid causing harm to the opponent is admissible in any case. The challenger ought not to have challenged without receiving offense; and the challenged ought, if he gave offense, to have made an apology before he came on the ground; therefore, children's play must be dishonorable on one side or the other, and is accordingly prohibited.
Rule 20: Any wound to the arms sufficient to prevent the combatant from continuing with honor must end the business for that day. If a party is so wounded, and the challenger’s honor remains unsatisfied, he may allow the wounded party’s second to complete the duel in the primary duelist’s place.
Rule 21: The parties engage until one is well blooded, disabled, or disarmed, as per the terms decided; or until, after receiving a wound, and blood being drawn, the aggressor begs pardon. The disarmer may (strictly) break his adversary's sword; but if it be the challenger who is disarmed, it is considered as ungenerous to do so.
Rule 22: In the case the challenged be disarmed and refuses to ask pardon or atone, he must not be killed, as formerly; but the challenger may lay his own sword on the aggressor's shoulder, then break the aggressor's sword and say, "I spare your life!" The challenged can never revive the quarrel -- the challenger may.
Rule 23: The challenger may end the duel at any time if he deems his honour satisfied.
Rule 24: Once engagement has ended, the issue is to be considered resolved, regardless of the outcome. If additional terms were agreed upon per vindicated party, these terms must be immediately addressed.
XII. Transience
1. Due to the radical nature of these laws, they are enacted on a one year trial basis. They will take effect in the election following their adoption. Before the Yule of their adoption year (near the end of the term), the council of that time must vote to keep these laws and any modifications made during that term, or abandon them and return to the legacy laws and organization of the previous councils. A successful affirmative vote at that time will make the new laws permanent. If no councilmember remembers to put the laws to a vote of permanence, the affirmative vote automatically succeeds.
1. The council will be composed of five individuals.
2. Each council member holds an executive position within which they have relative expertise and autonomy. Each position has a portfolio of duties associated with that description.
a. Master of Record - The speaker.
Responsible for transparency and maintaining order within the structure of the council itself. Listens to general grievances of the populace. Keeps the citizenry up to date on the important matters of the day; what is happening and why. The record-keeper for all council matters; any vote involving any number of council members that generates action on behalf of Solace (an act) must be entered with the Master of Record or their proxy(s), or the act and the councilmembers who voted on it will be in contempt. Any agreement made on behalf of the Council or the Nation of Solace is null unless it is entered with the Master of Record. All proxies and the powers they possess are null until entered with the Master of Record. Reports all recorded acts and the voting members to the full council between each gathering. Reports all influence usage to staff each game. Complete autonomy in spending academic influence.
b. Master of State - The human diplomat.
Responsible for receiving human political delegations. Negotiates on behalf of Solace with all human nations and political organizations abroad. Writes and sends all diplomatic missives, treaties, declarations, with regard to these nations. Complete autonomy in spending diplomatic influence, up to one half of reserves (rounded down) from the start of each gathering.
c. Master of Regard - The effendal diplomat.
Responsible for receiving effendal delegations. They will negotiate on behalf of Solace with all effendal nations and tribes. They will write and send all diplomatic missives, treaties, and declarations, with regard to these nations. In addition, they are responsible for negotiating tensions between humans and effendal, returned or otherwise. Complete autonomy in spending diplomatic influence, up to one half of reserves (rounded down) from the start of each gathering.
d. Master of Coin - The treasurer.
Responsible for receiving merchants. Manages the economic growth, development, and solvency of Solace. Appraises and manages acquisitions and expenses. Oversees the use of gold reserves and other appraised wealth. Responsible for accurate records and safekeeping of treasury and artifacts. Reports the treasury to the full council between each gathering. Complete autonomy in spending economic influence.
e. Master of Arms - The general.
