Lex Libri

From TBwiki
Jump to navigation Jump to search

The Lex Libri is the founding document of modern Kalderani law. It contains legal principles and a list of crimes, and their application is administered by courts, law benches, and justices of the peace.

Crimes in Kalderesh

crime description
Accessory after the Fact Whoever, knowing that an offence has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
Accessory to a Crime Whoever is not the chief actor in the perpetration of the offence, nor present at its performance, but is some way concerned therein, either before or after the fact committed.
Adulterating Food or Drink The introduction of foreign agents into food or drink for gain.
Aggravated Robbery The act or an instance of unlawfully taking the property of another by the use of violence or intimidation, with the present ability to carry out the threat by the use of a dangerous weapon or device.
Aiding an Enemy The provision of assistance to a hostile foreign power or a member of such a force; see also Treason.
Arson A criminal offence occurring when a person intentionally sets fire to or burns something; and the person acted wrongfully and without justification, or the person did something which was a substantial step toward committing the crime.
Assault Whenever one person makes a wilful attempt or threat to injure someone else, and also has an apparent, present ability to carry out the threat such as by flourishing or pointing a dangerous weapon or device at the other.
Assault with a Deadly Weapon Whenever one person makes a wilful attempt or threat to injure someone else, and also has an apparent, present ability to carry out the threat and presents a dangerous or grievous weapon likely to seriously injure or kill the other.
Battery The unlawful touching of another person by the aggressor, or any other object or substance put in motion by the aggressor. It must be either wilfully committed, or proceed from want of due care.
Begging without Licence The solicitation of assistance from others, without licensure, with entreaties or pleas, as a means of income.
Breaking & Entering Parting or dividing by force and violence a solid substance, as a door, window, or wall of force, or piercing, penetrating, or bursting through the same with violence and a felonious intent.
Bribery of an Official Giving, offering or promising something of value to a public official, with the intent to influence an official act by the agent or to persuade the agent to omit to do an act in violation of the agent’s lawful duty.
Burglary Any unlawful entry into, or remaining in, any building with the intent to commit a crime.
Coercion Positive or direct coercion takes place when a person is by physical force compelled to do an act contrary to their will.
Counterfeiting Passing, with intent to defraud, any coin or trade bar in likeness to official monetary units; the creation of same without royal consent.
Cowardice in the Face of the Enemy Fleeing from, or not acting against, a known enemy of the crown, or its duly delegated agents, when confronted, or having a reasonable opportunity to resist their intent.
Criminal Trespass To commit an unlawful injury to the person, property, or rights of another, with actual or implied force or violence, especially to enter onto another’s property wrongfully.
Currency Debasing The act of debasing coins or trade bars with a lesser substance.
Debt Evasion To act in a manner so as to illegally avoid repayment of a debt, which is a sum of money due by certain and express agreement.
Desecration To violate the sacredness of a place or object, usually through touch or presence.
Desertion The abandonment of military or naval service without leave.
Destruction of Private Property The rendering of property unusable by neglect or intent.
Destruction of Civil Property The removal or dissolution of property involving a governmental agency, without consent.
Disobeying a Lawful Order Ignoring an officers directive, either armed forces or civil, which does not counter observed law.
Disorder on the Royal Road Banditry or other unlawful conduct taking place upon the Royal Road or along the reserved verge of the Royal Road.
Disorderly Conduct Disturbing the public peace or decorum.
Disrespect to an Elite or Ecclesiastic Acting in a manner materially insulting to the dignity of one or the other. Elite includes Royalty, Great Officers, Nobility, Peers, and all manner of diplomats.
Drunk & Disorderly Conduct Disturbing the public peace or decorum while intoxicated.
Embezzlement The wrongful or wilful taking of money or property belonging to someone else after the money or property has lawfully come into the possession or control of the person taking it.
Endangering life by careless use of magic Careless and/or unlawful use of magic that poses an immediate and credibly realistic danger to another’s life.
Endangering property by careless use of magic Careless and/or unlawful use of magic, usually within city limits, that poses an immediate and possibly catastrophic danger to another property.
Extortion The use, or the express or implicit threat of the use, of violence or other criminal means to cause harm to person, reputation, or property as a means to obtain property from someone else with his consent.
Flight from Arrest Fleeing from officers of the law intent upon seizure of said person.
Flight from/to Avoid Bond Servitude Fleeing from an agreed upon indenturement to avoid the bond-task.
Forgery The act of criminally making or altering a written instrument for the purpose of fraud or deceit.
Gambling without License Purveying games of chance without licensure from a local authority.
Grave Robbery The unlawful removal of burial goods from a tomb, grave, or other internment site without
Harbouring a Felon Giving shelter and/or aid to a known criminal, generally fleeing from incarceration.
Heresy An opinion or a doctrine at variance with established religious beliefs, as set out in the Libri Septorum.
Horse Theft The felonious abstraction of a horse of another, without consent, generally for monetary gain.
Impersonation To assume the character or appearance of, especially fraudulently, an officer of the law or establishment.
Impersonation (Petty) To assume the character or appearance of, usually, well known locals, with fraudulent intent.
Incest Sexual relations between persons who are so closely related that their marriage is illegal or forbidden by custom.
Inciting a Riot Urging or instigating other persons to riot.
Kidnapping To forcibly and unlawfully hold, keep, detain and confine a person against his or her will.
Lese Majesty An offence against the dignity of the sovereign, or of Kalderesh itself.
Lewd Conduct Conduct which is obscene or indecent, generally with a sexual intent or desire.
Libel Published material meeting three conditions
Maiming of an Innocent The disabling or disfigurement of an individual, either though the loss of limb or loss of use of said limb, who is uninvolved in the primary action taking place; usually a bystander present at the scene of a crime.
Manslaughter The unlawful killing of a being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.
Mental Control by Magic The unlawful subjugation of another, without their consent, to control via magical means.
Murder When a person of sound mind and discretion, unlawfully kills any reasonable creature in being, and not in wartime, with malice aforethought either express or implied.
Murder (Accessory) Not the chief perpetrator of the offence, nor necessarily at its performance, but is some way concerned therein, either before or after the fact committed.
Mutilation of an Innocent The disabling or disfigurement of an individual, either though the loss of limb or loss of use of said limb, who is uninvolved in the primary action taking place, usually a bystander present at the scene of a crime.
Mutiny The unlawful resistance of a superior officer, or the raising of commotions and disturbances on board of a ship against the authority of its commander, or in the military in opposition to the authority of the officers; a sedition; a revolt.
Oath Breaking The giving of a promise and then knowingly not fulfilling said promise.
Passing off of Shoddy Goods The sale of goods, with known defects, either apparent or not, without disclosing said defects to the prospective buyer; usually passing goods as perfectly sound, knowing of inherent defects.
Pedalling without a License The sale of items, generally without benefit of a shop, without licensure from a local authority.
Perjury When a person, having taken an oath before a competent tribunal, officer, or person, wilfully and contrary to such oath states or subscribes any material matter which he does not believe to be true.
Piracy The commission of any murder or robbery on the sea, or any act of hostility against the principality, or against any citizen thereof, under colour of any commission from any foreign prince, or state, or on pretence of authority from any person.
Pocket Picking The removal of another’s belongings from their person without their knowledge.
Prison Break The act by which a prisoner, by force and violence, escapes from a place where they are lawfully in custody.
Prison Breaking The unlawful removal of persons being held within a prison or other legal restraint or confinement.
Prostitution without License The giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses, which is made without licensure.

