Laws of Hashan
The Court has been known for Achaea's first complex legal system, having surpassed both ancient Ashtan and Shallam in governmental politics. Here, Hashan's laws are listed first. Next are the policies of Hashan, which are recorded in a single, albeit large, text called the Great Canon of Hashan, composed chiefly by Seneschal Elentari Lokelinde-Danial in 240 AF.
The Laws of Hashan
AIDING AND ABETTING
Aiding and abetting shall be defined as intentional aide being given to a City Enemy of Hashan. This aide will include, but not be limited to, allowing a City Enemy to follow into the city itself, granting access through sonic portals, vodun travel through a doll, or the unapproved splicing of wormholes. The penalty will be no less than a six month City Enemy status and a fine of 1000 gold sovereigns.
Arson is defined as the act of causing destruction or property damage by burning. Arson has the added charge of assault if any person or sentient entity becomes harmed thereby. The penalty for arson shall be dependent upon the degree of damage caused thereby, but shall in no case be less than 1000 sovereigns plus 3 times the value of the property damaged and adequate and just compensation to any part or parties aggrieved thereby. The penalty shall also include City Enemy status of no less than 1 year.
Assault is defined as any threat or attempt upon the physical, mental, or emotional integrity of any citizen, law-abiding guest, or sentient being, by any means, whether or not such attempt is successful. These attempts include physical battery, psychic attack, blocking or binding without legal cause. Note that it is legal to detain an individual committing a criminal act. The penalty for assault shall include a fine of no less than 2000 gold sovereigns and no less than two years of enemy status from the City-State of Hashan.
BREAKING AND ENTERING
Breaking and entering refers to any act including, but not limited to, breaking, burning, opening, or transportation through by esoteric means or in any other fashion, any portal (including, but not limited to doors, windows, etc.) that has been locked or otherwise made impassable by its lawful owner(s) and the act of entering the location beyond such portal. The act of entering is not however required to meet the definition. Breaking and Entering is punishable by a fine of not less than 1000 gold sovereigns and compensation to the aggrieved party in the value of the destroyed property.
Criminal conspiracy shall be deemed to mean any communication, in any form, for the purpose of preparing or arranging the commission of any crime. The penalty for criminal conspiracy shall be the same as if the crime was actually committed.
Defilement is defined as the destruction OR attempted destruction of Holy shrines within the territory of Hashan that belong to the City Patrons of Hashan, specifically those of Valnurana, Ourania, Neraeos, Matsuhama, or any shrine given protection by the Council of Regents. Anyone caught defiling any such shrines will be subject to a sentence of no less than 10 years and a fine of no less than 50,000 gold. In addition to restitution and time served, the offending party must receive forgiveness of the Divinity upon whom the assault was aimed. No shrine other than those for the City Patrons may be erected within the walls of Hashan without the express permission of the Ruling Council.
DEPRIVATION OF FREEDOM
Deprivation of freedom is defined as any threat or attempt upon the physical, mental, or emotional integrity of any citizen, law-abiding guest, or sentient being, by any means, whether or not such attempt is successful. These attempts include any methods not covered by the common law of Assault. Note that it is legal to detain an individual committing a criminal act. The penalty for Deprivation of Freedom shall include a fine of no less than 2000 gold sovereigns and no less than two years of enemy status from the City-State of Hashan. Cases of harassment will be considered on a case by case basis, but in no case will it be less than the original charge of deprivation of freedom.
DESTRUCTION OF PROPERTY
Destruction of Property is defined as the destruction of, OR the attempted destruction of, non-living objects within the territory of Hashan. These objects include, but are not limited to wormholes (which may be cancelled by those who have attained sufficient skill either in subterfuge or survival) and sigils or other objects (which may be destroyed via the use of mushroom sigils and other apparatus or skills.) Anyone caught destroying property within Hashan will be subject to a sentence of no less than 4 years and a fine of no less than 5,000 gold. Anyone who succeeds in the destruction of said property will have their sentence and fine doubled.