Responsible for receiving knightly delegations. Responsible for the physical safety of the citizenry. Maintains the organization and readiness of the military and militia. Appoints and discharges sheriffs and officers as needed. Executor of civic law and punishment. Complete autonomy in matters of low crimes within the borders of the Nation of Solace. Complete autonomy in spending military influence.
3. Four votes are required of the council to act on behalf of Solace. However, each council member holds two votes in matters of their respective portfolio. In the circumstance of an issue falling across more than one portfolio, the Master of Record autonomously decides which singular (if any) portfolio is most central to the issue, and which (if any) council member gets two votes. A council member empowered with two votes may choose to split their vote.
4. Votes are not required to be collected in closed session - votes may be collected in any place, in any manner, and in any order, provided that the final votes and associated names that are reported to the Master of Record are accurate and legal.
5. For the duration of their term, council members will be granted 5 non-hereditary pins of status. If a council member serves their whole term and is replaced during the general election, they will retain 3 pins of non-hereditary status.
II. Proxies
1. The Master of Record documents proxies and the powers they have.
2. For the duration of their service, proxies will be granted 2 pins of non-hereditary status.
3. Proxies are appointed and discharged by individual council members with complete autonomy, and are given as much or as little of the council member's power as that council member decides. A council member may have up to three proxies at a time. Each council member must have a primary proxy with voting power at each gathering; if a council member's primary proxy is absent from a gathering, another must be immediately recruited to serve for the duration of the gathering. A council member may have more than one proxy with voting powers, but only one primary proxy.
4. Proxies act within the powers granted by their superior, and are to report all uses of this power to their superior at their first opportunity. Proxies may be discharged by their superior at any time, and for any reason. Proxies with voting powers may be expected to vote as their leading council member would, or may be expected to vote with their own best judgment; such requirements are up to their leading council member to decide. Proxies acting outside of their granted powers may be criminally charged, depending on the severity of the breach. Charges need not be pressed specifically by the Proxy's superior council member.
5. If a council member is completely absent from a gathering, their primary proxy (or another proxy autonomously chosen by the Master of Record if the primary proxy is also absent) will assume full council status for the duration of the gathering. Proxies temporarily promoted thusly have the full powers of their respective seat. If the temporarily promoted proxy has no additional proxy with voting powers, they must immediately recruit one to serve for the duration of the gathering.
6. Proxies may not propose new acts unless they have voting powers and are directly responding to a delegation received as a part of their seat’s responsibilities. Under various conditions within the laws of Solace, a proxy may temporarily or permanently be promoted to full council status, and like a full council member, may then propose new acts at will.
7. It is permissible for one person to be a proxy to two seats. One person may not be a primary proxy for two seats. One person may not cast votes from two different seats on the same act. Full council members may not be proxies for other seats.
III. Closed Session
1. Council must meet for at least one closed session per gathering. Any council member may request additional closed sessions as needed.
2. Citizens and officials may be called before the council to speak as needed.
3. Only one representative from each seat (a full council member or a proxy with voting power) may be present at each closed council session. Upon request, the Master of Record may allow additional proxies to be present, but they must not impede proceedings. The Master of Record is allowed to have any number of their own proxies present, to facilitate the duty of keeping their proxies, and thus the public, informed.
4. During gatherings, changes to the laws of Solace may only be enacted during closed sessions with five voting members present. Changes may also be made between gatherings, with five full council members presiding.
IV. Special Appointments
1. Special appointments may be created and compensated by the council as is necessary.
a. The Champion of Solace: will be the winner of the annual summer tournament. They will be granted four pins of status for the tenure of their position, until the next summer tournament. They will put Solace affairs ahead of all other obligations; failure to do so may result in removal by council vote.
b. The Herald - The council may appoint a Herald to prevent outside interference of closed sessions and to summon requested individuals on behalf of the council. The Herald is a temporary position that exists only during closed session
c. Sheriff - Appointed by the Master of Arms, can autonomously render verdicts on low crimes in their local jurisdiction (usually a town or territory)
d. Magistrate - Responsible for the prosecution of trials involving high crimes.
