MOTION TO DISMISS
Church of the Canon v. Atticus Keen, et al.
There is no power except from God.
Let justice be done though the heavens fall.
Pelagius IV, Bishop-Lector of the Church of the Canon
ON BEHALF OF
Atticus Keen, Princeps of Ivoria
To the Right Honourable Justices of the High Court of Justice of the Church of the Canon,
As is the right of a Defendant, cases can be dismissed based on insufficient evidence, jurisdictional issues, or malicious and frivolous intent. The defense submits that the recent case brought forth against Princeps Atticus Keen of Ivoria, initiated by Bishop Alaric Altamarino and Cardinal Ivan Lotharia, meets all three criteria for dismissal. The defense further asserts that allowing this case to proceed risks setting a precedent that undermines Canon Law and the principles upon which this Court was founded.
Introduction
The Prosecution loosely calls upon several claims in their initial case, observing that the Princeps of Ivoria has proven insubordination through the Pontifical Constitution and violated its amendments. In doing so, they assert that he has proven negligent to rule, and that two involved guards must be barred from their positions. They use these violations to further allege potential wrongdoing and misconduct worthy of a trial. The Defendant asserts that these claims are vague, ill-intentioned, and in violation of Canonist Law.
Even despite the faulty charge, we recognize the Prosecution’s attempted relief is unnecessary and only has relevance to political motivations and malicious interests. It should be recognized that the original provisioning for the Ivori land deed considered the Ivori as a cultural people returning from voluntary diaspora. Requesting abdication of their tribal leader is tantamount to requesting the eviction and departure of an entire people and their possessions. By precedent, the Ivori people have shown to be righteous and steadfast, hosting daily masses and dedicating their lives to the Lord God. Furthermore, to call for preliminary suspension of his men overwrites the trust owed in feudal contracts and must be denied for the integrity of the states.
The prosecution stated:
Princeps Atticus Keen of Ivoria is hereby indicted with committing INSUBORDINATION of the highest order against the Pontifical States, in addition to gross negligence in affairs of governing, specifically violating: The Tetrium Directivum & Secundum Directivum.
Utilizing the following ‘legal principles’:
Article IV of the Fundamental Statue for the Holy See Territories, Paragraph 2-3 & The Secundum Directivum, section 2: NO organization or person that is subject to the government of the Pontifical States SHALL engage in any unauthorized application of force or intervention in or against any foreign nation, and The Tetrium Directivum of the Holy Pontifical States, section 1: ALL punishments and penalties and executions under the jurisdiction of the Pontifical Government SHALL be carried out in a manner that is professional and efficient, not directed to permanent maiming, humiliation, or, in the case of an execution, a prolonged death.
The basis for dismissal is sought on the following:
I. ON ARTICLE IV OF THE FUNDAMENTAL STATUTE
The Defendant holds that this case is unworthy of the High Courts of Justice, asserting that such a misuse of resources only violates the feudal contract owed to the Pontifical States through the Pontifical Constitution.
The Prosecution cites Article IV of the Fundamental Statute for the Holy See Territories, which state that civil disputes may be heard by the High Court should they not contravene Canon laws, fall within the jurisdiction of the Pontifical States, and involve only baptized citizens. However, Article IV in its entirety speaks specifically about the right of the citizen to petition the court on civil matters, not about criminal matters brought forth by the prosecution as in this instance.
Importantly, Article X establishes that entities and estates may establish their own courts of law, provided these courts adhere to the provisions of the constitution. However, the prosecution is attempting to circumvent this. If the Court were to accept the Prosecution’s interpretation as valid reason to enter the High Courts, it would render all vassal rulers powerless in their right to govern through their own courts, requiring Pontifical approval for every local issue.
Under this principle of subsidiarity made clear in the Pontifical Constitution, local courts and regional authorities must be the first to address disputes within their jurisdictions. The High Court of Justice should only intervene in civil cases where local courts fail to resolve the matter or if the case involves grave canonical violations—neither of which apply here.
II. Timing of Directives
The prosecution's case rests on allegations that Princeps Atticus Keen violated Directivums of the Constitution. However, both Directives that are quoted to claim negligence of his leadership were enacted two days after the alleged incident took place.
According to Canon Law, Book I, Title I, Chapter I, Section 2: 'Laws provide for the future only, unless expressly provided.' Therefore, the cited Directives cannot be retroactively applied to this case, rendering the prosecution’s argument legally invalid from the outset. This also demonstrates malicious intent in trying to strawman charges, which the Defendant levies as disrespectful.
III. On the Constitutional and Canonical Implications of this Contract
The High Court of Justice in its original charge states that it is established to interpret and enforce Canon Law, as well as oversee civil disputes within the Pontifical States. The prosecution’s reliance on secular statutes, such as the Directivums, raises a fundamental question about the jurisdiction of this Court. Is the Prosecution no longer charged with Canon Law, such that the High Court can move forward with its mission in interpreting and enforcing the Codex Iurius Canonic?
We remind the Court that, even if this criminal case is somehow considered civil, it is in the rules of procedure that the High Court “shall only hear civil disputes within the Pontifical States when no Regional Court exists in the jurisdiction, the case is appealed from a Regional Court, or the case involves issues of Canon Law.”
The validity of the Prosecution using the Constitution of the Pontifical States compared to the Canon Law must be distinguished. The Directivums, and those of the constitution, are secular laws enacted by the Pontifical States Government, not canonical laws codified in the Codex Iurius Canonic. The avenue of Prosecution in the High Court of Justice is established to interpret and enforce Canon Law, not the constitution nor amendments like the Directives cited by the Prosecution. Therefore, the Directivums and the constitution, through the way the prosecution intends to try the Princeps of Ivoria, cannot be used as a legal basis for a prosecution in the High Court, which is exclusively a court of Canon Law.
Regardless of the above facts, the Court must ask itself what will result if codexes and laws can exist beyond that of Canon Law, sufficient for men to be prosecuted in the High Courts. To allow another law to rule the fate of man, when it was intended that Canon Law serves paramount in the Pontifical States. Let this serve as a clear reference to a shortcoming to be solved, but not precedent that undermines the legitimacy of the High Court.
The defense respectfully urges the Court to reject this overreach of the prosecution and uphold the integrity of its jurisdiction, as well as future cases.
Closing Remarks
This case is simply insufficient to be heard by the High Court.
It uses retroactive laws, proving malicious intent and breaking Canon Law. If the constitution was acceptable to be used in the High Court, the charges are insufficient to be raised due to subsidiary and feudal concerns. However, still yet, such overreach in allowing the prosecution to use a constitution rather than canon law must be shut down. This Prosecution disrespects the goodly people of the Principate of Ivoria, as well as the courts, by concerning them with a frivolous cause.
We motion that the High Court dismiss this Prosecution in its entirety, and come out with clear guidelines to keep the prosecution in check.
RULE I. ー COMPLIANCE
ART. 1. All subjects of law appearing before the High Court shall comply with these Rules of Procedure.
ART. 2. Failure to comply with these rules may result in penalties, including fines, excommunication, or other disciplinary measures as appropriate.
GOD BLESS & MAY THE WHITE FLAME GUIDE YOU,
Holy Counsel, Pelagius IV, Bishop-Lector