Manslaughter is defined as any act resulting in the death of any citizen, law-abiding guest, or sentient being that is not defined as murder. The punishment for manslaughter shall be determined on a sliding scale with a minimum fine of 3000 gold sovereigns and a minimum sentencing of 2 years for the first offense. Each additional act will incur a fine and enemy status of the number of incidents multiplied by each single act's sentencing (i.e. 3000 gold and 2 years for the first occurrence, 6000 gold and 4 years in addition to the single-crime amount for a total of 9000 gold fine and 6 years enemy status for two successive violations, et cetera.) With NOTE: ANY CRIME OF MURDER OR MANSLAUGHTER THAT INVOLVES THE USE OF A WEAPON, TOXIC SUBSTANCE OR ENCHANTMENT DECLARED ILLEGAL BY THE CITY GOVERNMENT SHALL HAVE TRIPLE DAMAGES APPLIED.
Murder is defined as any malicious act, either premeditated or accidental (if in the commission of another act with criminal intent or implication) that results in the death of any citizen, law-abiding guest, or sentient being, without sufficient cause. The punishment for the crime of murder will be determined on a sliding scale, as outlined by the sentencing detailed for manslaughter, and shall carry a fine of a minimum of 10,000 gold sovereigns and City Enemy status for a minimum of 10 years for the first instance.
PUBLIC USAGE AND DISTRIBUTION OF ILLEGAL SUBSTANCES
Usage is defined as the purchasing or public consumption of the so-called hard drugs, those that cause a physical addiction or dependency, such as gleam. Alcohol and cactus weed are not regulated by this legislation. In the case of purchasing of these items within the City, a fine of 2000 gold sovereigns and a sentence of two years is applicable. In the event of organized distribution of such drugs, the fine shall be that of 8000 gold sovereigns and eight years sentencing. Public consumption carries a 500 gold fine and six month sentence.
Defined as some combination of murder, trespass and assault upon citizens and/or denizens of Hashan. The formal charge of Raiding can only be upgraded from lesser charges by a council member or the Minister of Security. The change of raiding is a serious and grave offense and is not to be handed out lightly. First offense carries a fine of 75,000 and a term of 75 years of enemy status. Second offense is Perma-enemy.
Sedition is defined as the act of supporting, inciting or participating in any gathering designed to resist the lawful executive or sovereign authority of the City or its government in any violent or non-peaceable manner or designed to incite such resistance. Depending upon circumstances, sedition may be construed as treason, and will generally be construed as criminal conspiracy. The penalty for sedition shall a minimum of 5000 gold sovereigns and possible City Enemy status. If treason and/or criminal conspiracy are appropriately added to the charge of sedition, their penalties shall also apply.
Theft is defined as the act of stealing, taking, or transporting any item or items from a group or individual's person, residence, business, or other secure location, without the verifiable permission of the group or individual. Theft may also be defined as taking an object known to belong to another and retaining it or otherwise making the item unavailable to its rightful owner, no matter its location or status. Willful destruction of the personal property of another, no matter its form, shall be deemed equivalent to theft. Theft is punishable by a fine of a minimum of 3000 gold sovereigns plus 3 times the value of the stolen item or items, and return of the item or just compensation to the aggrieved party. Enemy status will depend upon the level of the theft, including the possibility of being enemied permanently.
Treason is defined as any act against or damaging to the sovereign integrity of Hashan, its Seneschal or its Regents that results in physical, mental, or emotional harm to, or any attempt to unlawfully overthrow, the city-state or its leaders or members of the government of the City for political reasons. This shall not be construed to provide immunity to valid criticism and the exercise of rights of citizens. This law exists to prevent slander and other malicious intent that would prevent the city-state or the government from the efficient performance of duties necessary to the common good of Hashan. Impersonation of City officials may be construed as treasonous. The penalty for treason shall be no less than 5000 gold sovereigns and, depending upon the severity and circumstances of the crime, City Enemy status ranging from 3 years to permanence.
Trespass is the act of moving, in any fashion, mundane or esoteric, on any property without the expressed permission of the property's owner(s) or guardian(s). Property boundaries shall be defined and declared by means such as, but not limited to, guards, signs, walls, etc. Shops and Guildhalls and citizen homes shall, for purposes of this law, be considered de facto so-defined. The penalty for trespass is a minimum of 1000 gold sovereigns no less than one year of enemy status.
Vandalism is simply defined as the willful alteration of property without the owners express permission. This includes Graffiti and the like. It bears a fine of 1500 gold and City Enemy status for no less than 9 months.
