Imperial Republic v. Scott of Hyperborea

[Malliki Tosha]

Your Honor,

I hereby charge Mr. Scott with the crime of Treason.

Hyperborea and Yardistan are also no longer subdivisions of Shireroth subject to Shirerithian Law, and therefore their use of the forum should be treated as equivalent to that of a Nelagan or Antican.

I turn your attention to the following section of the LawBook:

F: Treason

1. Acts of Treason include but are not restricted to the following:
a. Any act of secession from the lands of Shireroth as a whole.

There is a difference between rebelling to overthrow a Duke or a Kaiser and seceding from Shireroth. I suggest that by stating that Hyperborea is no longer a subdivision of Shireroth, Mr. Scott have committed "any act of secession" and is therefore guilty of Treason.

[Leo Fenrir]

This case is accepted before the court. You will be tried by a panel of peers who will consists of a carefully selected group of Wintergleamians who are in no way shape or form here under duress or blackmail.

The defendants, Scott of Hyperborea, being the sole representative of Hyperboreais asked to either plea 'Guilt' or 'Not Guilty' within the next 72 hours.

I would like to remind all parties that they have the right to hire a lawyer if they so please, and that only evidence and comments pertaining to the secessionary nature of the Hyperborean rebellion may be presented to the court. A witness may be asked to speak before the court. This said witness must also be ready for a cross examination period should the defending party so wish.

Any party found in contempt of this court will be immediately thrown out, no questions asked.

In my court things go my way so tough.

annnnd GO!

[Malliki Tosha]

Your Honor,

my charges are brought against Mr. Scott alone, not Lord Yardistan.

[Leo Fenrir]

c. Duchies may not create any manner of alliance with other subdivisions that are not their subordinate.

The wording of this law does not allow for sole culpability to be placed on the County. Both Duchy and Subdivision are at fault. Any charges brought against one will inevitably fall on the next. At a stretch the wording allows for sole culpability to be placed on the Duchy, but this will not help your cause.

Therefor, a case of this nature will involve both parties.

[Scott of Hyperborea]

Your honor, I am, in fact, innocent. However, rather than bother to prove my case, I wish to remind the court that Hyperborea has the right to secede legally, any time it wants. Therefore, I ask you to dismiss the case on the grounds that, even if the plaintiff were correct, which he is not, no illegal act would be involved.

[Malliki Tosha]

Your Honor,

with all due respect, this case has nothing to do with the alliance between Hyperborea and Yardistan. This is a charge of treason against Mr. Scott. Please keep the issues separate. I also request that Mr. Scott present some evidence to his claim. A trivia game is not evidence.

[Leo Fenrir]

My apologies Duke Tosha, I misinterpreted your intentions.

Count Hyperborea, please offer legal evidence of this claim.

[Scott of Hyperborea]

Your honor, when Hyperborea joined Shireroth in 2001, it was with the condition that it could legally secede at any time. The treaty that stated this doesn't seem to be extant (probably destroyed in one of the terrorist attacks of 2002), but Erik remembers.

Duke Tosha, if you think Count Metzler was lying on that trivia thread, and that I'm lying now, you're welcome to demand that both of us get on the stand and testify under oath. You could even drag in Dukes Rahikkala and Steffke and anyone else from that time period you could find. But you'd be wasting the court's time, and you'd end up with egg on your face.

[Leo Fenrir]

Count Hyperborea, having Lord Erik testify as a witness would be considered legal evidence. Until such a time, this evidence is not valid.

[Scott of Hyperborea]

The only other reference I can find is this thread from 2005, where I tell Ryan:

As for Hyperborea, I would be very upset if someone tried to take it away from me, which is why I've never given it to any other country without it being very clear that I am permitted to secede whenever I wish. Thus far I've never taken advantage of that permission, but if it's ever necessary, I will. This agreement was negotiated between Erik and I, and I consider it still in effect, just as I said above that if you can produce evidence that there was an agreement between you and some Kaiser regarding Automatica, I would consider it still in effect.

I submit that either this is a very complex plot that has been going on for five years involving both myself and Erik, or I am telling the truth.

[Malliki Tosha]

Your Honor,

I request that Mr. Scott be instructed to maintain a proper decorum in this court. I also suggest that it is not I that should present witnesses to prove that such a treaty does not exist, but that Mr. Scott should present those witnesses to prove that such a treaty does exist. I would even consider that to be a basic rule of jurisprudence. The person that claims a fact shall prove it.

[Scott of Hyperborea]

Duke Tosha, the judge specifically requested I give him evidence, which I have provided. Your comment is out of order. It is the job of the Arbiter to determine what evidence which side does and does not have to provide, not your own. Please limit yourself to comments befitting a prosecutor and don't try to tell the Arbiter how he should be conducting his job.

In order to prevent this thread from degenerating into an argument, I will not speak further until specifically instructed to do so by the Arbiter.

[Malliki Tosha]

Your Honor,

I would suggest that Mr. Scott re-reads my latest post, since he seems to have skipped certain parts of it. I do not tell the honorable Arbiter what to do, I request and suggest. I also disagree with Mr. Scott's interpretation of my post. If I am incorrect, and that I should therefore prove that something does not exist, I humbly ask for Mr. Scott's guidance in that since I have always thought that such a feat is impossible.

Finally, I merely wish to point out to Mr. Scott that he probably should refrain from declaring my post "out of order" since that is telling the Arbiter "how he should be conducting his job". I would also be very grateful if he did not tell me how to conduct my job as well.

[steal]

Treason is, in my opinion, one of the worst crimes. Come with clear evidence that the pig Mr.Scott committed this crime and pelt him. Do not let him go unpunished.

Eat him up.

[Erik Mortis]

Sorry if I'm out of place posting. But I figured I would shed some light on this situation as a legal and historical expert on this matter.

By the treaty of annexation that was created when Hyperborea joined the empire, under the rule of one of my "ancestors", it was with the understanding that if Hyperborea could leave at any time to form an independent nation. This was a condition and requirement for their joining. Though I'm not pleased to see it invoked in this manner. Mr. Alexander is correct in his statement. Hyperborea is indeed the ONLY subdivision of Shireroth permitted to secede unilaterally without consequence. If this was not true, this case would be able to proceed against my esteemed colleague. Unfortunately, due to many, many data-losses, wars, moves and other events over the years, there is no longer any written record of this agreement, the original records having long been lost.

Should Hyperborea be punished for their secession we as a nation would be in violation of treaty. I'm sorry I have nothing further then my honorable word on the matter as a historical expert and the one who signed the treaty.

(Scott... why'd you have to pull the secession card??? Seriously. )

[Leo Fenrir]

Lord Mortis your testimony has been noted. I would ask that you be ready to speak again before the court should Scott require this testimony in the current case.