HIGH_FIRE 4131 Share Posted October 12, 2023 LEX HYSPIA Civil, Criminal, and Procedural Law of the Viceroyalty of Hyspia PREAMBLE The Lex Hyspia stands as the legal code of the Viceroyalty of Hyspia and is the system of regulations recognized by the royal government of the Viceroyalty of Hyspia to which any and all individuals within the territories and borders of the Viceroyalty of Hyspia are bound with the exception of the Viceroy/Vicereine and the Crown Prince/Princess. The Lex Hyspia is enforced by the imposition of penalties against those not conducting themselves and their behaviour in a manner in accordance with the law. Furthermore, the books, codes and sections found within the Lex Hyspia are always subject to be revised and edited by royal decree of His/her Highness, the Viceroy/Vicereine of the Viceroyalty of Hyspia. BOOK I Civil law regarding Hyspian citizens and foreigners Code I; Application and enforcement of law §1 The Viceroyalty of Hypsia and his subsequent ministries, ruled and governed under the reigning sovereign of the Hyspia, have the right to uphold the law and ensure peace and order within the Viceroyalty in accordance with the Lex Hyspia. §2 The Lex Hyspia binds all men and women before the law equally, regardless of name, ethnicity, citizenship or gender with the exception of the Viceroyal and the Crown Prince of the Viceroyalty of Hyspia. §3 The Lex Hyspia is universally applied within the borders and territory of the Viceroyalty of Hyspia. §4 The Lex Hyspia, his Books, Codes and Sections are to be enforced by a Hyspian judge, appointed by the Viceroyal Council or the Viceroy. §5 All matters of conflict between two individuals within the Viceroyalty of Hyspia are to take place either in private settlement amongst the two parties or before a court of law. §6 The enforcement of the Lex Hyspia may only be carried out within the territories and borders of the Viceroyalty of Hyspia, except such enforcement is carried out within a nation which has given explicit permission for such to occur. §7 It is always assumed that ignorance of the Lex Hyspia by those to whom it is applied is not assumed. §8 Foreigners to the Viceroyalty of Hyspia are expected to conduct themselves accordingly in respect to the current legislation put in place through the Lex Hyspia. §9 Each Book. Code and Section of the Lex Hyspia is to be in harmony and are not to contradict one another. Code IIa; The rights of Hyspian citizens §1 Each and every citizen of the Viceroyalty of Hyspia has the right to move freely within the territories and borders of the Viceroyalty of Hyspia. §2 Each and every citizen of the Viceroyalty of Hyspia has the right to defend themselves against unprovoked attacks. §3 Each and every citizen of the Viceroyalty of Hyspia has the right to own land and property within the Viceroyalty of Hyspia. §4 Each and every citizen of the Viceroyalty of Hyspia has the right to a due process of law before a Judge of the Viceroyalty of Hyspia. §5 Each and every citizen of the Viceroyalty of Hyspia has the right to not be bound in shackles to another person. Code IIb; The duties of Hyspian citizens §1 Each and every citizen of the Viceroyalty of Hyspia has the duty to support and defend the Viceroyalty from internal or external threats. §2 Each and every citizen of the Viceroyalty of Hyspia has the duty to respect and obey the laws of the Viceroyalty of Hyspia. §3 Each and every citizen of the Viceroyalty of Hyspia has the duty to never take up arms against their homeland and stand loyal with the Viceroyal family. §4 Each and every citizen of the Viceroyalty of Hyspia has the duty to answer a call to defend their homeland during times of war. Code IIIa; The Succession and heritage of Hyspian citizens §1 Following the death of an individual, their funds, estates, hereditary titles and further possessions are to be divided in accordance with the existing will of the aforementioned individual. §2 If no will is present, the individual’s funds, estates, and further possessions are to be equally divided amongst the direct and adopted offsprings of said individual. hereditary titles are to be granted to the eldest direct offspring. §3 If there exists no legal heir to the funds, estates or further possessions of an individual the aforementioned are to be absorbed into the care of the government until a legal heir presents themselves. §4 Each legally binding will must contain the signature of the individual whose funds, estates or further possessions are to be considered heritage. §5 Following the