The Great Canon of Hashan
The city-state of Hashan, called Court of Shadows is an independent, sovereign entity. Reference to the "City" is to Hashan. The Divine Patron of Hashan is chosen by the Seneschal and is to be revered and respected by all citizens. If in any event the Patron wishes to give advice and/or comments, the city will respect and abide by them with the utmost of haste. The Great Canon sets forth the basic laws of Hashan and its territories. The Canon is to be considered the final authority of law in the City and its territories. If any other law is inconsistent with law as provided in the Canon, the Canon shall prevail and the other law shall, to the extent of the inconsistency, be considered null and void, except as provided below.
The Canon may be interpreted by the Judiciary. The Canon is subject to amendment, following the rules and process outlined in the Canon as necessary to such process. No provision of, or interpretation, or amendment to the Canon is valid that is in contradiction with Divine Law or policy as promulgated by Sarapis, the Logos or the Divine Patron either Divine Decree or in the Scrolls of HELP.
Internal affairs and rules of recognized professional guilds and organizations, and religious Orders with legal residence in the City shall be exempt from Canon rules as regards such internal affairs and rules except where the exercise of said right to internal sovereignty is inimical to the public order, or detrimental to the City or its lay citizens.
The Canon is to be considered the final authority of law in the City and its territories. If any other law is inconsistent with law as provided in the Canon, the Canon shall prevail and the other law shall, to the extent of the inconsistency, be considered null and void, except as provided below.
Fundamental Rights and Privileges of Citizens
All citizens of Hashan shall enjoy the following fundamental rights, freedoms and privileges regardless of race, gender, origin, political opinion, guild affiliation, or religious adherence, however subject to such limitation as may be necessary for maintaining respect for the rights, freedoms and privileges of other citizens and for the public order. The rights of citizens, both as individuals and as members of the society of the City are guaranteed by the City, and all agents of the government of the City shall be obligated to insure the unhindered exercise thereof. The abusive exercise of rights, freedoms and privileges by any citizen or agent of the government shall not be permitted.
No Citizen shall be intentionally deprived of his or her life. No person shall be deemed to have been deprived of life in contravention of this privilege if such death is caused as the result of the use of force to an extent necessary to and permitted by law i.e. for the defense of a citizen from violence, in order to effect a lawful arrest, to prevent the escape of a person lawfully detained, for the purpose of suppressing a riot, insurrection or mutiny, in order to prevent commission by that person of a criminal offense, or as a lawful act of war.
No Citizen shall be deprived of his or her personal liberty. No person shall be deemed to have been deprived of personal liberty in contravention of this privilege if such deprivation is caused as the result of any of the following: For the defense of a citizen from violence, in order to effect a lawful arrest, or prevent the escape of a person lawfully detained, for the purpose of suppressing a riot, insurrection or mutiny, in order to prevent commission by that person of a criminal offense, or as a lawful act of war.
Freedom of Expression
No person shall be hindered in the enjoyment of his or her freedom of expression. These freedoms shall include the rights to hold opinions without interference, to receive information and ideas without interference, to communicate information and ideas without interference, be it publicly or to any individual person or class. This right shall not be deemed to have been contravened by any act or prohibition instigated under authority of law providedthat: Such law or action is reasonably required in the interests of defense, security, public safety and/or order; OR is required for the purpose of affording protection to the rights, freedoms and privileges of other citizens; OR has the effect of imposing such restrictions on government officials or public officers as are reasonably required for the proper performance of their duties.
Such rights shall not include any activities or communications that abrogate the rights and freedoms of other citizens, or the private lives of other citizens concerned in legal proceedings. Nor shall they include any acts or communications disclosing information received in confidence. Nor shall they include any acts or communications that may mitigate the authority and independence of the judiciary. Nor shall they include any act or communication disclosing information on the composition, equipment, or deployment of armed forces of the City, or its fortifications. Nor shall they include any act or communication aimed at the violent overthrow of the government or directed against the territorial integrity of the City. Individuals involved in treasonous activities as defined by law shall have no rights.
Freedom of Conscience and Religion
Freedom of religion and conscience is inviolable. Enjoyment of rights and liberties are not dependent upon the individual's religious beliefs or lack thereof. The rites of worship of all known religions shall be under protection of the law, however the practice of such rites is not permitted to offend publicorder. No citizen may refuse to comply with the laws by reason of religious conviction.