V. Elections
1. Elections will happen annually.
2. The only racial or national requirements for a candidate of any seat is that they must be a returned and a citizen of Solace.
3. Candidates must announce themselves and the specific seat(s) they are running for by Yule. They may campaign until the election itself, which happens at the first gathering of the new year. In assembly prior to the distribution of ballots, each candidate who wishes to speak may briefly do so (one minute). If a candidate wins the majority vote for more than one seat, they must choose which seat to accept; the runner-up in the remaining seat will then be the victor for that seat.
4. Candidates must announce their proposed primary proxy at the time of their announcement of candidacy.
5. Voting will be restricted to citizens who have been established in at least one court session prior to the election.
6. Only effendal may vote for Master of Regard, and effendal may not vote for Master of State.
7. Each position has requirements meant to satisfy the most basic functions of the position. A candidate does not need to possess the required talent when announcing their candidacy, but must possess the required talent to accept the position upon winning an election.
a. Master of Record: Literacy
b. Master of State: knowledge of the Rules of Society or Lore (any human culture/nation), Literacy
c. Master of Regard: Lore (any effendal culture/nation), Literacy
d. Master of Coin: Appraise, Literacy
e. Master of Arms: Weapon Proficiency (any)
8. In the event of a tie, a candidate's influential standing will act as the tiebreaker. Each seat has an associated type of standing that fills this role. In the event that this does not break the tie, the outgoing council holds a simple majority vote on the leading candidates.
a. Master of Record: Academic Standing
b. Master of State: Political Standing
c. Master of Regard: (Any)
d. Master of Coin: Economic
e. Master of Arms: Military
VI. No Confidence and Limited Council
1. At any time, two council members may jointly call a vote of no confidence to replace the Master of Record. This public vote of the citizenry must occur during assembly and requires 2/3 majority to succeed. The next closest candidate from the most recent election then replaces the ousted Master of Record. If no other candidates remain, the council must select a willing citizen by majority to promote to the position. If the council cannot agree on a willing citizen, the seat must immediately be put up for open election.
2. The Master of Record must produce their records in entirety as public evidence before and during the vote of no confidence. Failure to do so means the vote automatically succeeds.
3. If the council lacks a Master of Record for any reason (no confidence or otherwise) and is unable to fill the position, the council is limited until the seat is filled. In a limited council, acts may only be passed by the remaining members during closed sessions or between gatherings. The Master of Arms determines if any council member is empowered with two votes on a given act. A remaining council member must adopt the role of scribe for closed sessions, as any acts not officially recorded are illegal. Councilmembers may still autonomously spend influence, but they must report usage to staff themselves. Proxies and their powers must be planned and recorded between gatherings, with any changes during a gathering to be reported to the Master of Arms.
4. A council member who participates in calling a vote of no confidence may not do so again during the same term.
VII. Council Retirement and Absentia
1. Absentia or dereliction of duty are statuses agreed upon by the remaining council members if a disproportionate amount of a council member’s work is being shouldered by proxies.
2. If a council member retires or becomes permanently absent/derelict from duty, their primary proxy will be promoted to full council status until the beginning of the next gathering.
3. At the next gathering, any two council members have until the first midnight to jointly choose to revoke the primary proxy's full council status (returning them to voting proxy status), and put the seat up for general election. The vote must occur at assembly on the next day, or the primary proxy will be permanently reinstated to full council status.
