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*sent to the Kingdom of Hierax in sealed scroll* (I'll send something in game when I have the time, just can't get online right this second. I've posted it here so that others may read it, but if it's not addressed to you it's not IC knowledge).
To the King and Lords of the Kingdom of Hierax and the Houses Aeyeras and Hawklight,
I have received your response and still wait for an answer on the motion for dismissal. From there, I must contest the court's power to interpret the meaning of words. It has the power to evaluate the credibility of the evidence, but that does not afford to the court the right to interpret the meaning of words beyond common meaning in normal usage. To interpret any other way would be beyond the scope of power this court possesses.
Having read the rules posted within the Kingdom of Hierax, and noting that Hierax does not subscribe to the common laws, there is no visible precedent or decree granting the power for the court to interpret the meaning of words to its own pleasure. In that sense, the only reasonable approach to defining the meaning of words is to use the word's meaning within everyday use. In the case at hand. Since we already have a definition for treason, this case boils down to words within the definition, which reads thus," Thou who hast spied against our glorious Kingdom, revealed state secrets helped the enemy or tried to overthrow the kingdom"
The charges do not involve spying nor revealing state secrets, thus the contention is over "helped the enemy" or "tried to overthrow the kingdom."
It is not possible to say that my client "helped the enemy". The only way to suggest that the Duke "helped the enemy" is to declare House Stirling, the purchaser and subsequent seller of the lands of Dawnshard, and all their Lords, citizens, and holdings, an enemy of the Kingdom of Hierax. Considering that the region of Dawnshard could have been sold to real enemies of the Kingdom of Hierax, or sold for much more than it was, and considering past relations between Hierax and Stirling, it does not appear that they are enemies. In addition, it is too late to declare Stirling an enemy of the state now, for that would be ex post facto. They were not enemies, declared or otherwise, at the time of the transgression, so my client cannot have "helped the enemy".
The prosecution's evidence more strongly suggests that he "tried to overthrow the kingdom", but this too is false. The phrase "tried to overthrow the kingdom" must be read literally, and since the court has not previously established the right to interpret the language by precedent or decree, "tried to overthrow the kingdom" means "tried to overthrow the kingdom." To that, I answer that the transgression occurred and yet the Kingdom of Hierax is still here. How can he have "tried to overthrow the kingdom" if he actually carried out his supposed attempt and yet the Kingdom remains?
Even if a court that does not subscribe to common law and does not have written or binding precedent (thanks to the notion that no precedent is binding, as per the Law of Hierax) somehow decides it has the power to interpret "tried to overthrow the kingdom", the interpretation would stretch far beyond the bounds of reason to suggest that the Duke was treasonous. The Prosecution's argument rests on the notion that "...the defendants act qualifies not only as attempt to overthrow the kingdom but also aiding a third with a 'hostile monetary takeover'."
To commit a crime, a man must have the proper actus reus and mens rea to commit said crime. If my client had the intent to aid in a "hostile monetary takeover", why would he pay back his debts before leaving, those debts being known as 60,000 radiants. Furthermore, it has been cited that the damages my client supposedly caused in his "crimes" amount to 300,000. Is this great Kingdom so poor that a loss of 300,000 radiants would risk a hostile monetary takeover? I beg to differ. So, to apply this supposed charge to the case at hand, the court would have to
1) Pull out of thin air the right to interpret the meaning of words to its own accord,
2)Decide that a Hostile Monetary Takeover would qualify as an "attempt to overthrow the kingdom"
3) Decide that the Duke's actions equated to a Hostile Monetaru Takeover despite missing a mens rea element and no evidence that a transgression was in effect a hostile takeover
4) Decide the Hostile Monetary Takeover would have overthrown the Kingdom, when in fact it did not
The only hope for the prosecution thus rests upon this assertion "The Kingdom likes to point out that the defendants actions were an attack to the Kingdom's territorial integrity and thus an attempt to overthrow it in its power even if restricted to a certain area." This interpretation relies on a phrase that is not there. The law reads "tried to overthrow the kingdom." The phrase "part or all of" would be required to limit the scope of "overthrown the kingdom" to a "certain area." If the law makers of this great Kingdom meant "part or all of the kingdom" why is that not stated? A subscription to common meanings of words leaves no room for "part or all of". It simply means "tried to overthrow the kingdom." My client cannot be guilty for that which he has not done, for he did not "try to overthrow the kingdom". Having carried out his actions and seeing the Kingdom in perfect health and having the money to hold trial makes me believe my client caused very little actual harm.