Protection under Law
All citizens shall enjoy equal protection under the law without discrimination. All citizens shall have the right to petition the government.
The Government of the City
The government of the city-state of Hashan is structured in accordance with, but not necessarily limited to, the rules and principles stated in Section 10 of the Scroll HELP. That is to say, the government is comprised of a ruling council of five individuals, titled Regents. One of the Regents shall be elected in accordance with the aforementioned Section 10, and shall be titled Seneschal. The Seneschal shall appoint seven Ministers, whose respective spheres of influence and titles shall be Ambassador, War, Security, Treasury, Steward, Trade and Chancellor.
General Responsibilities and Rights of the Government
The Government shall consist of the Seneschal, The Regency Council, The Ministries and Aides thereto, and such other persons, appointed or elected, who may be deemed necessary for efficient performance of governmental duties. The Government shall determine and carry out State policy. The Government shall haveat its disposal the administration of the armed force of the City. The government has the right to respect in the responsible performance of its duties, and shall not be subjected to willful slander, libel, or impedance by citizens of the City, under penalty of law.
Responsibilities of the Seneschal
The executive authority of Hashan shall be vested in the Seneschal, assisted and advised by a government directed by the Council of Regents and the Ministries. The Seneschal shall be the Head of State, the Supreme Commander of the Armed Forces, and the Head of the Executive Branch of the government. The Seneschal ofHashan shall be the guarantor of the territorial integrity and independence of the City. The Seneschal shall be responsible for the execution of treaties. The Seneschal shall watch over the regular functioning of the public powers vested by the Canon and assure the continuity of the city-state. The Seneschal shall consult with and be advised by the Council of Regents and the Ministries.
Rights and Powers of the Seneschal
The Seneschal shall have the right to appoint Ministers and to remove Ministers for cause. The Seneschal shall have the right to be informed by and to consult with the Council of Regents and the Ministers on any matter related to the government of Hashan. The Seneschal shall have the right of pardon. The Seneschal shall have the right of final veto on legislation, however such veto may be overridden by a three-fifths vote comprised of the members of the Councilof Regents, not including the Seneschal, and one citizen chosen by popular referendum.
The Seneschal shall have the right of final veto on laws or decisions concerning foreign affairs, security or defense, however such veto may be overridden by a four-fifths vote of the Council of Regents, not including the Seneschal, and one citizen chosen by popular referendum. The Seneschal shall have the right, in case of temporary disability, to appoint an acting Chief Executive from the Council of Regents. Such interim Executive shall relinquish his or her powers upon request of the elected Seneschal. The Seneschal shall have right of conscience and where, by provision of the Canon, the Seneschal is required to perform any function after consultation or advisement of any person or authority, he or she shall not be obliged to perform that function in accordance with the advice of that person or authority.
Removal of the Seneschal from Power
The Seneschal may be removed from office for any of the following: willful violation of any provision of the Canon, behaving in a manner that endangers or compromises the security of Hashan, behaving in such a manner as to bring the office of Seneschal or the government into hatred, ridicule or contempt.
The Council of Regents
The Council of Regents shall be the supreme governing agency of the City. The Council of Regents shall have the general direction and control of the government of Hashan, and shall be collectively responsible therefor to the citizens. The Council of Regents shall keep the Seneschal fully informed concerning the general conduct of the government of Hashan and shall furnish the Seneschal with such information as he or she may request with respect to any particular matter relating to the Government of Hashan. The Council of Regents shall have the right to initiate laws. The Council of Regents shall have the right and responsibility to advise and consult with the Seneschal. The Council of Regents shall have the right to initiate and call for votes within the council on matters of City government or policy where such matter or policy is not provided for by the Canon.
All candidates for the Council of Regents shall be members of one of Hashan's chartered citizen guilds in good standing. Chartered citizen-guild candidates shall maintain residency and citizenship within the territory of the City for a minimum of ten consecutive years. Non-chartered citizen-guild candidates shall be permitted to run for the Council of Regents if the approval of the Chartered citizen-guildmasters is obtained. Non-Chartered citizen-guild candidates shall not be permitted to run for the Council of Regents if they have not maintained residency and citizenship within the territory of the City for a minimum of twenty consecutive years.
