Lex Magica
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[edit] Lex Magica of El Pueblo de Nuestra Senora la Reina de los Angeles de Poriuncula
The Consilium of Los Angeles shall set forth a document which shall be henceforth known as the Lex Magica. This document shall be the founding document upon which the Consilium shall stand with precedent and procedure, and shall be the document known as Law. The Lex Magica shall be the deciding factor in all matters of magical law and procedure as approved and set forth by those individuals that shall be henceforth known as Councilors.
The Lex Magica shall recognize the validity and positions of the Consilium, which shall be created by and with the following positions:
- The Councilors
- The Councilors shall be appointed by each Atlantean Order to sit upon the Concilium. The deciding factor shall be left in the hands of the individual paths to decide upon. The Consilium shall recognize Councilors from the Silver Ladder, the Mysterium, the Guardians of the Veil, and the Adamantine Arrow. The Consilium will accept a representative from the Free Council to participate in debate and bring issues to the Consilium. However this position will have no vote or power in affairs of the Consilium. The Consilium will not recognize any representatives from the Seers of the Throne, the Exarchs, the Banishers, or Legacies known as "Left-Hand". During times of trial, the Councilors shall serve as the jury for any cases except where there is a clear and concise conflict of interest.
- The Hierarch
- The Hierarch shall serve as an advisory position to the Consilium. They shall be chosen from the Councilors to serve and to advise, though their voice upon the Consilium shall be taken into account only in times of a tie-breaker in which case they shall be the deciding factor. In times of a trial, the Hierarch shall serve as the Judge presiding over a case except in cases where there is a clear and concise conflict of interest. The Hierarch, as per the rules of law, may elect to "force a trial" In cases of a hung jury during a trial where the Hierarch sits as both jury and Judge, the vote of the Hierarch shall be removed.
- The Provost
- The Consilium shall recognize the rights and duties of the Provost who shall be considered the second-in-command for the Councilors. They shall serve as acting-Councilor in times when there is a clear and concise conflict of interest, or when the standing Councilor is not available for regular duties.
- The Herald
- The Consilium shall recognize the rights and duties of the Herald to serve as the voice of the Consilium to the masses.
- The Sentinel
- The Consilium shall recognize the rights and duties of the Sentinel. They shall be considered the arm and sword of the Consilium, acting as both peacekeepers during times of peace and generals during times of war. During times of War, they shall assume the rights and responsibilities granted to them by a writ of war approved by a two-thirds majority of the Consilium.
[edit] The Laws
The Consilium shall recognize the following precepts as part of the Lex Magica. These shall henceforth be known as “precedent” and shall have “standing” upon which they shall be a deciding factor upon which trials and decisions shall be made. The Consilium shall recognize the concept of Stare Decisis except in cases where a petition is brought before the Consilium.
The following precepts shall be recognized as stare decisis.
[edit] The Precept of Secrecy
The existence of magic shall be kept quiet from those who sleep (henceforth referred to as “Sleepers”). Those who violate this precept shall be recorded with the Consilium. Transgressions of Secrecy shall be considered “cumulative” in nature.
Violations of Secrecy shall include, but are not limited to the following:
- Casting magic before sleeper witnesses (henceforth known as “vulgar”).
- Casting vulgar magic before witnesses who tell others.
- Leaving evidence that magic has been performed.
- Teaching sleepers the mysteries
- Betrayal of arcane knowledge to other Supernatural entities.
- Falsely accusing another of betraying the precept of Secrecy.