VIII. Contempt
1. When a council member oversteps the boundaries of their powers, they are in contempt and may face criminal charges. Trials for such matters are completely internal and conducted in closed session, with the Master of Record casting two votes, and the council member on trial casting none. In the event of the Master of Record being accused of contempt, the Master of Arms casts two votes, with the Master of Record casting none. Depending on the severity of the breach, punishment may range from:
a. Temporary suspension of title - Chosen proxy acts as full council member for duration. The convicted council member may be allowed by council vote to serve as a proxy with limited powers to their own position during this time.
b. Permanent suspension of title - Chosen proxy assumes status of full council member for the rest of the term. The convicted council member may be allowed by council vote to serve as Proxy to their former position.
c. Treason - In the event of a transgression that causes permanent damage to Solace, in addition to permanent suspension of title, the convicted may face charges and punishments appropriate for Treason.
d. High Treason - In the event that a transgression results in a violation of the rules of society at the level of high treason, in addition to permanent suspension of title, the convicted may face a public trial for high treason.
2. When proxies overstep the boundaries of their powers, they are in contempt and may face criminal charges. Trials for such matters are completely internal and conducted in closed session, with the Master of Record casting two votes, and the council member whose proxy is on trial casting none. In the event of the Master of Record's proxy being accused of contempt, the Master of Arms casts two votes, with the Master of Record casting none. Depending on the severity of the breach, punishment may range from:
a. Temporary suspension of powers - Proxy is temporarily suspended of some or all of their powers for duration of sentence. The affected council member must still have one proxy with voting powers, and must recruit one immediately if needed.
b. Permanent suspension of title - Proxy is suspended from duty for remainder of term. The affected council member must still have one proxy with voting powers, and must recruit one immediately if needed.
c. Treason - In the event of a transgression that causes permanent damage to Solace, in addition to permanent suspension of title, the convicted may face charges and punishments appropriate for Treason.
d. High Treason - In the event of a transgression that results in a violation of the rules of society at the level of high treason, in addition to permanent suspension of title, the convicted may face a public trial for high treason.
3. In trials of contempt, four votes are required to convict, and four votes are required to agree on a sentence.
IX. Rules of Society
1. Solace officially adopts the Rules of Society. All Citizens are expected to observe and follow them.
2. Effendal nobility will be recognized as nobility within Solace. This does not mean that other nations will recognize them, only that the people of Solace do and are expected to treat them as the Rules of Society state.
3. The Banner of Truce is to be respected. Breaking Truce is subject to treason (as per Rules of Society).
X. Crime, Punishment, and Trial
1. The list of crimes that can be punishable in Solace includes, but is not limited to:
a. Low Crimes
i. Willful vandalism
ii. Treason by word
iii. Theft
iv. Assault
v. Breaking and entering
vi. Desecration of a humanoid corpse (defined as taking trophies or otherwise disrespecting the deceased) (clarified June 5A)
vii. False witness
viii. Criminal negligence
ix. Obstruction of official Solace business
x. Interfering with any action or duty of an official representative of Solace, the Solace Council, the Solace Guard, or Solace Army
xi. Treasonous offenses under the Rules of Society
xii. Torture (added August 5A)
b. High Crimes
i. Murder
ii. Treason by act
iii. Espionage
iv. Visiting Theddespari before a treaty has been reached (added November 5A)
c. Highly treasonous acts under the Rules of Society
d. Unforgivable Offenses under the Rules of Society
i. Defined as a single act with the ability to destabilize an entire nation
2. Acceptable punishments for Citizens of Solace
a. Punishments for low crimes
i. Community service
ii. Monetary fines
iii. Calling of influence
b. Punishments for high crimes
i. Corporal punishment (including cutting off of body parts)
ii. Execution
iii. Exile
c. Punishment for Unforgivable Offenses
i. As dictated by the rules of society
3. Solace does recognize extradition.
a. Citizens of Solace may be extradited for crimes, past or present, to a foreign power
b. Extradition is considered on a case by case basis, determined by council vote.