death of an individual, their potential will and exact funds, estates and possessions which are to be inhibited by his or his heirs must be presented before the by official decree of the Viceroy appointed head of legal matters before aforementioned possessions may be inherited. §4 Children of surrogacy or Civil Unions may not inherit titles. Such titles will be returned to Viceroyal Crown. Code IIIb; The Succession of the titles and heritage within the Viceroyal family §1 Following the death of the Viceroy/Vicereine of the Viceroyalty of Hyspia, their titles, estates, funds and god-given right to rule is passed down directly to the heir of the deceased. §2 The heir is to be considered the eldest child of the monarch, holding both the title Crown Prince/ss of Hyspia and Condado of Turpos. §3 If no offspring of either gender is alive, the heritage is passed to the eldest sibling of the deceased. §5 If no siblings of either gender are alive, the heritage is passed to the eldest uncle/aunt. §7 If no uncles or aunts are alive, the heritage is passed to the offspring of said uncle/aunt and the aforementioned rules of succession reapply. §7 The first daughter of the Viceroy/Vicereine that is not herself the heir of the nation will hold the title of Princess Viceroyal. They gain the subsidiary title of Baronesa of Picona. This title will be inherited from the previous Princess Viceroyal when the new one becomes of age at 15. Code IV; Governmental Offices §1 The Viceroyal Government of the Viceroyalty of Hyspia stands as a royal council of ministers, each with their respective obligations and duties, who have been appointed by the Viceroy of Hyspia through viceroyal decree. §2 His/her Highness, the Viceroy/Vicereine of the Viceroyalty of Hyspia, stands as the head of state and as the absolute monarch of Hyspia. It is through his/her Viceroyal decrees, which constitute as laws, that the Viceroyalty is led. §3 The Vicereine/Viceroy consort is the position held by the spouse of the currently reigning monarch. They hold no direct government position, but act as an advisor. They are similarly tasked with the overseeing of the Palatial Courts and will act as regent in the monarch’s prolonged absence unless otherwise stated. §4 The Crown Prince/Princess of the Viceroyalty of Hyspia is the eldest son or daughter of the currently reigning Viceroy. While they have no direct governmental involvement, the Crown Prince/Princess has an indirect advisory position. §5 The Gran Canciller of the Viceroyalty of Hyspia is the second highest authority below only the reigning Viceroy or Vicereine. They are tasked with upholding the Viceroy/Vicereine's government and maintaining the Viceroyalty in the absence of Viceroy/Vicereine. §6 The Capitán of the Viceroyalty of Hyspia is the commanding officer of the military of the Viceroyalty of Hyspia. They are tasked with securing peace and order within the Viceroyalty of Hyspia, defending Hyspia and his citizens from both internal and external threats and the enforcement of the law within the borders and territories of the Viceroyalty of Hyspia. §7 The Justiciero of the Viceroyalty of Hyspia is the head of the Ministry of Justice and is tasked with organising the justice system, overseeing the appointment of judges and maintaining the legal system and public order. They furthermore stand as the appellate court and directly overview verdicts and punishments given. §8 The Gran Mayordomo of the Viceroyalty of Hyspia is tasked with the overseeing and organising of the housing structure and taxation within the Viceroyalty of Hyspia, as well as the sale of houses within the Viceroyalty of Hyspia and the enforcement of evictions. Furthermore they are tasked with overseeing the state’s funds and trade agreements with third parties. §9 The Canciller de Inmigración of the Viceroyalty of Hyspia is responsible for ensuring that all Hyspians find their way to the Hyspian lands and promotes the uptake of residency in the city. They are also responsible for maintaining architectural standards. §10 The Alcalde of the Viceroyalty of Hyspia is the overseer of the Hyspian City. They are furthermore tasked with being the representative of the common folk of Hyspia in Parlamento, to ensure that all get a voice in the day to day governance of Hyspia. In addition, they are expected to ensure that there is a steady flow of events in the lands. Code V; Hyspian Lords §1 Hyspian Lords are the nobility of Hyspia, granted their status by the Viceroy/Vicereine and afforded privileges for their efforts in aiding