Extracts from the Lex Libri

SECTION A-1 — The King

The Kingdom of Kalderesh and its lands, everything on it, everything beneath it, and the sky above it, belongs to the King, who shall be a natural person in the lineage of the Kalders.

SECTION A-2 — Citizenship

A citizen of Kalderesh is defined as:

[1]. A natural person who accompanied Anselmet of Kalder on the June Exodus and who’s name is listed in the Founding Scrolls

[2]. Those natural persons resident in Kalderesh at the time of the June Exodus and are listed in the Founding Scrolls

[3]. A natural person born to a person as in [1] or [2] above or in [3] as defined here

[4]. A natural person who immigrates to Kalderesh, pursuiant to subsection A-17(4).

SECTION A-3 — Rights

A right is defined as “the proper and lawful incorporation of an attribute, as set out above, into the essence and being of a natural person”. Only natural persons have rights. The King may revoke any or all rights of a natural person, upon royal decree.

The rights of a citizen are to include:

[1]. The right to exist.

[2]. The right to a quality life.

[3]. The right to freedom.

[4]. The right to create and/or own tangible things.

[5]. The right to create and/or own intangible things.

SECTION A-8 — Land Ownership

All land in Kalderesh by default belongs to the King. Under certain conditions, as set out below, full-use land rights may be held by others.

[1]. Only a citizen of Kalderesh, who is of legal age, may own property in Kalderesh.

