Lex Imperia

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Infragris
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Lex Imperia

Post by Infragris » Sun May 06, 2018 10:38 am

Another judicial book series, this time snippets from a set of civil and commercial codes. The Lex Imperia was codified under the reign of Uriel I, the Septim dynasty's great lawmaker, and is still considered exemplary of rational, enlightened government. The books do not deal in criminal or penal code, two fields that still, to this day, rely on a patchwork of older legislation built on the repressive marukhati framework. Seven-book series.
LEX IMPERIA I

1. The Empire is Law, the Law is Sacred
2. The Law is Empire, to be promulgated under the rule of the Emperors Cyrodiil
3. The rule of the Emperors Cyrodiil is Sacred, and legitimate under Law

[...]

I.VIII The Citizen
1. The Citizen is they, born under the benevolent rule of the Emperors Cyrodiil
2. Let Law, Duty and the Exercise of Rights flow freely from the status of Citizen
3. Let Law, Duty and the Exercise of Rights be in accordance to the Citizen's Caste, Race, Class or Inherent Nobility in adherence to the Provincial Codices
4. That all born under the rule of the Emperors Cyrodiil, being all of the Lands and Provinces of Tamriel, and its Protectorates, be considered Citizens the year which shall succeed the period of their majority
5. That all children born of they born under the rule of the Emperors of Cyrodiil, be they children born in the Lands and Provinces of Tamriel, or be they born elsewhere, be considered Citizens from the year which shall succeed the period of their majority; when in accordance to underlying statutes
6. That a Stranger of Strange Lands shall enjoy the same Civil Rights accorded to true Citizens of the Empire in this Stranger's land of origin, by treaty, or by the grace of the Emperors Cyrodiil, or by their Ennobled Representatives
7. That an Outsider of the Principalities shall not enjoy Civil Rights as others, but be judged and treated as according the Codices befitting the denizens of Oblivion

[...]

I.XI Indigence of Citizenship
1. The Quality of Citizenship may be lost by: naturalization in Strange Lands; acclimatization in Principalities; assumption of public function in either Strange Lands or Principalities; adoption in sodalities which shall require distinctions of birth; enrollment or association in military service of foreign powers, any settlements made in extramundial territories without intention of return
2. The Quality of Citizenship may not be lost by commercial or mercantile establishment, this being in accordance to the natural proclivities of Man
3. A Citizen deprived of their Quality may, at any time, recover it by Sanction and Judgment of the Emperor or their Ennobled Representatives

[...]
LEX IMPERIA II

[...]

II.III Acts and Declaration before the Imperial Authorities
1. The records of Imperial Power shall declare year and day at which they shall be received; the declared name, surname, age, and class of those who shall be therein mentioned
2. The Executor of Imperial Power shall insert nothing in the act other than what is declared by the parties relevant
3. Warrants and papers of note shall be marked by glyph, in such a way as to be legible and traceable by Elder Scroll, and deposited in duplicate for the safekeeping of the Concordian Archives
4. Any act done in a civil court of a Stranger Place by a Citizen of Empire shall be deemed valid, if reduced to writing compatible with Elder Scroll
5. Every act done in civil court of a Stranger Place by Citizen of Empire shall be deemed valid, if acknowledged conformable to Law by diplomatic agents or commissioners of Empire for commercial relations
6. That offense to preceding articles committed by Executors of Imperial Power be prosecuted by Blood or Quill, and punished with a fine not exceeding 500 Septims or their lawful equivalent, or death

II.III.i Nascency
1. Declarations of birth be made, within five days of delivery, to the Imperial Executor of the place of birth
2. Be mentioned the day and place of birth, the sex of infant, the name which shall be given, birthsign, and parents and/or witnesses those names and professions, and domicile
3. That of newborn orphans the finder shall carry these to an Executor of Imperial Power, or a a Follower true to Maratic Law, or a Saint of Proven Infantine Disposition, and declare these the circumstances of time, and place, and also of the child apparent age and sex, and name
4. If this the child be born at sea, that the act of birth be drawn up in nine hours, in the presence of a parent, if at hand, and of two witnesses chosen from the vessel's officers, or for want from the ship's crew
5. If this the child be born on starlit sojourn, that the act of birth be drawn up in nine hours, presence of linear time permitting, in the presence of a parent, if at hand, and of two witnesses chosen from the vessel's officers, or for want from the vessel's crew
6. That the act of taking knowledge be inscribed in the registers, at its date