Hyspia. This is a familial status, and the families that hold such a status will receive great respect for their efforts and history. However this comes with the knowledge that such can be removed at the Viceroy/Vicereine’s discretion. §2 Upon lordship being granted, the head of the house will take a title that describes the form of lordship the house holds, be it Barón or Conde. The head of house is the one who will lead the lordship for the family and who the Viceroyalty will look to to uphold the integrity of its noble system. §3 The succession of Hyspian lordship follows a natural course, the first born child being considered the heir. Should there be no children to inherit, it defaults to the eldest sibling and their children, then uncles and aunts if that fails. Should none of this be possible, the title will be held in abeyance by the monarch until it is decided otherwise. §4 All Baróns and Condes hold a role in Parlamento representing their family’s interests in regards to Hyspian law making. They will be addressed by their titles in such and be able to introduce bills to review or points of discussion. They may also send a family member in their stead. §5 The first type of Hyspian Lord is a Barón, the lower form, they are entitled to respect of their titles, a position in Parlamento, the ability to request a meeting with the Viceroy/Vicereine and the privilege to call an honour duel. They are referred to as Barón of the family’s land name and the Baronía of the family’s land name. §6 The second type of Hyspian Lord is a Conde, the higher form, they are entitled to the same things as a Barón, only they are also offered the ability to call upon a champion in an honour duel and the ability to take on wards of the family. They are referred to as Conde of the family’s land name and the Condado of the family’s land name. §7 Both types of Hyspia Lord are given the right to own land of their own, the building of which must be approved by the Hyspian Council. Baróns are offered a 20 x 20 size land and Condes are offered a 40 x 40 parcel of land. Code VI; Hyspian Parlamento §1 The Hyspian Parlamento is a convening body that votes on legislation that will affect the Hyspian lands and people. It is made up of the Viceroy/Vicereine, their council and the Hyspian Lords. All may introduce bills to vote on and points of discussion. §2 The Hyspian Parlamento shall be convened once every second year, unless an emergency convening is called by the Viceroy/Vicereine. All are expected to attend and if unable, to send a representative for the Viceroy/Vicereine to approve. Upon convening, a roll call will be held to ensure attendance is maintained. §3 Any member of Parlamento is able to introduce a bill for discussion. However for this to a occur a draft of the bill must be prepared for all to see, this draft must be brought before all, so they may read through it during the meeting. In addition, anyone can bring up a point of discussion to discuss during the convening, both these and bills to be brought up, must be brought to the Viceroy/Vicereine to announce during the convening. §4 Once one bill or a point of discussion has been brought up, a debate may be hosted. The Viceroy/Vicereine will then announce the matter and allow for the member who brought it up to discuss it. Then debate will be held, with those wanting to debate it, requesting to do so via a paddle being held up. §5 Once debating is complete, a vote may be then held, those voting in favour of a bill or resolution, will stand to the right of Viceroy/Vicereine, those against it will stand to the left and then the total shall be counted. §6 Once all is done, the bill will be left for the Viceroy/Vicereine to read, if they approve of it, they will sign the document to give it their Viceroyal assent, should they not they will veto it and return to Parlamento with points to discuss and amend for it to be then passed once completed. In some cases the Viceroy/Vicereine may veto without any amendments. Code VII; Legal documents and decrees §1 A document or decree stands as a written piece of text which conveys information regarding a specific transaction between multiple or singular entities or individuals. §2 Decrees and documents are to be either defined as private or governmental texts. §2a A viceroyal decree or document must have been issued and published publicly with the authority and signature of the Viceroy/Vicereine themselves. These are legally binding and are to be considered additions to the Lex Hyspia. §2b A private decree of document