[edit] The Precept of Recognition
The Consilium shall recognize all Awakened who fall within the Greater Los Angeles area as falling with the jurisdiction of the Concilium. This shall include “what is above”, “what is below”, “what is without”, and “what is within”. However, those that actively choose to not join the Consilium shall not be subject to the resources of the Consilium. These definitions may be further clarified with a two-thirds majority of the Consilium. All transgressions that occur within these boundaries shall be kept on records for specific time frames which may include, but are not limited to the following guidelines:
| Offense | Punishment |
|---|---|
| Debts | 1 year |
| Minor Offenses | 1 year |
| Major Offenses | 10 years |
| Banishments | Length of Banishment + 5 Years |
| Spiritual Scourging | Sine Die |
The Concilium shall recognize the basic rights of the Defendant, henceforth known as “The Accused”, and all shall be known as “innocent until proven guilty”. The accused shall have the right to seek legal council to represent them in the form of an “Amicus Curiae” or an “Advocate”. They may also choose to represent themselves as their own legal council in any and all trials. All decisions made by the Consilium shall be made with a simple majority. The accused shall not be held to any standards involving a double jeopardy except in cases where new evidence is clear and evident in nature. All decisions may be appealed to a higher court which shall consist of one of two methods. The accused may appeal their case to the Hierarch directly, who may choose to overturn the case, force a retrial, or choose stare decisis. If this is chosen, the decision of the Hierarch is final. The Accused may also elect to seek the Duel Arcane. The decision of the Duel Arcane shall be known as final.
[edit] The Precept of Protectorate
The Consilium shall recognize that all Awakened who fall within the boundaries of the Lex Magica as outlined in the Precept of Recognition shall be afforded the protection of the Lex Magic and the Consilium. Those who seek to violate the sanctum of another shall find that justice shall be met in two manners – first justice by the Consilium, and second, the Consilium shall recognize the concept “Caveat Xeno”. Each recognized sanctum shall provide guidelines on which introductions or announcements can be made to avoid unnecessary harm against individuals not intending to violate the Precept of Protectorate. These guidelines shall be available “upon request”.
At this time, the Consilium shall not recognize “Independent areas” within the boundaries outlined in the Lex Magica.
[edit] The Precept of Hubris
The Consilium shall not seek to establish a firm code of Morality for the Awakened. The Consilium does however, recognize that certain acts shall be considered “grievous offenses” and shall be considered violations of the Precept of Hubris. These offenses include, but shall not be limited to the following:
- Casting of a Curse
- Forcing unwilling transformations
- Binding another’s soul
- Magical attacks against others (except as outlined in the Duel Arcane)
- Aiding of spiritual possession
- Exiling others to the shadow realms
- Using magic to murder another
- Soul theft
- Using magic to force another into acts considered criminal by mortal laws
- Falsely accusing another of offenses against the Precepts
Any of the above acts may also violate the Precept of Secrecy and shall be considered major offenses. Any offense involving murder, soul theft, forcing of criminal acts or magical attacks with intent to kill or harm shall be considered major offenses. Falsely accusing another of violations of any of the precepts may also be considered a major offense.
[edit] The Precept of War
The Consilium shall recognize that disputes between cabals exist. When disputes are unable to be solved with mediation with a neutral third party, the Consilium shall recognize the precepts of “High War”, provided that the cabals involved adhere to the rules of Engagement as laid out prior to the start of the proposed engagement. Should the Rules of Engagement at any time be violated, the Sentinels, who shall act as the formost authority on war, reserve the right to take any and all actions necessary to end the violence and restore peace. The proper procedure under rules of war shall be as follows:
The Cabals shall come forward with a dispute and request mediation with a neutral third party.
If a decision is unable to be reached through mediation, one or more cabals may petition to engage in warfare and may establish Rules of Engagement that must be approved by the Sentinels prior to being submitted to the Consilium.
The Consilium must approve all acts of war with a two-thirds majority.
The petitioning cabal must then decide if they wish to engage in approved warfare, which shall be known as “Sanctioned Warfare” or unapproved warfare which shall be known as “Low Warfare”.
The finalized Rules of Engagement shall be approve and resubmitted to the Sentinels.
[edit] Judgements
The Consilium shall recognize the following judgments as potential outcomes of any crimes or transgressions that may occur. These are subject to change at any time, and may be further defined by the Consilium at any time with a simple majority vote. These shall be referred to as “The Tetragrammaton”.