The Ministers shall be responsible for the efficient functioning of their respective spheres of influence. The Ministers and their Aides shall serve at the pleasure of the Seneschal. The Ministers shall be responsible to the Council of Regents. The Ministers shall keep the Seneschal fully informed concerning the general conduct of the government of Hashan and shall furnish the Seneschal with such information as he or she may request with respect to any particular matter relating to the Government of Hashan.
Amendment to the Canon
The Council of Regents shall be responsible for initiating amendments to the Canon. No amendment shall repeal the laws, rights and responsibilities already set forth within this Canon. All amendments, once approved and drafted by the Council of Regents, shall be set before the people for ratification by popular referendum. Sarapis, the Logos as well as the Divine Patron reserve the right to overturn any amendment that is found to contravene Divine Law.
The Council of Regents shall be responsible for initiating and implementing a plan for the establishment of a judiciary.
The Judiciary Amendment
In compliance with the directive of the Great Canon of Hashan that the government implement a judiciary system, this amendment sets forth the military courts system of the City.
The Judiciary branch of the government of the city-state of Hashan shall have charge of holding trial and hearing cases of the citizenry of Hashan in civil and military matters. The judiciary shall have authority to interpret and apply canon, common, and guild law in relation to such cases. Judges shall consist of the members of the Regency.
The Chancellor, henceforth known as the Staff Judge Advocate, shall be responsible for the efficient functioning of the military and civil courts system. To this end, the Staff Judge Advocate shall be responsible for communicating with the Security Minister in order to discover what cases the Judges are to hear.
If a citizen is of the opinion that a decision in his or her case has been unfairly rendered, he or she may appeal directly to the Seneschal, who shall serve as the final appealing authority. Appeal shall be requested of the Staff Judge Advocate who shall decide the merits of said appeal and submit notice of approved appeals directly to the Seneschal for action. Notice of rejected appeals shall also be directed to the Seneschal for review. The Seneschal shall retain the right of direct oversight over the office of the Staff Judge Advocate. The Seneschal shall also retain the right of Executive Pardon for all crimes committed against the City. Executive Pardon does not mean that the offender is innocent of the crimes committed, but rather is a recognition that the offender acknowledges his crimes and has demonstrated and/or will continue to demonstrate a sincere attempt to obey the laws of Hashan.
The government of the City shall have the right to bring cases before the court on behalf of the People of Hashan.
The War Amendment
The decision to participate in armed hostilities (war) shall be decided at the request of the Seneschal, by a vote of the members of the Council of Regents, not including the Seneschal. In the event that the result of the Regents' voting is a tie, the Seneschal shall cast a tie-breaking vote. Conversely, the Seneschal may declare war outright, at which point the Regents shall be required to render their votes on the issue. Upon declaration and approval of the state of war, authority for coordinating the war effort shall reside in the person of the Minister of War, who shall consult with and act with the approval of the Seneschal. A declaration of war is valid only upon official, public proclamation by the Seneschal, by his or her appointed acting chief executive, or by the Ambassador, acting on direct order from the Seneschal. The state of war is ended upon official and public declaration by the Seneschal.
Any members of organizations, Divine Orders, Guilds or cities upon which war has been declared shall be categorically branded enemies of Hashan by the Security Minister regardless of their direct involvement or their individual strength. In addition, all their property, to include shops and houses, are to be confiscated by the Minister of Trade in the name of the city government. Citizens of Hashan who are members of an organization upon whom war has been declared are required to contact the Security Minister in order to acquire special dispensation. If this is not done within a reasonable amount of time, citizenship will be stripped and the individual concerned will be branded an enemy of the city.
The Regency Amendment
A member of the Council of Regents, not including the Seneschal may be removed from office for any of the following: Willful violation of any provision of the Canon; Behaving in a manner that endangers or compromises the security of Hashan; Behaving in such a manner as to bring the Council of Regents or any office of the government into hatred, ridicule or contempt; For neglect of duties due to apathy or occasioned by an unexcused absence of more than one year as referenced by the calendar accepted as common to the inhabitants of the continent of Sapience. In the event of an unexcused absence exceeding this time limit, the Seneschal shall solicit contest and election from the populace for the seat of that Regent.