must be issued with the consent of all involved parties and may not involve transactions which stand against the spirit of the law. Code VIII: Marriages and Civil Unions §1 A marriage is between a male and female of the same race. While not necessary, it is considered culturally unacceptable for the patriarch/matriarch of both houses to be uninformed of the marriage prior to the ceremony taking place §2 The terms of a marriage will not be dictated by the crown, but must be written and prepared prior to the ceremony. If the terms wish to be enforced by civil law, they must be written down and dated before the ceremony, and passed onto the Viceroy, Justiciero or Gran Canciller §3 Canonist marriages (marriages between to canonist peoples), must follow canon law and be overseen by an ordained Canonist priest. If such is not assured, then the Viceroy may, at their discretion, inform the church of such. §4 A Civil Union is a union between two people of any race, faith and gender. The Peers of Hyspia may not apply for a civil union. §5 Civil Unions are not considered romantic or platonic, and can be perceived in whichever way the united people decide, but will receive the same respect and legal treatment as those who are considered married. §6 To apply for a Civil Union, the couple must find a willing figure to oversee and sign off on their ceremony. This person can be whoever they deem appropriate for the task, but once done, the signature must be submitted to Gran Canciller for the Hyspian records. Book II Criminal law regarding Hyspian citizens and foreigners conducting themselves against the spirit of the law. Code I; Definitions §1 A criminal is an individual who has willingly committed a breach against a law presented either through royal decree or the Lex Hyspia. §2 An Officer is an agent of the law who may conduct arrests and punishments following a judge’s verdict. §2 A judge is an officially appointed agent of the law who is tasked with overseeing a trial and conduct rulings and issue punishments. §3 A lawyer is an individual schooled in the Lex Hyspia who may represent a criminal during the trial. §4 A crime is defined as a breach of the Lex Hyspia in any way or form. §5 A verdict is a ruling issued by a judge regarding punishment or release of a criminal. §6 A witness is an individual who has seen or heard a law being broken and a crime committed. §7 Evidence is defined as any form of legally obtained information regarding a legal dispute or trial. §8 A trial is defined as an occurrence during which the guilt of an individual who has allegedly committed a crime is determined. Code II; Injuries to private body, soul and property §1 Harm caused to an individual , intentionally or unintentionally, by another individual which is not permanent. §2 Harm caused to an individual, intentionally or unintentionally, by another individual which is permanent. §3 The slander and defamation of an individual’s name and reputation intentionally by another individual. §4 The killing of an individual, intentionally or unintentionally, by another individual. §5 The abducting of an individual by another individual. §6 The stealing of an individual’s property intentionally or unintentionally. §7 The damaging or destroying of an individual’s property intentionally or unintentionally. §8 The trespassing upon another individual’s estate intentionally or unintentionally. §9 The threat of committing any of the above to an individual. Code III; Crimes against the state §1 Acting in a manner with the intent to harm or deal damage to the integrity of Hyspia and or the Viceroyal family within or outside of the borders and territories of the Viceroyalty of Hyspia. §2 Attempting to act in a manner with the intent to harm or deal damage to the integrity of the Viceroyalty of Hyspia and or the royal family of Hyspia. §3 The hindering of the Viceroyalty of Hyspia’s governmental duties and work intentionally or unintentionally. §4 When an individual who acts as an agent of the state willingly takes a bribe from another individual. §5 When an individual issues a bribe to another individual who acts as an agent of the state. §6 When an individual, who acts as an agent of the state willingly attempts to take a bribe from another individual. §7 When an individual attempts to issue a bribe to another individual who acts as an agent of the state. §8 When an individual fails to pay due taxes and or due rent for an estate owned by the Viceroyalty of Hyspia. §9 When an individual fails to pay for a fine issued by the court as a