THE CHURCH OF THE CANON v. KEEN, ET AL. - RESUBMISSION PURSUANT TO HCI-002/12

[Wavey 2568]

Spoiler

 

High Court of Justice of the Church of the Canon

 

IN THE MATTER OF:

The Church of the Canon

 

v.

 

Princeps Atticus Keen, et al.

 

SUBMISSION BY THE PROSECUTION

to the High Court of Justice of the Church of the Canon

 

From:

Pontifical Prosecutor Alaric Bishop Altamirano

Cardinal Ivan Lotharia

 

Date: 

14th of Harren’s Folly, 2012 A.D

 

INTRODUCTION

Purpose of the Submission:

This submission is made on behalf of the prosecution in connection with the above-referenced case. It outlines the prosecution's position, provides relevant evidence, and seeks appropriate relief or directions from this Holy Court.

 

Nature of the Case:

Princeps Atticus Keen, Boris of Ivoria, and Eduard of Ivoria by and through authority of the Pontifical Prosecution, are hereby charged with violation of the enumerated penal codes below pursuant to the Codex Iurius Canonici Danielus Pontifex, Second Edition and the Canticle of Patience provided by the Scroll of Virtue, enumerated below:

Scroll of Virtue, Canticle of Patience: 

“So I am the Most High, and in pursuit of My Virtue, I bid my faithful this: You shall not raise a hand in wrath, nor in envy, nor in any kind of sin.” (Virtue 5:9).

Codex Iurius Canonici Danielus Pontifex, Second Edition Book I, Title I, Chapter I:
 

§1. The Holy Scrolls, comprising the Virtue of Horen; the Spirit of Owyn; the Gospel of Godfrey; and the Auspice of Sigismund are the foundation of all law and morality.

§2. It is the right of the Church through the High Pontiff to interpret and apply the commandments of the Holy Scrolls.

§3. Nothing is assuredly the command of the Exalted unless it be written in the Holy Scrolls, they being divinely inspired.

 

Codex Lurius Canonici Danielus Pontifex, Second Edition Book V, Title II, Chapter 3: 

§5. A person who insults or threatens a cleric has committed a crime.

§10. A person who obstructs the justice of the Church has committed a crime.

§11. A person who illegitimately attempts to enforce canon law has committed a crime.

Pursuant to the Preliminary Decision issued by the High Court of Justice, the Pontifical Prosecution may still pursue criminal charges against Atticus Keen and his constituents under Canon Law. Church of the Canon v. Keen, et. al., HCI-002/12, 11, 17 (2012).
 

STATEMENT OF FACTS:

Summary of Relevant Facts:

Two elves from Caurost entered the territories of the Pontifical State, specifically within the Principality of Ivoria. Defendants Boris of Ivoria and Eduard of Ivoria approached the two elves and held them against their will. Defendants then proceeded to cut off the ears of the two elves and then forcefully converted them to the Canonist Faith. Defendant Atticus Keen of Ivoria was informed of the matter but refused to investigate and discipline the two knights whom he concedes serve him. Defendant Atticus Keen then proceeded to make negative remarks against elves, even those who are peaceful, canonist, and allied with the Pontifical States. 

 

Amidst the ongoing investigation of this case, Defendant Atticus Keen would then call for the deaths of all witnesses interviewed by the prosecution whilst also calling for the assassination of Pontifical Prosecutor Cardinal Ivan of Lotharia.

The High Court of Justice had issued a preliminary dismissal of the case pursuant to the inadmissibility of the Pontifical Directives issued by the Pontifical States. The High Court of Justice would then instruct the Pontifical Prosecution to pursue charges pursuant to The Canon Law.

A Saint’s hour after the decision issued by the High Court of Justice, Princeps Atticus Keen would issue a search warrant for three witnesses without consulting the Premier of the Pontifical States’s Cabinet.

 

Actions by the Prosecution to Date:

• Various witnesses have been interviewed, and testimony or affidavits have been secured.
• General Investigation surrounding the crimes of Attics Keen and Others.
• A Report, is being published by Petran and Caruousi authorities which the prosecution will utilize as further evidence upon receival. 

 

PARTIES INVOLVED:

Prosecution:

Ivan Cardinal Lotharia

Alaric Bishop Altamirano

Defendant(s):

Atticus Keen

Ser Eduard

Korperal Boris 

All Constituents adhering to Atticus Keen’s most recent missive: Bounty For Traitors Against Ivoria

 

Other Relevant Parties (if applicable):

TBD.

