The case of King Noah

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Mahmud bin Alsalam
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The case of King Noah

Post by Mahmud bin Alsalam » Tue Feb 25, 2020 9:06 pm

The case of King Noah
Held at 5.XIII.1681 AN

“All rise... this tribunal is now in session. The honourable judge Böhmer presiding. " Five judges enter the room. When they have taken their seats, the presiding judge Böhmer invites the attendees to sit. “Today we are hearing the case of King Noah. The Prosecutor is Eva von Babenberch and the Defense is conducted by Traeliorn Craris. May I give the prosecutor the floor? " Eva von Babenberch stands up and says: "Thank you, Your Honourable Judge."

“I would like to ask you, Your Honourable Judge of this Tribunal, the question: Was the deposition of King Noah legal? To answer this question, I want to hand over a number of documents. To begin with, I want to present a timeline of events based on the Gregorian calendar:
* 2017-08-01: Malarboria is incorporated in Shireroth as an Imperial State.
* 2017-08-06: Daniel Dravot announces departure from Elwynn.
* 2017-08-22: Issuance of Imperial Decree 969: "The Harald Entity". The exclusion of Froyalaners, including King Noah.
* 2017-08-23: The State Law & Order Restoration Council is established to maintain order in Elwynn, due to the exclusion of King Noah.
* 2017-08-23: The composition of the Council of Eliria is being changed by impostor Vilhjálm.
* 2017-08-25: Impostor Vilhjálm installs Daniel Dravot as Royal Instructing Justice or Elwynn.
* 2017-08-31: Impostor Vilhjálm relieves itself of all rights and titles.

What this timeline makes clear is a preconceived and very soon implemented plan to oust King Noah. This is no different as a betrayal. A coup.”

"May I interrupt you?" the judge asks. "Why do you start your timeline with the incorporation of Malarboria in Shireroth?" "Your honourable Judge, that nation was strongly based on demonic worship, while the deportation of King Noah is based on ‘demonic influences.’ With this I want to show that the argument that ‘demonic influences’ is argued only as regards King Noah as undesirable, while an entire demonic nation as Imperial State would be incorporated into that same period " Eva replies.

"Go on," says the Judge. “The description of the situation has also shown that this is a coup, see here and here. But let's take a closer look at the documents used to justify all this:
* Charther of the Imperial Republic, as valid at that time
* Imperial Decree 699
* Resolution to extend the jurisdiction of certain imperial decrees to the imperial states
* Imperial Decree 940
* Imperial Decree 969
* Constitution of the Elwynnese Union

Your Honourable Judge, I hereby plead condemnation of the deposition of King Noah, condemnation of the coup and condemnation of the deportation of Æsileif Haraldsdóttir, Fjǫrleif Hallbjörnsdóttir, Hallbjörn Haraldsson, Inga Njállsdóttir, Thorstein Noah Hallbjörnsson, Yumi Zotrasdóttir and other miscellaneous members of the Vanic Priesthood.

Imperial Decree 969 has been issued unlawfully and, moreover, implemented unlawfully. The deportation on the basis of Imperial Decree 699: 2.a, 2.d, 2.h, 2.i, 2.j, 2.m, 2.p has not been specified and proven. The indication of "demonic presence" is not specified anywhere in the then applicable legal text.

The implementation of Imperial Decree 969 was so swift that no challenge could take place at the Imperial Judex. The implementation of the decree has been used to commit a coup in Elwynn. Under the pretext that King Noah could no longer remain in office after his deportation. That is contrary to Elwynn's constitution. But even more, in contradiction with Elwynns Straflov.

Thank you, Your Honourable Judge." Eva sits down and the Judge invites Traeliorn Craris to the defense.