4. Trial procedure
a. For trials of low crimes
i. The Master of Arms or his appointed Sheriff are empowered to perform a trial and/or render judgment as they see fit.
b. For trials of high crimes or Unforgivable Offenses
i. The accused are not innocent until proven guilty; they are whatever the evidence points to.
ii. Evidence will be collected by the Magistrate. Formal accusations need not be filed in order for the collection of evidence to begin. Evidence shall be a single point of fact. Evidence shall be tangible or verifiable by common experience. A point in testimony may be considered evidence, if the speaker is trustworthy, under no coercion, and free of bribery.
iii. The accused will be presented with a formal accusation of their crimes by the Master of Arms, Sheriff, or Magistrate.
iv. The accused are entitled to a speedy trial. Once formal accusations are filed, the verdict should be delivered no later than the next gathering. If the accused needs more time to gather their defense, they may elect to delay the trial by no more than one gathering.
v. A guard detail may be assigned to the accused until the time of the trial. If the accused commits further crimes, or attempts to flee Solace, their security detail may be tightened, or they may be restrained.
vi. The trial may or may not be public. This will be at the full voting Council's discretion, decided by simple majority vote, with no extra votes being granted to any council member or proxy. The dignity of the accused, the dignity of the wronged, and the public interest will be weighed in this decision.
vii. At the start of the trail, the Accused shall be presented before the assembled Council of Solace. The Magistrate shall announce the crimes of the Accused.
viii. Before proceeding further, the Accused shall be given a choice: confess to the crimes against them, or refute the accusation and defend them in trial. If the Accused confesses, the Council of Solace shall consider and deliver their sentence. If the Accused instead refutes the accusations, then the trail shall continue.
ix. The Magistrate shall present their evidence against the Accused. After each item of evidence is presented, the Accused may offer rebuttal regarding the evidence. The Magistrate may present their own rebuttal to that of the Accused, after which the Magistrate (or Council of Solace) shall take the evidence into consideration for its validity.
x. The final deliberations and verdict will be conducted by a full voting council, and will be decided by simple majority vote, with no extra votes being granted to any council member or proxy.
xi. After deliberation, the judgment of the Accused will be announced. If Innocent of all crimes, the Accused shall be released. If the Accused are found to be Guilty of any of the crimes presented, their sentence shall also be announced. The Master of Arms or their appointed Sheriff are responsible for carrying out the sentence.
xii. The matter of the crime is considered finished, and shall not be revisited without great need as determined by the Magistrate (or Council of Solace).
XI. Rules of the Duel under Solace Law
These rules are set in place to provide a standard code by which matters of honor may be settled in Solace between offended parties and their offenders. Under the Rules of Society, it is Treason not to abide by the terms of a duel, including the provisions herein. Duels and duelists that break these rules of civil conflict will be brought before the Council of Solace for their transgressions.
Rule 1: Upon receipt of a slight, dishonor or injury, the offended party may petition the Council of Solace for permission to seek a duel. If approved, the duel must be overseen by the Magistrate for it to be legal by Solace law. (OOC NOTE: A GM must also be present during the duel, as PvP actions can become heated.)
Rule 2: Once approved by the Council of Solace, the offended party may challenge the offender to a duel. This challenge may be issued in one of three ways: verbally, in a public posting, or by throwing a glove or gauntlet at the feet of the offender.
Rule 3: Upon being challenged, the offender may offer immediate and public apology, or may accept the duel. Accepting a duel may be done verbally in public, in a public posting, or by lightly slapping one’s glove across the face of the challenger.
Rule 4: The challenger is obliged to divulge his cause of challenge unless excused from doing so by the challenged before their meeting.
Rule 5: If the challenged both refuses to duel and refuses to make an apology, it is to be taken as an admission of guilt and loss of honor. The exception to this is if the challenger is not of equal rank as per the requirements of the Rules of Society (i.e., the challenger is of lesser rank than the challenged.)
Rule 6: If no apology is offered, both principal parties must publically name their seconds to arrange further matters of the duel. These seconds may also fight themselves, at the prerogative of the challenger's second. This shows that the second believes his principal to be right in the matter of honor, and is willing to shed his own blood to defend that honor.