I again assert a motion to dismiss the charges on the grounds that there is insufficient evidence to prove my client committed treason against the Kingdom of Hierax.
In the absence of an acceptance of this motion, I present a few additional points. To begin, I contest that the the Master of Justice is unfit to continue in this case as per his own laws.
"Unfit Jurymen, Judges and Prosecutors
A judge, jurymen or prosecutor is to be considered unfit to participate in a trail...
a.) Involving a crime against them or his family members
b.) Involving a suspect they have a personal relation to"
I contest that Bolvar Firestorm, the Master of Justice, is unfit for duty on the grounds that he has a personal relation to the Duke.
On the rejection of a trial by combat, I contest that this court, in its unwillingness to allow a reasonable settlement to occur and unwillingness to allow my client to be present at his own trial has shown that the court believes in my client's guilt. That be the case, this trial would be no more fair than the court asserts a trial by combat would be. In the event that my motion to dismiss is denied and my motion to remove Bolvar Firestorm as Judge is also denied, I move that this court has been compromised by its own bias and that, in the interest of fairness for my client, we move this trial to another, less biased jurisdiction.
With every correspondence with this court, it becomes clearer to me that my client is likely to win in a fair court. That being said, my client again agrees to settle this with a plea bargain. If indeed this Kingdom is so poor that my client's actions have caused a "hostile takeover" then it would behoove this court to dismiss this case for fear of not being able to afford its own court fees. If this case continues, I present it as evidence that no hostile takeover has occurred, for it would prove that the Kingdom has the money to risk losing a trial it knows it will likely lose.
The plea bargain is on the same terms as before:
"
If accepted, he will give up his right to sue Hierax in civil and criminal court over the subject matter of this case. He will also agree to exile in the following terms:
- His Lordly Title of Duke
- His right to return to the Kingdom in any form
In this scenario, he agrees to exile, which is a stated punishment within the laws of Hierax, and to give up his Title. He would be legally guilty of treason against Hierax."
Finally, My client has asked me to make an inquiry on his behalf about your offer for settlement. The offer's terms are that he would be able to keep his name. He wishes also to keep his honor, and also inquires as to whether he can serve the monetary penalty in prison, as per the laws of the Great Houses, including his own.
"In case the perpetrator is unable to pay his fine, his jail time extends by one week per 1.000 radiants of the debt." "[OOC: one week jailtime equals one day in real life]"
Under this proposal, the Duke would serve 450 weeks of time (450 days), but would retain his name and honor.
This is not a signification that my client has or would agree to these terms, only an inquiry as to its feasibility as per the laws of his own house.
Miles Holdsworth,
Partner of Holdsworth Law, Tambry
Has the letter above been sent to us now or not?Redacted. The posters were pulled down and letters never mailed.
To Miles Holdworth,*sent to the Kingdom of Hierax in sealed scroll* (I'll send something in game when I have the time, just can't get online right this second. I've posted it here so that others may read it, but if it's not addressed to you it's not IC knowledge).
To the King and Lords of the Kingdom of Hierax and the Houses Aeyeras and Hawklight,
Your letter was received with much disappointment, for so far this court has declared its own judgment superior to every other jurisdiction within the Northern Kingdoms as well as the judgment of the Gods themselves. Your god of Justice will be most displeased to hear of this, and my client has instructed me to inform other nations of this trespass against justice. This is such a great risk that it would not be taken unless the court was positive of my client's guilt before trial. I remind this court that the purpose of a trial is not merely to sentence the guilty but to determine guilt or innocence. The principle of holding a man innocent until proven guilty stands as protection for the conscious of the state, for it is much better to let a factually guilty man go free than it is to punish a factually innocent man sans a fair trial.