II.III.ii Marriage by Creed or Citizen Consent
1. That the act of marriage or personal union may be performed either by consent or before a Deity or Spirit of choice
2. That the Deity or Spirit of choice be manifest or be of proven Marital Disposition, be it the Divine Mara, a Servant Resplendent of the Divine Mara, a Saint of Marital Disposition, or otherwise a spirit or deity of Marital Disposition
3. That the Deity or Spirit of choice be represented by a priest, preacher, initiate, monk, hermit, holy fool, elder, haeresiarch, curate, cleric, elder, primate, oracle, prelate or ecclesiastic proven knowledgeable of the inner mysteries of the Deity or Spirit of choice
4. That the act of marriage or personal union by Citizen consent be witnessed by at least two attestors of good standing, or by a Representative or Executor of Imperial Power
5. Declaration of marriage or personal union be made, within three days of union, to the Imperial Executor of the place of union, either by the two partners both present or by either partner accompanied by their witnesses, representatives of Deity, Saint or Spirit, or representative of Imperial Power, or by the equivalent attestation in writing
6. Acts of opposition to a marriage or personal union be signed, both original and copy, by the parties in opposition, or their legal representatives, and communicated both to the part and the Imperial Executor, or else delivered at the domicile of these parties

II.III.iii Decease
1. That no interment, cremation, moth-consumption, or other burial take place without a written authority from the Imperial Executor of the place of death, free of charge, and that this written authority may not be delivered until the Imperial Executor or their Representative have been conducted to the deceased person to assure themselves of the death actual
2. The act of death be drawn up by an Imperial Executor or their Representative, or by a Servant of Arkayan Disposition, on the declaration of two witnesses, in good standing with the community
3. The act of death shall contain the name, surname, age, profession, and domicil of the deceased person, name and surname of their consort, if applicable, name, surname, age, profession, and residence of the deponents, and if related their degree of affinity
4. In case of death in a Legion hospital, civil or public edifice, Maratic sanatorium, or Imperial Prison, the master of this edifice is required to notify the Imperial Executor within 48 hours. Furthermore register of death shall be kept in the aforesaid edifices
5. When any sign or mark of violent death, or other circumstances which give rise to suspicion, shall appear, interment shall not take place until an Imperial Executor, Officer of the Watch, Servant of Arkayan Disposition, or doctor in the magic of physic, has drawn up a statement of condition, and of circumstances
6. Keepers of record within an Imperial Prison are required, within 24 hours after the execution of justice resulting in death, to transmit to the Imperial Executor at the relevant place all relevant information, after which the act of death shall be reduced to writing
7. Prisoners condemned to death by an Imperial Executor of justice, or prisoners in custody of the Imperial prison system who are deceased in any other manner, natural or unnatural, forfeit the rights of their mortal remains
8. The mortal remains of prisoners thus executed or otherwise deceased in Imperial custody may be released to their next of kin in return for a fee, the weight of which is dependant on the crime commited by the deceased Citizen
9. If no legitimate next of kin is willing to claim the mortal remains of the deceased, they may be disposed of by the master of this prison edifice or by a lawful Imperial Executor, either by interring the body with the proper Arkayan ritual, or by selling the body to an accredited mage, scholar, necromancer, or individual of noble birth.

II.III.iv Acts of a Civil Nature regarding the Legion in the Provincial Territories
1. Acts of a civil nature within the provincially administred territories, concerning the military or personae attached to the Legion, shall be committed to writing in forms prescribed by preceding regulations
2. The captain or commander of evert cohort shall discharge the functions of an Imperial Executor, wherever a Governor, Prefect, or other Representative of Imperial power is not present. The same function will be discharged by a military inspector at reviews
3 With every body of troops, a register shall be ept of acts of a civil nature relative to individuals of the corps, and another with the staff-officer of the Legion or Legion division
4. The register shall be endorsed and marked with glyph, in every corps, by the commanding officer
5. Declarations of birth in the army shall be made within 10 days succeeding the delivery
6. Declarations of marriage among the military shall be made at the last known domicil of both parties
7. Acts of death shall be drawn up, in every cohort, by the quarter-master or officer, or by the inspector at reviews

[...]
LEX IMPERIA III

[...]

