THE FRANCISCAN ARTICLES

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FRANCISCAN ARTICLES OF ADRIA

 

 

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I. LANDS AND TITLES BEHOLDEN TO THE DUCAL CORONET

The following titles are hereby tied to the Ducal Coronet of Adria in perpetuity.

• Duke of Adria

• Count of Velec (consisting of the town of Velec)

• Protector of the Aaunic South

• Defender of the Eastfleet Trade

The following properties are hereby tied to the Ducal Coronet of Adria in perpetuity.

• The City of Velec and Little Raev

• The Castle of Emalinhrad

Let no lawful claim be made to the preceding titles or properties be made without first claiming and holding the Duchy of Adria.

 

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II. ELIGIBILITY FOR THE DUCAL CORONET

The elected candidate for the Ducal Coronet must…

• be of the age of majority.

• be a faithful member of the Church of the Canon.

• be in good standing with the courts of the Duchy of Adria.

• be of an established noble lineage.

• claim descent through Exalted Sigismund.

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III. THE FRANCISCAN ARTICLES

Upon the assumption of the Ducal Coronet, each Duke is required to sign the Franciscan Articles, named after the first Duke of Adria, Franz Vladov. These articles act as an agreement between the Duchy (i.e the electors) and the Duke.

• The Duke of Adria is to be chosen by the Ducal Electors in a just and fair election, and his children hold no right of inheritance to the Ducal Coronet of Adria.

• The Duke of Adria is required to convene a Duma, a meeting between lords sworn the duchy every two years.

• The Duke has no right to create new feudal or municipal taxes without the approval of the Duma.

• The Duke has no right to declare war or peace without the approval of the Duma.

• The Duke is required to provide for the standing ducal army.

• If the Duke was to transgress on the law or privileges of the nobility, the Articles authorize the nobility to refuse the Duke’s orders and act against him.

 

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IV. PROTOCOL FOR THE PASSING OF THE DUCAL CORONET

Upon the passing of the Duke, the Ducal Coronet of Adria is handed over to the Primate of Adria, the Bishop of Vilavia. The Bishop is required to call for an election in a period of no less than one year and shall serve as interdux for that period. Upon the lawful election of one of the candidates for Duke, he is crowned with the Ducal Coronet by the Bishop.

 

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V. BYLAWS OF THE DUCAL ELECTION

The Electors of the Duchy of Adria are hereby defined as those vassals sworn directly to the current Duke of Adria. In the case of an interregnum, they are defined as those sworn directly to the previous Duke.

 

There must be a minimum of three ducal electors present for an election to be deemed legitimate. Whence an elector’s lineage becomes extinct and his lands and titles default to the Duke, if there are less than three electors the Duke is required to raise a person to the electorship by bestowing them lands and titles.

 

Whence an election for the Duke of Adria is called, the electors are summoned at the Primate’s behest without arms or soldiers. In the case of an elector being too ill to travel, a kinsman of their dynasty may serve at their behest.

 

Once an election is assembled, the electors are forbidden to conclude without the election of a Duke. During the election, the gates must be closed shut and no person may enter the assembled place other than the presiding Bishop and electors.

 

In order for an election to be deemed legitimate and conclude, the electors must achieve a majority amongst themselves. In the case of failure to reach majority, the electors must continue to vote until a consensus is achieved.

  

In the case of an election concluding without a chosen elector, it is required that another election to be called within a years time. Status quo shall maintain until a Duke is elected.

 

 

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VI. DEFINING THE DUMA

The Duma shall henceforth be defined as the assembly of the estates within the Duchy of Adria. The Duma is tasked with carrying out judgment on matters pertaining the Duchy and shall have the final say on matters pertaining to laws, wars, alliances, and treaties.

 

• The Duma is assembled upon the request of the Duke, and as due by the Franciscan Articles is required to be assembled once every two years.

• The estates and their representatives are henceforth defined as thus.

  • From the Duchy, the Chancellor acts as the Duke’s representative and heads the Duma in the Duke’s name.

  • From the nobility, two representatives from every demesne within the Duchy are called forth.

  • From the burghers, four representatives from the City of Velec are called forth.

• The representatives from the estates must represent a majority of the population of Adria.

• In order for a motion to pass, it must have a clear majority.