“Your Honourable Judge,

The decree 969 was a deportation order based on 699. The deportation order comprised the named individuals. The idea that they are all infected by the "Harald demon" is obviously unsubstantiated and legally not clarified. Imperial Decree 969 does not specify what the persons have done in order to qualify for the orders, but from what I understand, they include:

* causing mass immigration of Froyalaners from Stormark to Elwynn and Shireroth;

* a certain court case (Elwynn v Landsraad) where Elwynn (acting under its King) sued the Landsraad (represented by Fjǫrleif) to invalidate the decision of the Landsraad to veto an Imperial Decree – the Prætor, Fjǫrleif, agreed with the King, causing an uproar in the Landsraad and the Imperial Government, as she was not seen as representing the interests of the members of the Landsraad but rather her loyalty to her brother Noah. The case was dismissed after the issuance of 969 for the reason that the persons named in the suit (Noah and Fjǫrleif) were no longer citizens.

Under Imperial Decree 699, the deported persons could appeal the decision to the Judex, the decision of which would be binding on the Imperial Government. I have not seen an attempt at this, it's possible that it happened and I simply can't find it.

The legality of the deportation rests on a number of questions that are far better suited to a Shirerithian court:

* had Imperial Decree 699 been extended to the Imperial States?

* does Imperial Decree 699 refer to citizens, or aliens? Previous use of this decree has always only been for foreigners in Shireroth (spammers, Jingdaoese spies, etc.), never used for a citizen. But there is in the language of the decree, nothing that bars it being applicable on a citizen, sadly.

Now, I understand that the Imperial Advisory Council was not unanimous in this decision. In fact there was one vote against this, and the decision was taken while another member of the Imperial Advisory Council was absent. So I don't know how they came to this decision. In fact, had that member been present, I do not think they would have made such an extreme move.

Note that the children of Noah was not included as the Harald Demon nor listed for deportation. They remained nobles of Shireroth and in the line of succession until the annulment of their parents' marriage five years later.

With Noah having been declared a non-citizen (by being a demon, rather than a human), the throne automatically passed to his eldest child, in accordance with Elwynnese law, Vilhjálm. I understand that the Vilhjálm here is alleged not to be the real one, but for the purposes of explaining the legal situation, I will assume that the named Vilhjálm is the real Vilhjálm.

King Vilhjálm named a new Council of Eliria to advise him, replacing the previous Council of Eliria. The Elwynnese constitution was amended in the manner prescribed by it, and changed Elwynn from monarchy to elective principate (similar to the Elwynnese Republic today, except with the prince elected by the Senate instead of the people). Vilhjalm was named Prince in the transition however, and exercised these functions in accordance with the law. Later, the Elwynnese Republic was destroyed along with all other imperial states (replaced all by imperial dominions). This destruction was made in accordance with the Charter.

So from Shireroth's side, all was done legal. Where I see there is room for attack, however, is not the deportation order itself. It is possible that the individuals named are guilty of the crimes – we don't know – and that should have done in the Judex on the appeal of the named individuals. But it is the demonic nature of the Harald Entity. This is clearly a fabrication intended to smooth things over and remove the citizenship of the persons involved.

Because, had it not been a "Demon", then, even if deported, they would remain citizens (nobles, even, with all their titles and properties intact). Elwynn would probably have undergone a regency in light of the absence of its king, but the king would have the right to appeal the deportation order along with the other named individuals, and a trial would have been set.

So if Noah was not a demon, then he would be a citizen, and the assumption of King Vilhjalm would be illegal. However, it is possible that a regency would have had the powers of the king, especially as the king was undergoing trial for something as serious as named in the deportation decree, meaning that it is perfectly possible and possibly legal that Vilhjalm would have been named King in the end, in accordance with the law of Elwynn and Shireroth at the time.

In any case, later imperial decrees, however, confirmed the non-citizenship of the persons involved, which I understand is within the law of Shireroth to do so.

So I do not see much room, to be fair, to challenge the matter on legal grounds. Sure, you could say that it was illegal for reason 1, 2, 3 etc, but they would have been invalidated by other imperial decrees that later confirmed things in a manner more closely to the Charter and the law. Shireroth was at the time a deeply feudal state and the Kaiser held much more powers than today. As such, the Kaiser's words were law. Thank you, Your Honourable Judge."