III.IV Domicilia
1. The domicil of every Imperial Citizen is, as pertains the exercise of their civil privileges, that place which is their principal establishment
2. Change of domicil shall be effected by circumstance of actual habitation, accompanied by true intent of fixing principal establishment in this place
3. Proof of intent may be collected by express declaration to the magistrates of such a place which the citizen shall quit, as to those of the place where they wish to settle
4. A citizen called to public office must preserve their former domicil, unless they manifest a contrary intention
5. Acceptance of offices, bestowed for life, shall import immediate removal of the dignitary's domicil to the place where they are to exercise their office

[...]

III.XXI The Notion of Property
1. All property is movable, immovable, or of arcane nature

III.XXI.I.i Immovable Property
1. Property is immovable by nature, by destination, or by object to which it is applied
2. The soil of the earth and buildings with sure foundations are immovable by nature
3. Crops hanging by the roots, and fruit not yet gathered, are immovable by nature. If the crop is harvested but not yet carried away, it becomes movable. If only part of the crop is cut, only such a part alone is movable
4. Livestock which a proprietor agrees to give up to a tenant of farmer for the purpose of cultivation is regarded as immovable in pursuance of this agreement

III.XXI.I.ii Movable Property
1. Property is movable by nature, of by determination of Law
2. Movable in nature are all bodies which may be transported from place to place, be they animals or inanimate things
3. Movable by determination of Law are bonds and actions relating to sums demandable, or personal effects, actions and interests in companies for objects of finance, commerce, or industry, or perpetual or life annuities.
4. Boats, ferries, vessels, hako skiffs, and gondolas are all movable
5. Articles arising from the demotion of an edifice or the construction of a new one are movable until they are employed by the artificer of this edifice

III.XXI.I.iii Arcane Property
1. Arcane property is neither movable nor immovable by nature, but can only be considered as movable or immovable by determination of Law
2. Property normally considered immovable made movable by application of arcane energies is considered movable until such the application of arcane energies ceases to be
3. Property normally considered movable made immovable by application of arcane energies retains its status as movable property, regardless of the application of arcane energies
4. Rooms, houses, settlements, or otherwise locations that have been reduced to a movable state by application of arcane energies, be it by reduction in size, or folding, or transference to a private realm, are considered movable if their method of accession is movable; immovable if their method of accession is immovable

[...]
LEX IMPERIA IV

[...]

IV.XI Rights of Accession
1. Private Citizens have free disposition of the property theirs, subject to modifications established by Law
2. Property not belonging to private Citizens is administered by an Imperial Executor, and cannot be alienated except in the forms and in pursuance of peculiar regulations
3. Highways, roads and streets, passable rivers and streams, shores, ports, and shiproads, and all areas of Imperial territory, which are not susceptible to private proprietorship, are considered property of the Emperor, and dependencies of the Imperial domain
4. All unclaimed and ownerless property, and that of persons who die without heir, are property of the Emperor
5. All gates, moats, ramparts or places of war, and fortresses erected by the Legion, are property of the Emperor
6. Common property is that to the ownership or produce of which the inhabitants of one or more communes have an acquired right

[...]

IV.XXII Rights of Usufruct, Commons, and Habitation

IV.XXII.i
1. Usufruct is the right of enjoying the advantage of things that are in the rightful property of the proprietor citizen, in the same manner as the proprietor citizen, but on condition of this right being agreeable with the preservation of the substance of the thing proper
2. Usufruct is established by Law or by citizen consent
3. Usufruct may be established in simple manner or by condition
4. Usufruct may be established over every species of property, movable, immovable, or of arcane nature
5. In order to enjoy usufruct, the citizens involved must first establish security and make inventory of the property in question

IV.XXII.ii
1. The rights of commons and habitation are established and forfeited in the same manner as those of usufruct
2. Likewise, the rights of commons and habitation cannot be enjoyed without first establishing security and making inventory of the property in question
3. A citizen who enjoys right of habitation must care for this property as a proper citizen befits
4. Citizens who have right of commonage over the fruits of an estate, may not exploit these for more than is necessary to their wants and those of their next of kin
5. Citizens who have right of commonage cannot yield or let this right to others
6. A citizen who has right of habitation in a domicil, may bring their family to live there even if they were not married at the time when the right of habitation was conferred upon them
7. The right of habitation can neither be ceded nor hired
8. Commonage in woods, forests, jungle, and other places of wilderness are regulated by particular law, or by the Will of the Emperor if they fall under his direct territories

[...]
LEX IMPERIA V

[...]