 

 

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VII. PRIVILEGES OF THE NOBILITY

The Nobility of the Duchy of Adria are hereby denoted as the individuals maintaining a noble title and their progeny to the third degree. Those being, the great-grandchildren of a titled noble. Those of noble families with less than fifty-percent noble blood may not be styled as nobles. With this denotation, the nobles of Adria and its entities are hereby granted the following privileges. Those raised to gentry and affirmed by the Duke of Adria also claim these privileges.

 

• Any man of noble stock has the right to hold land in his name in which it will stay for the coming generations.

• Any man of noble stock has the right to be trialed by his peers.

  • May no one lay judgment onto a noble unless of the same rank and privilege.

  • May no one claim the life of a noble unless of the same rank and privilege.

• Any man of noble stock has the right to duel.

  • May no man of lower blood challenge another of noble stock.

• Any man of noble stock has the right to settle his trial by combat.

  • May the opponent of the trial be of the same rank and privilege as the accused, lest the accused waive his right.

• Any man of noble stock has the right to hunt within the Ducal Forest and Properties.

  • May no one hunt the Duke’s game unlawfully, lest they be branded a poacher.

  • May these hunts occur not too frequently and with moderation, to allow the forest to thrive.

• Any man of noble stock has the right to carry out Private Law against another man.

  • May neither the State nor the Church intervene in a matter of Private Law.

  • May the matter of Private Law stay between two individuals, and not their families lest it become public.

 

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VIII. PRIVILEGES OF THE CITY OF VELEC

Upon the passing of the Gradic Rights in the Year Nineteen Oh-Four by the Duke Heinrik, the City was granted law in the form of privileges. The privileges apply to the populace of the City of Velec as a whole, and thus apply to the individual landholders within the City itself.

 

The Gradic Rights of the City of Felsen, c.1557

• Hitherto the populace of this town shall be referred to as any legal landholder within municipal authority.

• Hitherto does the populace of this town have the right to waive feudal privilege and govern itself.

  • Hence the town has the right to waive feudal tithe and pay in coin.

  • Hence the town has the right to choose a leader from amongst its own.

  • Hence the town has the right to produce and publish laws and rights regarding itself.

• Hitherto does the populace of this town have an exemption from serfdom.

• Hitherto does the populace of this town have the right to freedom of travel.

• Hitherto does the populace of this town have the right to collect tax, tolls, and impose fees.

• Hitherto does the populace of this town have the right to freedom of trade.

• Hitherto does the populace of this town have the right to a trial by judge.

• Hitherto does the populace of this town have the right to petition its lord.

 

 

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Originally penned by Barnabas Basarab, Ph.D J.D of the Imperial Institute at Johannesburg

Edited and corrected by His Excellency, Sigismond Varoche, Lord Chancellor of Adria, year 1904

Signed and affirmed by His Grace, Heinrik Sarkozic, Duke of Adria, A.D. 1907

Revised and reaffirmed by the Grand Duma of Adria, 11th of Tobias' Bounty, A.D. 1907

 

AMENDMENT, A.D. 1907

To ARTICLE II., "ELIGIBILITY FOR THE DUCAL CORONET"

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It has been resolved by the Grand Duma that in order to shield the Ducal Coronet from threat of foreign pretense in an election for Dux, and to ensure merit carries forth the best man for the ducal election, the noble candidates must have served the Duchy of Adria for no less than five years.

The text of ARTICLE II shall henceforth read: 

 

II. ELIGIBILITY FOR THE DUCAL CORONET

The elected candidate for the Ducal Coronet must…

be of the age of majority.

have spent no less than five years in service of the Duchy as a member of the army or the civil administration.

be a faithful member of the Church of the Canon.

be in good standing with the courts of the Duchy of Adria.

be of an established noble lineage.

claim descent through Exalted Sigismund.

RESOLVED, by unanimous vote

of the 1st Adrian Grand Duma,

11th of Tobias' Bounty, A.D. 1907

 

THE PRECEDING HAS BEEN AFFIRMED, NOTARIZED, ORGANIZED, SYSTEMATIZED, AND COLLATED

BY PAUL SARKOZIC, SENESCHAL OF THE COURTS OF ADRIA
6th of Sun's Smile, A.D. 1907