After several exchanges of letters, this court has finally gotten to the heart of the issue, which is rightful ownership of the region. While it is clear that my client sold Dawnshard to House Stirling, it has submitted no evidence to signify that House Stirling ever exercised its own jurisdiction over the property. While I see evidence of ownership change, I see no evidence of the region's shift in allegiance. As such, on the assertion that my client had the proper mens rea to intend to "attempt to overthrow" the Kingdom Hierax by selling a region he rightfully owns and paid his debts, the prosecution relies on the fact that House Stirling owned a region that had cannons within firing distance of the Kingdom. I still contend that the region's allegiance never shifted, and I remind this court that House Stirling has no military with which to fire these cannons. Furthermore, I'm told by my client that House Stirling's captain of the guard, a group intended only to act in defense of its own streets, resigned. His leadership was one of the only pieces holding the organization together, and I'm told that their guard order is now in disarray. And beside the point, because House Stirling did not attempt to fire the cannons and instead sold the region's ownership, I contend that no attempt has occurred. I also contend that if the attempt had occurred, it would not be my client that would have attempted it, because at the point of sale, his involvment in the region ceased and he therefore had no culpability for the further proceedings. True, my client could have sold the region to any House, but he picked one with no military. I ask this court how it views my client's actions as an "attempt to overthrow the kingdom."
To charge him, this court would have to show conspiracy, which means it would have to charge and prove House Stirling's guilt in an attempt of treason. However, because House Stirling is not a citizen of the Kingdom of Hierax, it is impossible for House Stirling to commit treason. Thus, it is impossible for the Duke to have Conspired with House Stirling to commit treason.
To rule, with respect to my client, this is an attempt to overthrow the kingdom, the court would have to decide the following
1) The Duke purposefully sold the region to House Stirling, knowing House Stirling would attempt to overthrow Hierax, despite evidence that House Stirling has no military,
2) the allegiance of the region shifted from the Kingdom of Hierax to House Stirling, despite no evidence of flags being replaced or any action otherwise indicating that such an event took place
3)House Stirling would have the know how and adequate means to carry out an attempt to overthrow the Kingdom, despite the lack of a proper military
4) House Stirling actually did attempt to overthrow the kingdom with it's non-existant military by firing cannons it did not fire.
5) The firing of said cannons must have been in an attempt to overthrow the kingdom, when in fact firing cannons from a strategically inferior position would have had little effect on the Kingdom, which is beside the point that House Stirling has no military and the cannons were not fired.
I hope you see the flaw in the prosecution's argument, for it is evident to me and to my client that a failure to recognize this fallacy is evidence of this court's bias against my client.
I again contend that my client is innocent of the charges and ask the courts to again lifts its self-imposed veil of injustice so that it may see to the truth, that no crime has been committed here, that no evidence the prosecution has presented serves to indict him with proper warrant. My client contends that while he owned the region wholly, it was under allegiance to the Kingdom of Hierax, and that allegiance never changed, so my client cannot be guilty. That the Kingdom bought the ownership from House Stirling is evidence that the Kingdom recognized the Duke's ownership in the region.
I submit as evidence of a lack of attempt to overthrow the Kingdom the following:
1)the events actually occurred
2) The Kingdom is still here
I submit as evidence of a lack of attempt to overthrow the Kingdom the following:
1) The Duke owned the region wholly, meaning he could sell the region to whomever he wanted at any time
2) The sale of the region to House Stirling did not sway the allegiance of the region
3) The Kingdom legitimized that relationship by purchasing the ownership of the region from House Stirling
In fact, by House Stirling almost immediately selling ownership of Dawnshard, House Stirling has done the Kingdom a favor, for it has reunited allegiance with ownership. My client informs me that while he was surprised to hear a sale had occurred so quickly, he was not surprised that a sale occurred.