"Thank you, Mr Craris", Judge Böhmer replied, "may I ask you a few questions?" Traeliorn Craris nods. “The issuance of imperial decree 969, does it comply with the then applicable legislation?”, the Judge asked. “The answer is yes. The Landsraad extended the Imperial Decree 699 to the Imperial States in 1627, 24 years before the issuance of imperial decree 969.” Traeliorn replied. "Could you respond to this answer, Mrs von Babenberch?", the Judge asked. “Yes, Your Honourable Judge, the fact is that Shireroth was a federation in which the Imperial Government and the Imperial States both had their own set of powers. The Imperial Government grants citizenship, but the Imperial States grant residency rights. Imperial States are also completely free to grant the right of residency to whoever they want.

As long as someone in accordance with the legislation of an Imperial State enjoys the right of residency in such an Imperial State, the Imperial Government cannot deport or ban such a person. If the Imperial Government does so, it oversteps its authority, because the Charter that was then in force did not give the Imperial Government the authority to deport persons with right of residency in an Imperial State.

And for clarity, citizenship is not required to enjoy the right of residence in an Imperial State. The system at that time was designed so that the Imperial States were protected from of abuse of power by the Imperial Government and also that such an Imperial State could function autonomously from the Imperial Government.

The deportation of Noah was therefore a gross and utterly disgraceful violation of Noah's right of residence in Elwynn and the autonomy of Elwynn. " Eva replied.

The Judge looked at Traeliorn, who reacted with: “The extension was made in accordance with the Charter. Whether we like it or not is another matter. The decree itself, 699, is actually word-for-word a decree that Harald wrote as Duke of Elwynn back in the days”.

The Judge proceeded: “Mr Craris, were the persons in question, who could be deported, able to protest in advance or afterwards against this imperial decree?” “No, as they were deemed demons. Demons have no rights”, Traeliorn replied. The Judge asked: “Because Decree 699 stipulates that one can appeal to the Imperial Judex. Is there a decree or resolution that shows that demons have no rights?” Traeliorn hesitated, but answered: “No. That is a good point.”

The Judge looked at Eve, she responded: "There was even an Imperial State called Malarboria that had a demon goddess, Kizzy Drakland, as reigning Queen. This was possible simply because demons were part of the culture of that Imperial State. Since an Imperial State under the then Charter had exclusive jurisdiction over its culture and administration, the Imperial Government could do nothing about it without acting ultra vires. Claiming that Noah is a demon is not only untrue, it is completely irrelevant because Elwynn decides who has rights in Elwynn".

The judge asked Traeliorn: “As you indicate, the grounds for the deportation are not specified. Is the imperial decree therefore legally sustainable?” Traeliorn answered: “I don't believe so, as decree 699 sets out the appeal process (i.e. the trial). So it's like the police arresting you, except other than being in jail, you're not allowed in until after the trial (if you're freed).” Immediately Eva reacted by saying: “That is of course useful if you want to remove someone. A coup.” "Order, order!" the Judge gavelled, "Mr. Craris?" “I think it's clear that the decree itself was abused by not letting the people have an appeals process.” Traeliorn replied.

The Judge asked Eva: "Is the extension of Decree 699 not legitimate as a result of the resolution?" Eva answered: “There is an unsound relationship between the extension of the jurisdiction of this decree through this resolution and the Charter. The Charter is pretty clear what the Imperial Government is about and what the Imperial States are about. But the Landsraad was allowed to adopt this resolution, although an adjustment of the Charter would have been better. This resolution therefore speaks of "blatantly absurd". Decree 969 is insufficiently substantiated and therefore "blatantly absurd".”

The Judge turned to Traeliorn and asked: “The unspecified intention, namely "mass immigration of Froyalaners", where is evidence of this?” Traeliorn answered: “The Elwynnese government had a target of the immigration of one million Storish/Froyalaners per year. Noah can attest to this.” But the Judge went on to ask: “Do you have proof of this? And if so, what's the problem?” Traeliorn replied: “it is something that was decided by the King on the advice of his advisers. Whether it is a problem or not is of course not a legal question – it was perfectly legal to have such immigration, but Noah's opponents disliked that immigration.”