 

EVIDENCE RELIED UPON

Summary of Evidence:

The Prosecution intends to rely upon witness testimonies, affidavits, and the recently published missive by Princeps Atticus Keen: Bounty For Traitors Against Ivoria.
 

 

Supporting Documentation:

The prosecution submits the following evidence in support of its charges:

 

1. The written testimonies collected by Prosecutor Alaric Bishop Altamirano.
    
2. Written and signed affidavit of a witness regarding Atticus Keen’s intention and desire to harm or assassinate all witnesses and a Pontifical Prosecutor.
    
3. A copy of Atticus Keen’s Missive: Bounty For Traitors Against Ivoria.
    
4. Further evidence shall be provided as the investigation continues. 

 

Relevance of the Evidence:

Relevance provided within the Legal Arguments below. 

 

LEGAL ARGUMENTS:

Discussion:
A. Establishment of Personal Jurisdiction

The Holy Scrolls are a fundamental pillar of the Canonist Catechism. Each scroll contains written instructions and rules in which a canonist shall abide by. Book I, Chapter I of the Codex Iurius Canonici Danielus Pontifex, Second Edition outlines the Holy Scrolls as the primary framework and foundation for all Canon Law. See Daniel VI, James II, Codex Iurius Canonici Danielus Pontifex, Second Edition (Rev. 1801).

 

The Canon Law is derived from the Holy Scrolls. Its laws may be amended or added per the will of the Holy Mother Church through the High Pontiff. See id.

The Pontifical States is a sovereign entity under the direct jurisdiction of the High Pontiff and Holy Mother Church. Furthermore, under the Constitution of the Pontifical States issued by the High Pontiff through his golden bull, the Canon Law shall be the ultimate law governing any individual domiciled within the Pontifical States. See Harrentzedek I, Prima Aurea Bulla Citreum Collis, Section XI (2004).

 

The High Court of Justice is the highest judicial court within the demesne of the Pontifical States and exercises supreme judicial authority within the Holy Mother Church. See Bainbridge, Praecepta Procedendi, Chapter I: Rule I (2004).

 

The High Court of Justice has granted the Pontifical Prosecution the authority to raise criminal complaints against the Defendants in its preliminary decision of the first iteration of this case. Church of the Canon v. Keen, et. al., HCI-002/12, 11, 17 (2012).
 

Defendants are citizens within the Pontifical States. Defendants are domiciled within the Pontifical states. Thus, Defendants are subject to Personal Jurisdiction by this court. 

 

B. On the systematic persecution of the Children of Malin

It has been established that the Canon Law governs the territories of the Pontifical States. The Scroll of Virtue, a progenitor of the Canon Law, establishes the Canticle of Patience which provides: “So I am the Most High, and in pursuit of My Virtue, I bid my faithful this: You shall not raise a hand in wrath, nor in envy, nor in any kind of sin.” (Virtue 5:9).

The persecution of innocent descendants violates this canticle. Within the Scroll of Gospel, Godfrey is admonished by the LORD for spreading the faith by the sword whilst proclaiming the superiority of humanity above all descendants: “Thus the Lord was wroth with Godfrey and He spoke ‘Lo, you have been proud and called My work your own. Who clove the waters from the earth, and who created the Skies and the Void?’” (Gospel 7:20-22). For it is within these lines whereas the ALMIGHTY warns against the dangers of using HIS name to incite needless violence.

Compulsory conversion to the canonist faith without just cause is further prohibited under Canon Law. The Scroll of Spirit provides in its epistle to the godwinites, “Verily, brother, the Lord GOD has given no compulsion in faith.” (Spirit 1:3).

 

Here, witness testimonies privy to the Princep’s council provide that Atticus Keen purposefully refused to prosecute Ser Eduard and Korperal Boris  who attempted to forcefully convert a mother and child into the Canonist Faith. Princeps Keen has also been heard by the witnesses that, “these were elves, and not worth sufficiently punishing a Knight over nor would he approve the arrest” even when these knights threatened the “death and mutilation of a child.” 

 

Further depositions from the witness testimony reveal that Atticus Keen expresses a “disdain for elves” and such a comment was backed by the witnesses themselves who stated that he had once “belittled” an elven canonist studying as an acolyte under the Holy Mother Church. 

 

A later witness has also testified under oath that prior to the establishment of Ivoria’s city, Atticus Keen had expressly stated that “any elf seen on his lands will be thrown off the cliffside.”

Thus, the aforementioned testimonies clearly show a blatant violation of the Canticle of Patience within the Scroll of Virtue.