Based on these conclusions, on behalf of my client, I hereby submit a second motion to dismiss the case on grounds of insufficient evidence to even indict my client.
No crime of treason has been committed here. There are no grounds to charge my client or anybody else for the favor he did to Hierax for "conspiring" to unite the region's ownership and allegiance with the Kingdom of Hierax.
Respecfully Signed,
Miles Holdsworth,
Partner of Holdsworth Law, Tambry
I nearly inhaled a whole slice of toast laughing at that.*snorts*
Northern paperwork-bound bureaucracy...
*A duck is guilty of treason because a parrot didn't fire a cannon. To which I say this is utter nonsense.
*sent to the Kingdom of Hierax in sealed scroll* (I'll send something in game when I have the time, just can't get online right this second. I've posted it here so that others may read it, but if it's not addressed to you it's not IC knowledge).
To the Kingdom of Hierax,
Your last letter makes clear that you shall not respond to any more of my letters, so I do not expect a reply, though in all honesty I would be surprised if such a decision is enforced. To begin, to remove a lawyer's ability to confer with the judge is to remove his ability to freely represent his client and also in violation of my client's right to have his voice heard. This, in combination with this court's unwillingness to accept, consider, or in most cases even acknowledge the receipt of almost every piece of evidence I've presented, is further evidence to myself and to my client that this trial is nothing but show, and that this court has already concluded that my client is guilty.
While we appreciate this Kingdom's willingness to accept a plea bargain, we find the terms of the bargain to be unreasonable and and act of attempted extortion upon my client. To further this point, the court's unwillingness to modify the terms of the bargain so as to allow the accused to serve 450 weeks in prison despite that rule being the law of his House, is further evidence that this court is willing to stain the name of Hawklight in the name of justice.
While we appreciate this Kingdom's willingness to remove the Master from his post, we again find that declaring martial law in lieu of seeking a third party arbitrator is unreasonable and unjustified. By definition, any Judge within the Kingdom of Hierax has an interest in the outcome of this trial, and we contend that the only fair judge is a third party. It has been stated that this court is unwilling to allow another court to decide my client's fate, even of that other court applies the Laws of the Kingdom of Hierax, and my client and I find this to be further evidence of this court's unwillingness to proceed with reason and dignity.
I have demanded to see evidence that the allegiance of the town changed, and received no answer save being cut off from correspondence. I have demanded to see evidence that my client's actus reus is consistent with the Kingdom's definition of treason and instead received a deferral to the imaginary ability for the court to modify meaning of words beyond common usage. I have demanded to see evidence that my client possessed the proper mens rea to commit a hostile monetary takeover and received no answer whatsoever. I have demanded to see evidence that Dawnshard's allegiance ever wavered from Hierax and received snide comment that a parrot could fire a cannon. Surely if a parrot can fire a cannon, the prosecution can submit evidence that Dawnshard's allegiance wavered! And whether a parrot COULD fire a cannon is neither here nor there, for it matters not whether a parrot fired, but whether a House with no military actually or attempted to fire the cannons. To that, again with no surprise, I see no evidence. And that point's even moot, because even if House Stirling did attempt it, my client had nothing to do with it. In sum, it's more like:
*A duck is guilty of treason because a parrot didn't fire a cannon. To which I say this is utter nonsense.
More so than ever, I contend this court to be biased and to therefore be improper forum, and were it not from the instruction of my client, I would continue to fight this point. However, against my better judgment, my decided to concede jurisdiction to this court and its master in matters regarding this case.