Rule 7: If the principal is, in good faith, unable to attend the duel, the opposing principal may choose to fight his second or to delay the duel.
Rule 8: Seconds should be of equal rank in society with the principals (i.e. challengers) they represent. As a second may fight in the place of a principal, he should be of appropriate rank to take his principal's place.
Rule 9: The challenged has the right to name the weapons used, unless the challenger gives his honor he is unable to use the chosen weapons. The challenged can then make another choice of weapons. If the challenger gives his honor he is unable to use the additional chosen weapons as well, then the duel shall be fought with long swords.
Rule 10: It is the responsibility of the challenged to provide equal weapons for both sides, and to give the choice of specific weapon to the challenger. The challenger may waive this obligation and provide for his own (appropriate) weapon.
Rule 11: The challenged chooses his ground (facing direction, high/low ground at site, etc.); the challenger chooses the distance; the seconds fix the location, time and terms.
Rule 12: Seconds are bound to attempt reconciliation before the meeting takes place, or after sufficient hits, as specified.
Rule 13: But no apology can be received, in any case, after the parties have actually taken to the grounds, without exchange of blows.
Rule 14: Honor is not gained by a party simply for taking to the grounds; as a gentleman, he must maintain dignity and decorum during engagement, and proceed with the duel with honor.
Rule 15: If the cause of the meeting be of such a nature that no apology or explanation can or will be received, the challenged takes his ground, and calls on the challenger to proceed.
Rule 16: Engagement may be regulated -- first by signal; secondly, by word of command; or thirdly, at pleasure -- as may be agreeable to the parties. In the latter case, the parties may engage at their reasonable leisure, but additional starts and rests are strictly prohibited.
Rule 17: If engagement is regulated by signal or word of command, and one party steps off mark before such as time as is allowed, the opposing party’s second is honor-bound to strike him a blow.
Rule 18: If seconds are to exchange blows themselves, it must be at the same time and at right angles with their principals, side by side, with five paces interval. The conditions of the seconds' combat are to be the same as the principals'.
Rule 19: No false attacks meant to avoid causing harm to the opponent is admissible in any case. The challenger ought not to have challenged without receiving offense; and the challenged ought, if he gave offense, to have made an apology before he came on the ground; therefore, children's play must be dishonorable on one side or the other, and is accordingly prohibited.
Rule 20: Any wound to the arms sufficient to prevent the combatant from continuing with honor must end the business for that day. If a party is so wounded, and the challenger’s honor remains unsatisfied, he may allow the wounded party’s second to complete the duel in the primary duelist’s place.
Rule 21: The parties engage until one is well blooded, disabled, or disarmed, as per the terms decided; or until, after receiving a wound, and blood being drawn, the aggressor begs pardon. The disarmer may (strictly) break his adversary's sword; but if it be the challenger who is disarmed, it is considered as ungenerous to do so.
Rule 22: In the case the challenged be disarmed and refuses to ask pardon or atone, he must not be killed, as formerly; but the challenger may lay his own sword on the aggressor's shoulder, then break the aggressor's sword and say, "I spare your life!" The challenged can never revive the quarrel -- the challenger may.
Rule 23: The challenger may end the duel at any time if he deems his honour satisfied.
Rule 24: Once engagement has ended, the issue is to be considered resolved, regardless of the outcome. If additional terms were agreed upon per vindicated party, these terms must be immediately addressed.
XII. Transience
1. Due to the radical nature of these laws, they are enacted on a one year trial basis. They will take effect in the election following their adoption. Before the Yule of their adoption year (near the end of the term), the council of that time must vote to keep these laws and any modifications made during that term, or abandon them and return to the legacy laws and organization of the previous councils. A successful affirmative vote at that time will make the new laws permanent. If no councilmember remembers to put the laws to a vote of permanence, the affirmative vote automatically succeeds.