punitive measure. §10 When an individual fails to appear before a court of law after being summoned to it without due cause and informing the appropriate officer. §11 When an individual attempts to spark an uprising within the borders and territories of the Viceroyalty of Hyspia against the state. Code IV; Magic, constructs and Darkspawn §1 The following magics are legal and can be practiced freedly: Housemagery, Bardmancy, Paladinism, Templarism, druidism and Shamanism. §2 Voidal magic is restricted, if a voidal mage wishes to cast spells they may do so, however no voidal rituals that may cause disaster may occur. §3 Any magic that is considered dark by Canon law, will be prohibited by Hyspian Law. §4 Any constructs (e.g. Automatons, Animii, Sorvian etc.) are legal, however will follow the law as though they are a descendant. §5 No Darkspawn will be allowed within the gates of Hyspia, aside from grey or blue ghosts who are trying to settle their soul. Code IV; Crimes against the faith §1 When an individual intentionally commits heathen or blasphemous acts. §2 When an individual declares themselves as atheist. §3 When an individual partakes in devilous or heretical activities against DIOS. §4 When an individual partakes in witchcraft. § When a canonist intermingles with another race. Book III Procedural law regarding the Hyspian government and legal system Code I; Duties of the government §1 The Viceroyal Government of the Viceroyalty of Hyspia is to always operate and conduct itself within the spirit of the law and in the best interest of Hyspia and his people. §2 The Viceroyal Government of the Viceroyalty of Hyspia has the duty to defend its territories as well as the duty to uphold law and order within said territories. §3 The Viceroyal Government of the Viceroyalty of Hyspia must ensure social and economic stability within its borders. §4 The Viceroyal Government of the Viceroyalty of Hyspia has the duty to execute the will and order of the Viceroy of Hyspia through their by royal decree appointed offices. Code II; Criminal procedures §1 Once a crime has been committed, the criminal is to be taken into custody and await trial. §2 During the time period of the arrest until the trial, evidence must be investigated and witnesses must be summoned to testify to the truth of the matter. §3 Any and all evidence, regardless of in or against favour of punishment, must be presented at court. §4 A trial must consist of 3 parties; The Judge, the Defense and the Prosecution. §5 A judge must always act in an impartial and fair nature. §6 After the gathering of evidence, such is presented before the judge. Said judge shall then decide if the evidence is sufficient for a trial to proceed. §6a If no sufficient evidence was gathered, the accused is to be let free. §6b If sufficient evidence was gathered, the trial is to commence. §7 The trial is to follow a format as declared by the judge and as per their ruling. §8 Following the examination of witnesses and evidence, the judge shall come to a ruling and give their verdict. §9 Each verdict given by a judge must be in accordance with the severity of the crime committed and the crime itself. §10 The verdict is to be carried out directly following the ruling. Code III; Private legal procedures §1 All matters of legal conflict between two existing parties are to be carried out before a court of law, unless both parties consent to a settlement. §2 Before a trial may commence, the suing party must present their evidence and claims to a judge who then decides if the dispute is to be handled before a court of law. §2a If no sufficient evidence or claim is presented, the application is denied. §2b If sufficient evidence and claim is presented, a date between the judge and the two parties is to be negotiated for a trial to occur. §3 Once a time and date has been chosen, both parties are to present their evidence before the court. §4 Following the presentation of the evidence, the presiding judge shall then make a ruling in accordance with the spirit of the law. §5 This verdict is to be carried out directly following the ruling, but may also be issued at a later date. Signed, HIS HIGHNESS, Cesar II de pelear, Viceroy of Hyspia, Duke of Pacazu, Baron of Arenisca and Del’mar, Lord of Ladorada, Lord of Niseep, Gereon's Hold, and Ciudad de Plata, Protector of the Hyspian People, Patriarch of House de Pelear His Highness, Francisco I, Viceroy Emiratus of Hyspia 11 Link to post Share on other sites More sharing options...
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