[2]. Certain demarcated tracts of land, as set out in subsection B-1(1), are the property of the Crown.

[3]. Certain demarcated tracts of land, as set out in subsection B-3(1) to B-3(5), are the property of the Church.

[4]. Certain demarcated tracts of land, as set out in subsection B-4(1), are the property of the Druids of the Warsh of the Guardians.

[5]. Certain demarcated tracts of land, as set out in subsection B-5(1), are the property of the Jashari Barbarians and their natural descendents.

[6]. Any land not demarcated as in [2] –[5] above, may be claimed by any citizen who has the right to ownership as set out in Section A-3(4) and pursuiant to the conditions as set out in Section A-81.

[7]. Lawful land owners may transfer ownership of such lands to the Crown, the Church, or another citizen.

SECTION A-81 — Autonomous Lawful Appropriation of Land

No land that is listed in Section A-8(2) to A-8(5) may be appropriated. Only land as describe in Section A-8(6) may be appropriated by a citizen pursuiant to the following stipulations:

[1]. That the citizen is of legal age, or has been granted the status of legal age by the King

[2]. That the tract of land be demarcated, by visual boundary markers as proscribed by the Surveyor’s Guild, for a period of 360 consecutive days.

[3]. That the exact position of the boundary markers are indicated on a suitable map and that said map is deposited at a Cartographer’s Guild.

[4]. That the prospective appropriator draw up a clear statement of intent, describing the use or uses the land will be put to.

[5]. That the prospective appropriator undersign the map in (3) above and the statement of intent in (4) above, with their natural name.

[6]. That the prospective appropriator advertise their intention by employing the services of the Guild of Heraldry for proclomation, as set out in Section F-5.

[7]. Immediately following (6) there is a period of 360 days in which public comment from any citizen is invited, both in support of, and in opposition to, the proposed claim. Objections may be raised against the proposal on the grounds of (1), (2), (3), (4), and/or (5) above. Qualified objections, as decided by the Royal Court of Camfor, will void the entire proposal.

[8]. That the prospective appropriator, once receiving public approval, has removed all threats and nuisances from the demarcated land for a period of 360 consecutive days, and has demonstrated the ongoing capacity to maintain this peaceful status.

[9]. At the end of the period described in (8), the land is to be inspected by a member of the Surveyor’s Guild or an appointed agent, who will issue a Statement of Approval or Statement of Dismissal.

[10]. Following approval, the prospective appropriator has to lodge copies of the documents generated in (5), (6), (7), and (9), with the Lower Court in Camfor. This Court will issue a Deed of Ownership, upon receipt of which the prospective appropriator becomes the Autonomous Lawful Owner of the land as set out in (3) and (4) above.

[11]. The prospective appropriator is liable for all fees, taxes, levies, duties, costs, charges, and/or surcharges, as may be incured in following the proscripts set out above. Failure to settle any such debts within seven (7) days will automatically void the entire proposal.

Importance of the Lex Libri

This 46,88 interview with Cathy Kariasera (Londesh Senior Judge pro tem, Judicial lawyer & Civil lawyer) explains the significance and impact of the Lex Libri:

"Kalderani law is, in my learned opinion, the most advanced on Tem. Kalderesh is a bone fide kingdom, and Section A-1 of the Lex Libri states that “[t]he Kingdom of Kalderesh and its lands, everything on it, everything beneath it, and the sky above it, belongs to the King”.

"Read only up to here, one would consider Kalderesh open to all the corruptions that inevitably befall kingdoms all across Tem. Indeed, it was exactly this experience that our founders were subject to, which led to their peaceful revolution and exodus out of Malanthea.

"Before their leave-taking, Lord Anselmet and his councillors in secret drew up the Royal Bond, which is essentially the first Kalderani legal document. In it, the powers and duties of the King are established, as well as the rights of the citizens, thus binding the Kalder family to service and mutual loyalty.

"By clearly stating the rights of the citizen, the corruption and oppression that inevitably plague other royal legislatures is not possible.

"This is why Section A-2 of the Lex Libri defines “a citizen of Kalderesh” and goes on in Section A-3 to define the rights of a citizen. A right is defined as “the proper and lawful incorporation of [attributes] into the essence and being of a natural person”. Thus, only natural persons have rights. These are:

1. The right to exist.

2. The right to a quality life.

3. The right to freedom.

4. The right to create and/or own tangible things.

5. The right to create and/or own intangible things.

"The King may temporarily or permanently revoke one or more rights of a citizen, pursuant to a royal decree."

See also