Melhed/Laws

Constitutional Principles

1) Every patrician has the right to speak freely.

2) Every patrician has the right to sit on the Forum, unless convicted of a capitol crime and labeled unfit for duty.

3) All citizens have the right to believe in any religion so long as its practices do not conflict with the law.

4) Putting to death of anyone un-convicted, no matter who they might be, is forbidden.

5) No patrician is to be punished for the crimes of their family without direct involvement.

6) The laws of the Republic hold true within it's borders and for all citizens no matter how far they might travel.

Government

1) The Senate is the governing body of the Republic and made of all elected patricians holding land, the Consul, the Tribune, and an Augur of the Old Gods.

2) The Senate determines every aspect of realm governance through voting; in which each Senator has one vote per issue. The Tribune receives no vote.

3) The Senate gathers to vote, or Conventus, starting Friday and ending Sunday. Senators have until Monday to cast their votes on matters discussed during the week's Consilium, or deliberation. All who do not vote are assumed to abstain.

4) Senate positions are determined by election with all patricians, not labeled unfit for duty, eligible for position and permitted to vote. Positions are held until either: retirement, abdication for dereliction of duty, or the territory is lost. In the case where the territory is lost the Senator retains their rank for one month, during which they automatically gain the title if the region is reclaimed. One can run again in the future if they wish.

5) Only a Senator is eligible to run in an election as a Consuasor, the lord of a city.

6) The Forum, made of all patricians interested in the affairs of state and the Senate. Non-Senators have no obligation to realm governance, though may comment as they wish.

7) All correspondence from a foreign nation, not dealing with the personal matters of the government member in question, are to be made known to the Forum, unless the foreign nation deems them sensitive and then they are to be sent to the Senate alone.

8) All Senatorial decisions are to be presented to the Forum before acted upon, though approval is not needed.

9) Changes to the law by addition, subtraction or alteration require a vote be held in the Forum.

10) All Senatorial decisions are to be carried out. To oppose the Senate is to oppose the republic and is punishable by labeling the offender unfit for duty.

Voting Laws

1) Each patrician has one vote per issue, whether for a position or a course of action.

2) Should a patrician be unable to make the vote day they may, in advance, declare another to hold their vote via proxy.

3) After an election is called for the position(s) of: Senator, Consuasor, Imperator, or Marshal, interested patricians have 48 hours to declare their candidacy (NB: Aldo Unti is always a candidate even if not eligible). After this period, votes may be sent to the realm at large or the Praetor.

4) The office of Consul and Praetor will be elected once every 30 days, by secret ballet among the Senate.

5) The office of Quaestor will be elected once every 3 months, by secret ballet among all Patricians.

6) For votes done by the Senate all votes are to be sent to the Senate or Forum.

7) A vote to remove a Senator or Consuasor from office for dereliction of duty may only be started by a member of the Forum on the behalf of the patricians of the realm and requires 60% of all patricians in favour to pass. For such a vote two tribunals are appointed, one by the Senate and one by the Forum to count the votes.

Court

1) All patricians have the right to a fair trial, and know the charges against them.

2) Trials are to be held in public so all patricians know the evidence and crime.

3) The Praetor may only use his authority in punishing of those convicted.

4) If someone is called to go to court, he is to go. If he doesn't go, then he should be captured.

5) Only a landowner can offer collateral for another landowner. But any civis (citizen) can offer collateral for a civis.

6) If one shall permit himself to be summoned as a witness, if he does not give his testimony, let him be noted as dishonest and incapable of acting again as witness.

7) For matters where the Praetor is in doubt, but not so much so that they should be removed, the Senate should appoint another to oversee the trial and their decision abided by. If the Praetor is in great doubt he should retire from office so the patricians can elect another.

8) For matters where the guilt of a person is without question, having been caught in the act of malicious action with forethought, no trial need be brought to the realm and the Praetor may decide based on the laws.

9) Should a civis fail at a task and thus be labeled as unfit for duty, dishonest, shunned, lacking conviction, or any other state listed herein then the mark is to be placed in the national census for all to see.

10) Should a civis have a label listed it can be removed by a Senatorial vote.

Tort

1) The penalty shall be severe for a Praetor or Senator, legally appointed, who has been found guilty of receiving a bribe.

2) Treason: he who has roused up a public enemy, handed over a civis to a public enemy or worked in the name of a public enemy must suffer exile or death.

3) Someone who has brought a false claim to the Praetor, and does not buy the peace of the accused, shall be brought before the Praetor, and shall pay a double penalty.

4) Those who tell falsehoods about their fellow civis, and do not buy their peace, will suffer the penalty of shunning.

5) The holdings of a patrician are theirs, to do with as they wish so long as they break no laws.

6) If one has maimed another, physically or otherwise, and does not buy his peace, let there be retaliation in kind by the wronged or the Praetor depending on the need.

Should no agreement be reached the Praetor may assign the fee.

7) Any person who destroys by burning any building or heap of food shall be bound, scourged, and put to death by beheading provided that he has committed the said misdeed with malice aforethought. However if he shall have committed it by accident, it is ordained that he repair the damage or, if he be too poor to be competent for such punishment, he shall receive a lighter punishment.

8) If a theft has been done by night and the owner kills the thief in the act, the thief shall be held to be lawfully killed. If a theft has been done by day, or the thief not killed, then the thief is to be charged and sentenced in just court to server those they would rob as a slave for a time. If they can or will not, then their hand is to be removed.

9) A patrician, captured during honourable battle, is to be treated as an honour guest of the Praetor, provided with comfort and not harmed as fitting a patrician of honour.

10) A patrician, captured during dishonourable battle is to be treated as a blackguard, their safety is forfeit and comfort rendered irrelevant by their disregard of honour.

Plebeian Tort

1) No plebeian shall be permitted within the walls of the Senate.

2) Matters of justice among plebeian are to be settled by the Senator who is their lord. The Praetor may assist.

3) No plebeian may raise his hand against a patrician, nor hurl insults or make damage upon their property.

4) A patrician cannot be found guilty of a crime committed against a plebeian. However another patrician can challenge the offender to combat and whoever loses owes the other reparations, which may in turn be paid to the plebeian. Refusal to meet the challenge is not punishable but the patrician is thus known as lacking conviction.

5) The Tribune represents the interests of the plebeians on the senate. They are responsible for conversing with the plebeians and arranging matters of the plebeians to be brought before the senate. The Tribune does not vote, but may sit in the Senate. The Tribune is elected from the patricians by a joint vote of all patricians and all plebeians in the capitol on the day of the election. They hold office for two months.

6) Plebeians not associated with a particular region are the responsibility of the Tribune. With the Tribune acting as their Senator.

Legal Labels

Unfit for Duty: can not legally hold office, and are considered to hold the same rank as pelebeians in all legal matters
Dishonest: known liar, and in contempt of court
Shunned: known to use slander
Lacking Conviction: not willing to defend their actions

Definitions

The following sections of the laws still need to be defined by the Forum:

1) What are Capitol Crimes?
See Tort 2
2) What actions result in Dereliction of Duty?
Whatever the accuser belives counts and the republic agrees with
3) Where lies the Power of the Senate?
The senate, as a full body, is the God-Emperor of Melhed. If a unanimous decision were to be reached it would carry divine authority, otherwise it is the lesser agreement which must follow the laws of the Republic.
4) When should elections be called?
See voting laws 3.