C. On the illegitimate enforcement of the Canon Law

Having established that the Pontifical States-through its constitution issued by the High Pontiff-adheres to the Canon Law as the supreme law of the land, its enforcement may only be granted by the Holy Mother Church. See Daniel VI, James II, Codex Iurius Canonici Danielus Pontifex, Second Edition (Rev. 1801).

 

Section 11 of Book 5, Title 1, Chapter 3 of Codex Iurius Canonici Danielus Pontifex, Second Edition states that: “§11. A person who illegitimately attempts to enforce canon law has committed a crime.” See id. This binding statute governs the supremacy of the Pontifical States in its enforcement of Canon Law. The Directives issued by the Premier, who governs the nation on behalf of the High Pontiff, are subject to the Canon Law. Thus, all internal and diplomatic endeavors of the Pontifical States must adhere to the Canon Law. 

 

A witness privy to the military actions of Ivoria and present during a diplomatic incident with Nevaehlen states that when Atticus Keen and his retinue arrived at the gates of the Vale, he was “refused entrance”. Furthermore in accordance with the witness’s testimony, it can be reasonably assumed that when Atticus Keen had threatened “war with the Vale” for being refused entrance into their city, he was acting without consent from the Premier’s cabinet and the High Pontiff. His separate action can be considered an illegitimate enforcement of the canon law. 

 

Another witness testimony provides that the witness had seen a soldier of the Ivorian military execute an elf. When the witness asked the reason for the execution, the soldier stated that “Atticus said so”. When the witness inquired the reason for Atticus’s order, the soldier “was unable to state the actual crime he had committed.”

 

Further, a testimony from another individual privy to the Princep’s courts had stated that Atticus Keen had once let elven diplomats into his city before “hunting them down like dogs” afterwards. Such an act violates Pontifical Supremacy of the Canon Law regarding diplomacy. Rather than letting the elven diplomats speak with the Premier or the High Pontiff, Atticus Keen took it upon himself to issue orders to harm them. 

 

Thus, the prosecution claims that under the Canon Law, Atticus Keen has violated section 11 of Book 5, Title 1, Chapter 3 of Codex Iurius Canonici Danielus Pontifex, Second Edition through these diplomatic incidents and his orders to harm elves either be it out of vendetta, or personal ambitions of violence. 

 

Lastly, Atticus Keens missive calling for the capture or death of three witnesses whom he labels as “traitors” within his missive is also a violation of Section 11 of the Canon Law. He did not consult with the High Pontiff nor the Premier of the Pontifical States before publishing his missive. 

 

D. On the threats issued by Atticus Keen and his constituents
Section 5 of Book 5, Title 1, Chapter 3 of Codex Iurius Canonici Danielus Pontifex, Second Edition provides that “§5. A person who insults or threatens a cleric has committed a crime.” See id. 

 

When such a threat is against a Cardinal of the Holy Mother Church and privy to the High Pontiff’s Curia, it is schismatic in nature. See id.

 

Section 10 of Book 5, Title 1, Chapter 3 of Codex Iurius Canonici Danielus Pontifex, Second Edition provides that “§10. A person who obstructs the justice of the Church has committed a crime.” See id.

 

An affidavit written under oath by a witness privy to Atticus Keen’s court and council has stated that “Atticus directly called for the Death” of Cardinal Ivan while also to “intimidate” Bishop Alaric. When the Pontifical Prosecutors are working strictly in professional capacity on behalf of the Holy Mother Church, such dangerous statements may incite further violence and instability within Canondom. 

 

The same affidavit states that Atticus Keen had also “directly called” for the death of the witnesses essential to this case and investigation. Such blatant threats are evidently a form of obstruction of justice. 

 

The recent missive published by Atticus Keen titled Bounty For Traitors Against Ivoria solidifies the claims made by the signed affidavit. These names were mentioned by the witness who had signed the affidavit. If such is true, then it can be reasonably inferred that Atticus Keen is not above harming clergymen within the Holy Mother Church if he does not like them. Furthermore, the prosecution finds that the Princeps may hire mercenaries and brigands to find these witnesses. Thus, these same mercenaries and brigands may choose to harm others who oppose Atticus Keen all for the Princeps’s favor. 

 

Refutation of Defense Arguments: 

A. On the matter of “Sovereign Entities” and “Feudal Concerns”

The defense may argue similarly during their previous motion to dismiss that Pontifical Prosecution is encroaching upon the sovereign rights of Ivoria. Such an argument has no merit.