V.IV Servitude or Manorial Services
1. A servitude is a charge imposed upon an estate for the use and benefit of an estate belonging to another proprietor
2. Servitude does not establish any pre-eminence of one estate over another
3. Servitude is derived either from the natural situation of places, or from obligations imposed by Law, or from agreements between Citizen proprietors
4. Inferior lands are subjected to receive the waters that flow naturally from superior lands, where the hand of man has not contributed to.
5. A Citizen who possesses a spring or source of fresh water on their lands may make use of it at their pleasure, saving the right which the proprietor of a lower field may have acquired by title or by prescription
6. Prescription may be acquired by uninterrupted enjoyment during the space of thirty years
7. The Citizen proprietor cannot change the course of a spring or waterway when it supplies the inhabitants of a community, village, estate, city, outpost, or any other settlement for their necessary use
8. A Citizen proprietor whose estate borders on a running water that is not declared a dependency of the Imperial domain, may employ it in any way he deems fit, as long as this does not befoul or unduly diminish the waterway
9. A Citizen proprietor whose estate is crossed by a running water, may employ it in any way he deems fit, on condition that the ordinary course of the water is restored at the boundary of their estate
10. Every Citizen proprietor may compel his neighbor to determine the common boundaries of their estates. Such determining must be at their common expense
11. Every proprietor may enclose their estate
12. Every proprietor who encloses their estate loses the rights to free pasturage and wilderness in proportion to the land he withdraws

[...]
LEX IMPERIA VI

[...]

VI.VI Succession
1. Successions are opened by natural or civil death
2. A succession is opened by civil death from the moment at which that death is noted to have incurred, conformably the regulations of II.III.iii.2
3. If several citizens, respectively the successors of each other, perish by one and the same accident, or in such close succession that it is not possible to ascertain the order of death, the presumption of survivorship is determined by specific circumstances, or by force of age
4. The order of succession among legitimate heirs is regulated by Law; in defect of such, by the judgment of the the Order of Immutable Commitment, or an equivalent Akatic Authority; in defect of such, the property passes to natural children, afterwards to the father or mother surviving, in absence of those, to the property of the Emperor
5. A Stranger of Strange Lands or an Outsider of the Principalities cannot succeed to property
6. Unworthy to succeed are those heirs who shall be condemned for having caused the death or attempted to cause the death of the defunct
7. Unworthy to succeed are those heirs who attempted to bring against the defunct a capital charge adjudged malicious
8. Unworthy to succeed are those heirs being of age who failed to report the death of the defunct to the Imperial Executor

[...]

VI.X Donation
1. In donation, the donor deprives himself of the thing given in favor of the recipient, who receives it both actually and irrevocably
2. In testament or will, the testator disposes of the whole or the part of his property, for such a time as when he no longer exists upon the Arena Supermundus
3. To take up permanent residence in the Principalities is considered a factual cessation of existence upon the Arena Supermundus, and as such a valid reason for the execution of one's testament or will
4. The testator is at liberty to revoke his testament or will at any time during life
5. A testator who is confirmed deceased or no longer bound to existence upon the Arena Supermundus, but nevertheless manages to communicate through necromantic means, is no longer at liberty to revoke his testament or will
6. Any condition included in a will or testament that runs counter to Law or morality shall be reputed as unwritten

[...]
LEX IMPERIA VII

[...]

VII.XIII Sales
1. A sale is an agreement according to which one Citizen is bound to deliver an object, and another Citizen to provide payment
2. A sale is complete between the parties, and as such property is acquired in Law by the purchaser with regards to the seller, on the moment the object of the sale and the price are agreed on
3. A sale may be absolute, or conditional
4. When merchandise is not sold in bulk, but by weight or measure, the sale is not complete until the goods shall be weighed, counted, or measured, as such it remains at the risk of the vendor
5. If the good is sold in bulk, the sale is considered perfect even when the merchandise has not been weighed, counted, or measured
6. With respect to wine, oil, and other products which persons are in the habit of tasting before making purchase thereof, the sale is not complete so long as the Citizen purchasing has not tasted and approved of them

[...]

VII.XXII The Capacity to Buy and Sell
1. All Citizens not under interdict of Law are capable of buying and selling
2. The following Citizens are forbidden to become purchasers on pain of nullity: guardians of property, factors of goods which they are entasked with selling, administrators of common or public establishments, Imperial Executors tasked with the care of Imperial Property
3 Every thing that is considered the object of Commerce may be sold, unless Law of particular nature prohibits it
4. Any sale of property owned by another Citizen is null

[...]