- Minor Reprimand
- Major Reprimand
- Payment of Debt
- Minor Penance (may include Community Service)
- Major Penance
- Severe Reprimand
- Incarceration
- Banishment
- Scourging
- Spiritual Oblivion.
[edit] The Trial
The Counsilium shall recognize the following procedures for a trial:
[edit] Pre-Trial
- The petitioner shall bring a case before the Consilium.
- The Consilium reviews the request and may elect with a simple majority vote to apply the Lex Magica to the case. In cases where the request is denied, the petitioner has the option of requesting an impartial third party to sit as mediator for the dispute. At this time, the Hierarch may also call for a “Forced Trial”, in which case, the proceedings move forward directly, and all decisions MUST be made with a two-thirds majority from this point on.
- In cases of normal proceedings, the Consilium shall set a date for the proceedings, and provide relevant information to the Herald. At this time, the petitioner shall take on the role of prosecution and may collect key evidence and witnesses. The accused, who shall be known as the “Defendant” in this case, shall be notified of the hearings in writing, and be given the date upon which the trial shall be held, and allowed sufficient time to prepare their defense. The Defendant shall have the right to know what charges are being levied against him so as to prepare an adequate defense.
- A Pre-trial shall be held during which time, the Prosecution and the Defense must present their Advocate minor (in cases where they are representing themselves before the Court), or Advocate Major (in cases where they have requested someone to serve as legal defense). At this time, the Advocates will meet with the Judge and decide if this will be a public or private trial (except in cases where a Guardian of the Veil has requested to oversee the trial due to severe violations of the Precept of Secrecy). Both the Prosecution and Defense are required at this time to provide names of key witnesses which shall be brought before the Court for questioning.
- A final time shall be set for the proceedings.
[edit] Day of the Trial
The Court shall recognize that failure to appear before the Consilium shall be taken as a rejection of the Consilium and the protection of the Lex Magica. The Consilium reserves the right under the Lex Magica to proceed with the trial without the cooperation of the missing party (whether Prosecution or Defense), up to and including the final judgement.
The proceedings shall begin with an opening ritual as outlined for “Opening the Lex Magica”, and shall call upon the Masters of Mind to preserve the memories of the trial, Spirits so that the Spirits may bear witness, Time, so that the revelations of the events are known to all. At this time, the rules for the trial shall be announced, which shall be a summarization of the information provided by both the prosecution and defense during the pre-trial arrangements. At this time, the Hierach shall sit as the Judge of the proceedings, and the Councilors as the Jury.
Each side shall be given the opportunity to provide an opening statement, beginning with the Prosecution first, and then the Defense. During this time anyone held in contempt of the Court shall be removed from the Proceedings and will not be allowed to return. Following the Opening statements, the Prosecution may elect to call forth key witnesses to provide testimony, after which they may be cross-examined by the Defense. This shall alternate after all witnesses have been called before the Court. The Witnesses shall have the right to not be lead or have words inferred, just as in any Court of Law. Providing False Witness before the Court shall be considered a Major Offense. Any witnesses not provided to the Judge and Jury during pre-trial arrangements may be allowed testimony with a simple majority vote of the Counsilium except in cases where there was a “Forced Trial”, in which case, a two-thirds majority is required.
After all witnesses have been brought before the Court, each side shall provide a closing statement, after which time the Judge and Jury shall retire to private chambers to review evidence and testimony to decide upon a final outcome for the proceedings. In cases where there is a “hung jury”, the decision of the Hierarch is removed.
The judgement of the Concilium shall be fair and concise, and shall be made with the best intentions of all parties involved. Any appeals to the judgement must be requested within thirty days in writing to the Concilium. The procedures for appeal are located above.
The Accused shall have the right, after their sentences have been served, to return to Awakened society with full and complete rights.