The Judge looked briefly at his colleagues and asked: “Mr. Craris, the case "Elwynn vs. Landsraad" may have caused uproar then, but where does that show?” Traeliorn replied: “The case Elwynn vs Landsraad was a catalyst that made the IAC so angry with the Vanic regime in Elwynn that they fabricated charges which they legitimized under ID 699”.

“Mrs. Von Babenberch, we have now focused on Shirerian legislation. Is the deportation under Elwynnese legislation legally tenable? " Eva stands up and replied: “Under the Elwynnese constitution, the king can only be deposed by uninamous vote of the Council of Eliria. The then members were:
* Armin Jamal-Arminzadeh, Arandur of Cape Farewell;
* Audun Joel Ayreon-Kalirion, Count of Araxion;
* Fjǫrleif Llængjarla, Princess of Anun;
* Geirbjörg Gefialdrsdottir, Countess of Illumination and Cimmeria;
* Hallbjörn Haraldsson, Jarl of the Seven Ports;
* Thingfrith Skullsplitter, Count of Agnesia and Wintergleam.

This Council did not vote in accordance with Chapter IV, paragraph 4, of the Constitution of Elwynnese Union. However, it has been assumed that with the deportation decree, the king was deposed and the council became lame. This is a misconception, since the constitution does not stipulate this as a condition for the kingship. In addition, the Elwynns Straflov, the Penal Code of the Elwynnese Union. Which stipulates that “unlawfully seize the White Orchid Throne, or levies war against the Princely Government of Elwynn (…) shall be guilty of the crime of Treachery” With this, the matter is clear, as far as I'm concerned."

The Judge turned to Traeliorn and asked: “Although Noah was deported on the basis of imperial decree 969, was his citizenship a prerequisite for being king of Elwynn?” Traeliron replied: “Yes. To exercise authority of any degree in Shireroth required citizenship. Otherwise you would be a foreign usurper.” "How do you respond, Mrs. Von Babenberch?" So the Judge turned to Eve. "That Shirerithian citizenship is required to hold office in an Imperial State is factually incorrect. Imperial States, by virtue of their exclusive jurisdiction, decide for themselves who holds offices within their borders. This was designed so that they were not to depend on the whims of the Imperial Government with which most Imperial States were often barely on speaking terms. In other words, even if Noah loses his citizenship, he remains entitled to live in and govern Elwynn. The entire federal system in Shireroth was designed to deliver the Imperial States from the abuse of imperial power. Everything that's been done to Noah is illegal. It's not for nothing that the Livvists then introduced a new Charter pretty quickly." Eva replied.

The Judge said: "Thank you for your answers and your pleadings. I hereby adjourn the hearing and the tribunal will consider." The Judge is gavelling away. Everyone gets up, while the Judges leave the room to a secluded room, closing the doors for the deliberation.

After a few hours, the judges return to the room. Judge Böhmer gavelled and said: "This tribunal has reached a unanimous verdict, which reads as follows:

The Imperial Decree 969 is unlawful and invalid on the grounds that the deportation was carried out with the intention of a coup d'état in Elwynn. The basis for the deportation is not sufficiently substantiated. The designation of 'demon' is not tenable in view of the relationship between the Shireroth and Malarboria. In addition, the filing of an appeal was made impossible.

Not only as a result of this, but also on the basis of Elwynn's constitution at the time, the removal of King Noah from the White Orchid Throne is illegal. As the perpetrators themselves later indicated, this was also a coup d'état. This means that Thorstein Noah Hallbjörnsson Ayreon-Kalirion af Ettlingum Freyu is the legal, lawful and legitimate king of Elwynn. Any government that replaces his government is therefore illegal.

The perpetrators of the coup and those involved should be identified as traitors. They are:
* Heath Belledin
* Jeremy Harwinsson Archer
* Liv Dravot al-Osman
* Ryker Everstone

They should be deported under Imperial Decree 699, section 2, paragraph k, and all their decisions since the issue of Imperial Decree 969 should be considered invalid.

This means that the current Elwynese Republic is not founded on legal grounds. Therefore, this tribunal calls upon the present Elwynnese Republic to accept this verdict and recognize the true, legal and lawful king. This tribunal asks the king to act mercifully and graciously.

This is the verdict."

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