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Atrayonis
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Re: Lex Imperia

Post by Atrayonis » Sun May 13, 2018 2:58 pm

First, great things about the Daedra. This is just the kind of things I would want to see in such a text. Universal empire, indeed.

You have a couple of "Stranger Lands" intermixed with your "Strange Lands" (good term for an empire which doesn't really conceptualize "foreign" anymore).
Not so good that you still use this word in this little passage: "enrollment or association in military service of foreign powers". I thought that would be covered by "assumption of public function in either Strange Lands or Principalities".

Same sentence: "adoption in sodalities which shall require distinctions of birth; " - I understand that this is meant to apply to Dunmer slavery, but it seems to also apply to the Altmer caste system which is still in use. Is that intentional on your part?

"Maratic" - odd, I'd have used "Maran", but sounds pretty good.

" 1. The records of Imperial Power shall declare year and day at which they shall be received; the declared name, surname, age, and class of those who shall be therein mentioned" The use of 'class' is strange. I know it's in game, but it seems odd.

" 4. Any act done in a civil court of a Stranger Place by a Citizen of Empire shall be deemed valid, if reduced to writing compatible with Elder Scroll" is that sentence incomplete? It makes no sense to me. The next section has "by Citizen" instead of "by a Citizen" too.

" II.III.ii Marriage by Creed or Citizen Consent" is stricly using "marriage or personal union", but doesn't actually codify the difference. As I don't believe we've ever heard "personal union", I'd suggest just using marriage through the whole text instead.

No section about divorce?

There's often "name and surname" used, when often people have no surnames.

" 2. The act of death be drawn up by an Imperial Executor or their Representative, or by a Servant of Arkayan Disposition, on the declaration of two witnesses, in good standing with the community" I don't understand this. Does the representative need two witnesses to draw up the act, or do they need to witness that the dead person is in fact dead?

" 2. The captain or commander of evert cohort shall discharge the functions of an Imperial Executor" - should probably be "every", evert makes no sense to me.

Does the Imperial Legion even use cohorts? It's mentioned in the text, but I'm not sure.

" 1. All property is movable, immovable, or of arcane nature"
The following paragraphs should be listed in that order, but immovable comes first.

" 4. Boats, ferries, vessels, hako skiffs, and gondolas are all movable" There's also junks (which I think these ships in Morrowind are supposed to be. Not sure if they should be listed, thought, but felt the need to bring it up anyway.

" III.XXI.I.iii Arcane Property" this is very much involved in dividing arcane property into movable and immovable. However, what about the arcane property that is teleport networks such as Weir Gates, stronghold propylons or similar? If it is applied to two rooms in different cities, does the arcane ownership trump the immovable ownership?

" IV.XI Rights of Accession"
Is the Tribunal temple or a High Rock witch coven supposed to be an Imperial Executor or does it count as a private citizen? A lot of these are based on 1 person, not a collection of people as communal ownership.

" IV.XXII Rights of Usufruct, Commons, and Habitation"
The subsections of this subsection have no titles.

" 6. A citizen who has right of habitation in a domicil, may bring their family to live there even if they were not married at the time when the right of habitation was conferred upon them" It's always been "citizens" in the section before, so I'm not sure why this is singular. To preempt more than one family taking up domicil? Taking the personal ownership very seriously?

" 6. Unworthy to succeed are those heirs who shall be condemned for having caused the death or attempted to cause the death of the defunct" Shouldn't that be "have been condemned"? As it is right now, if they've already been accused and sentenced, they can inherit, but not before the sentencing.

" 2. A succession is opened by civil death from the moment at which that death is noted to have incurred, conformably the regulations of II.III.iii.2" While harking back to the text above, it's the first time the term "civil death" is used. It should be used in II.III.iii.2 as well.

" 1. In donation, the donor deprives himself of the thing given in favor of the recipient, who receives it both actually and irrevocably" - shouldn't this be "themselves"?

It is odd to see donations mixed up with testaments. Nice to see they bring up that a dead individual can no longer override his decisions made during life. Interesting thought: if the heir killed them and there are no other heirs, they have to watch helplessly as the Emperor takes control of their property if a necromancer keeps them around.

" 4. When merchandise is not sold in bulk, but by weight or measure, the sale is not complete until the goods shall be weighed, counted, or measured, as such it remains at the risk of the vendor" same odd use of "shall" as above. So it seems to be intentional. Odd choice, though. Is that historic?

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