 

As it was established in the aforementioned arguments, the Pontifical States has supreme authority under the Canon Law over its citizens and all residents domiciled within its territories pursuant by the very Golden Bull published by the High Pontiff. See Harrentzedek I, Prima Aurea Bulla Citreum Collis, Section XI (2004). 

 

Furthermore, the Pontifical Prosecution is an extension of the Canon Church exercising its professional authority as investigators and prosecutors for the Judiciary of the Holy Mother Church. See Daniel VI, James II, Codex Iurius Canonici Danielus Pontifex, Second Edition, Book I (Rev. 1801). 

 

Vassals being “sovereign entities” do not nullify their liege’s supreme authority above them. No explicit and written agreement was signed between Ivoria and the Holy Mother Church outlining a contractual relationship. The Constitution merely provides the privileges Vassals may have, and such privileges are subject to the discretion of the Holy Mother Church through the High Pontiff and the Premier of the Pontifical States. This discretion is further legitimized under Book I, Chapter I, Section 2 the Canon Law. See id; See also Daniel VI, James II, Codex Iurius Canonici Danielus Pontifex, Second Edition, Book I (Rev. 1801).

 

Furthermore the “feudal contracts” and “feudal concerns” argument has no legal basis within the Pontifical States. It is established law and tradition that the High Pontiff has a permanent mandate as Vicar of GOD. His curia, and institutions are the extension of that same mandate which permits him to govern in accordance with the LORD’s will. Feudal concerns are merely reserved for Canonist Princes or any other sovereign who does not have a permanent mandate. See Daniel VI, James II, Codex Iurius Canonici Danielus Pontifex, Second Edition (Rev. 1801).

 

Thus, Ivoria is not a sovereign entity, for it is not an independent entity. It is subject to the directives, decrees and authority of His Holiness and the Holy Mother Church. 

 

B. On the matter of “Double Jeopardy”

The defense may put forth a “double jeopardy” argument. Minus the explicit lack of the double jeopardy defense within Canon Law, The Prosecution will entertain this form of defense in anticipation of future cases where such a defense may arise.

The High Court of Justice has provided a criminal mandate for the Pontifical Prosecution in its preliminary decision under section 11 and Section 17. Church of the Canon v. Keen, et. al., HCI-002/12, 11, 17 (2012). This mandate permits the prosecution to reopen this case de novo pursuant to Canon Law.

 

Both sections provide that the Prosecution may pursue this case again but under the jurisprudence of Canon Law. Thus, at the time this submission is presented before the courts, the Prosecution rests its charges under the Canon Law.
 

C. On the matter of “Negligence”

The Prosecution concedes that negligence is a river which flows through the canals of civil litigation. Tortious in nature, civil litigation is the best medicine for the aching pain of negligence. However, Atticus Keen’s actions were not negligent. 

 

As the above facts and arguments have shown. The Princeps’ purposeful neglect of investigating the actions committed by his retinue, and further evidence of his direct orders show a matter of “depraved heart” indifference to the victims and complete ignorance to the laws of the Pontifical States. 

 

D. On the matter of “Sovereign Privilege” 

Privilege is not a right. Privilege is a reward given to loyal subjects of their liege. Here, Atticus Keen has expressly disregarded the written laws governing the Pontifical States. Thus, he has expressly disobeyed his liege. When insolence is concerned, the safety of the Pontifical States is held above “Sovereign Privilege”; For the unity of the Church is essential under The Canon Law.  Daniel VI, James II, Codex Iurius Canonici Danielus Pontifex, Second Edition Book 5, Title II (Rev. 1801).

RELIEF SOUGHT:

Primary Relief Sought:

1. A preliminary injunction revoking the legal authorities of Ser Boris and Eduard, until the guilt of these parties is determined. This is chiefly to prevent further abuses of power from occurring.
    
2. A preliminary injunction temporarily revoking the authority of the Ivorian military upon the lands of the Pontifical States.
    
3. Nullification of the missive Bounty For Traitors Against Ivoria.
    
4. The compulsory Abdication of Atticus keen from his post as Princeps of Ivoria and subsequent excommunication.
    
5. Adequate issuance of punishment from the Pontifical States on all adherents to the recently published missive by Princeps Atticus Keen. 

 

Additional Requests:

The Prosecution requests for a full protective order for all evidence pertaining to witness testimonies and affidavits to ensure the safety of such witnesses. The recent missive issued by Princeps Atticus Keen highlights his wrathful nature which if left unchecked, may incite further conflict within the Pontifical States and beyond. 