When a man joins a sovereignty and subsequently earns title, he forms a social contract with his sovereign. The sovereign shall protect his citizens from returning to the state of nature, and in exchange the man must uphold the principles of the social contract, otherwise he faces expulsion or termination. As evidenced, it is my client's belief from the transgressions of this proceeding that the Kingdom of Hierax wishes to find him guilty, to the point where it is willing to throw out its own canons of construction and actual law in favor of receiving reparations for a perceived wrong. In this sense, the Kingdom throws away its own chivalry and integrity and the social contract between my client and this kingdom is broken. The obvious conclusion is thus that the court has no jurisdiction for punishing my client, but my client has rejected this train of thought. Again, he concedes to honor the social contract in the hopes that his actions serve to reinstate the Kingdom's honor.
In the interest of saving money and time for the Kingdom of Hierax, my client wishes to avoid trial and hereby pleads guilty, so long as the original sentencing applies. To remind the court, the charges were treason, defined as
"Thou who hast spied against our glorious Kingdom, revealed state secrets helped the enemy or tried to overthrow the kingdom"
with the sentencing being the removal of
- His Lordly Title of Duke
- His Honor as a Knight
- His right to return to the Kingdom in any form
- his affiliation to house Hawklight
- His very right to bear the name Hawklight
The Duke, in expressing his guilt, wishes to say that, on his honor as a Duke, he will accept the charges and some or all parts of the original sentencing, so as to uphold the integrity of the social contract formed between he and his Sovereign. It is imperative to a man's conscious and honor that he accept the judgment of his peers, even if that judgment is misguided, because of his prerogative to uphold the social contract between he and his Sovereign. As per his Soveriegn's wishes, he hereby drops the title of Duke. Regarding the name Hawklight, he wishes to say that it is not he who has impeded the honor of his name, but his Sovereign, for potentially overstepping the bounds of its own authority in stripping a factually innocent man of his name in the absence of any presented evidence. His Sovereign, the Kingdom of Hierax, in removing his name and affiliation, will bring great shame to itself and to the name Hawklight, and my client would gladly shed that dishonorable name should the Kingdom bring the name dishonor in attempting to remove the name.
In behaving this way, the Duke is one of the bravest and most honorable men I've ever met. The Kingdom has the right to strip that honor within its own jurisdiction, but to do so in this case would be to strip its own honor as well as the honor of the name Hawklight. Honor is not a gift or entitlement bestowed upon or stripped from a man by the sovereign, it is found within the confines of one's own soul, entangled with the essence of one's own conscious. The most honorable action my client has left is to accept his punishment.
I ask you again, is this man, a man willing to accept the consequences of actions the Kingdom has not proven he is legally or factually guilty of, a man willing to accept an unjust verdict and sentencing despite the advice of his lawyer, a man who, in his last acts as a citizen of this Kingdom pays his debts, attempts to save the Kingdom time, money, and face, is this man really a traitor? Are these actions consistent with a man who would commit treason? Are you willing to punish an innocent man to feed a parrot who, nevermind a cannon, is desperate for a cracker that's been forged from a gavel stained with the desire to placate the pathos while ignoring ethos and logos?
The court is now faced with a difficult decision, for my client now puts his fate in your hands. Though he has pleaded guilty, by rights you still have the power to declare him innocent. Though he is willing to accept all of the original sentence, you now have legal right to apply the full original sentence. What I say next, I say not as my client's lawyer, but as an adviser to you; choose wisely what you do next, for a man does not easily forget punishing a man he knows is innocent, and the power to remove a man's name and honor is a dangerous precedent, if even possible. It would not surprise me to see others within your sovereignty fear this draconian power be abused with checks or due process in stopping it.
I ask you one last time before I rest my case: Is there really enough evidence to convict this man? Are his actions consistent with that of a traitor? Do your laws really allow you to twist the statute such when the meaning is clear? Are you willing to convict an innocent man and risk corruption amongst your own judicial system?
Find him innocent or guilty, it makes no matter to me or my client. It ought to matter to your conscious and your honor.
Respectfully Signed,
Miles Holdsworth, Attorney
Holdsworth Law, Tambry