 

Justification for Relief:

The aforementioned party, pursuant to their violations of canon law and the Canticle of Patience, should not be allowed to retain their offices; unrepentant criminals and sinners are not fit for the duties of leadership. The aforementioned party and their position in leadership within Ivoria and the Pontifical States may compromise the safety, security, and stability of Canondom.

Furthermore, The safety of the witnesses, essential to the charges aforementioned, will be at continued risk if the court does not enact a protective order for the aforementioned witness. It is essential their testimony is heard, before they are criminally tried in the courts of Ivoria. 

 

PRAYER:

In light of the foregoing, the prosecution respectfully prays that this Honorable Court may be pleased to:

 

1. A preliminary injunction revoking the legal authorities of Ser Boris and Eduard, until the guilt of these parties is determined. This is chiefly to prevent further abuses of power from occurring.
    
2. A preliminary injunction temporarily revoking the authority of the Ivorian military upon the lands of the Pontifical States.
    
3. The compulsory Abdication of Atticus keen from his post as Princeps of Ivoria.
    
4. The excommunication of Atticus Keen and all constitutients embedded within his plot to harm clerics of the Holy Mother Church and the Unity of the Holy Mother Church [Subject to decree of the High Pontiff].
    
5. Adequate issuance of punishment from the Pontifical States on all adherents to the recently published missive by Princeps Atticus Keen. 

 

SIGNATURE AND VERIFICATION: 

Signature of the Prosecutor(s):

Ivan Cardinal Lotharia
 

Alaric Bishop Altamirano

 

Verification:

We, the undersigned prosecutors, hereby affirm that the contents of this submission are true and correct to the best of our knowledge, information, and belief.

 

PLACE: Holy See of Mount Lemon

DATE: 14th of Horen’s Folly, 2012 A.D

 

ON BEHALF OF: 

The Pontifical Prosecution

 

 

[Javert 9615]

"I'VE PLAYED THESE GAMES BEFORE!!!" raged Ser Meili Altwegg, Baron of Avistra. "I SAID I'VE PLAYED THESE GAMES BEFORE!!!!!" the Knight insisted before his terrified Son.

[Kardika 1057]

"a'las do the lies spew and the fools stomp their feet..." Vindacus remarked before stalking the highways of the midlands.

[annanicole__ 2802]

Lorelei walks to the chapel in Enswerp, where she takes a seat and offers her prayers.

[HeyitsNano 1582]

"The Prosecution's attempt at appearing relevant is ill-placed, for this is nothing but a public attempt to besmirch the name of Keen. The public will not know that have not spoken once with the High Priest or majority of the Curia regarding these matters." Atticus Keen spoke.

 

"Of course they know nothing about traitors. The bounty is still on."

[Based1Salmon 758]

Sitting at the desk of his room, Peter di Alessandria reads over the post with approval, before taking quill to paper for a missive. 

[MCVDK 2830]

 

 

By Pontifical Decree, this case is hereby transferred to the Office of the High Pontiff, to be adjudicated and ruled upon solely by His Holiness.

 

In accordance with the provisions set forth in the Establishment of the High Court of Justice (2003), Chapter I: Of the High Court of Justice, Article 4(ii), this Court, operating under the authority of the Principal Justice, is expressly precluded under such circumstances from issuing any preliminary injunctions or imposing restrictions upon the parties involved. The jurisdiction and sole authority to adjudicate and resolve all matters pertaining to this case are vested exclusively in His Holiness.

 

AUTHENTICATION AND SIGNATURE:

His Excellency, Principal Justice of the High Court, Fr. Wenceslas Bainbridge.

 

[Cheese 8880]

A heretical elf with absolutely no stakes in the game, quietly enjoys catching whispers of the drama in the neighboring Ivoria and Holy Lands. "What a joke these people are," She chuckled to herself from the balcony of her tower.

[Mister_Gavin 567]

Bishop Alexios prayed silently that this chicanery would soon end. He grew tired of his mailbox overflowing with legal mumbo jumbo and the quipping of fools.

Edited January 21, 2025 by Mister_Gavin
schizo crashout

[Plausifraunz 361]

2 hours ago, Javert said:

"I'VE PLAYED THESE GAMES BEFORE!!!" raged Ser Meili Altwegg, Baron of Avistra. "I SAID I'VE PLAYED THESE GAMES BEFORE!!!!!" the Knight insisted before his terrified Son.

 

"Relax yourself, my dear. Do not spook the poor boy." The Baroness insisted as she too read the missive. Disappointment across her face. "They just dismissed this case, did they not? For what reason they've to resubmit? They've no faith in the decision of the courts?" Arya queried.