Articles of Governance & Association

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Articles of Governance & Association

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ARTICLES OF GOVERNANCE & ASSOCIATION FOR THE MARITIME FREE REPUBLIC


CHAPTER 1: ARTICLES OF GOVERNANCE

ARTICLE I: THE REPUBLIC
§1. The Maritime Free Republic is an international corporation of like minded mariners and traders brought together in free association by the pursuit of mutual interests. The Republic declared its full and complete independence following the vile crime of democide committed by the Government of Ergonia against its own people in the midst of an ongoing war with the Realm of Passo-Corum. The Free Republic comprises the vessels and crews pledged to its cause by signing the Articles of Association.
§2. The Free Republic is non-territorial although it may extend to include islands, islets, ports, harbours and their associated hinterland in the fullness of time. Any territory appropriated, acquired or extorted from the miserly landlubbers will remain the property of the crew that made the capture as their just plunder, less an appropriate share deducted for consideration of the Captain-General of the Maritime Free Republic and his government.
§3. The Anthem of the Free Republic is 'Ergonia, Twas Ever Thus' done in the style of a sea-shanty alternating with a lament.
§4. The Population of the Free Republic comprises of two groups:
§4.1. The Associates - those who belong to a crew who have signed the Articles of Association who enjoy liberty within the Free Republic.
§4.2. The Servile - those preserved for the utility of their labor.
§5. The Nominal Currency of the Republic is the Thaler. One Thaler equates in worth of one-hundred Guineas, one-thousand Shillings or ten-thousand Pence.
§5.1. Nominal Currency shall be used for reckoning the value of Plunder, Slaves, Goods and Services, Property and Letters of Credit which shall be the means of actual exchange.

ARTICLE II: THE ADMIRALTY
§1. The legislative, executive and judicial powers of the Free Republic are entrusted to the Admiralty without limitation.
§1.1. The Admiralty elects its members, known as Captains, from each ship's crew that has signed the Articles of Association, in a manner established by its own Rules of Procedure. Each person elected Captain shall make the solemn affirmation of membership of the Admiralty in the presence of the Captains before being afforded the rights of membership: 'I, NN, having been elected Captain of the Ship XYZ, solemnly promise and affirm that I will bear full allegiance and fealty to the Articles of Association and the Maritime Free Republic, and that I shall at all times do nothing that is injurious to the Associates, their rights and freedoms, and the Law.
§1.2. Only Associates may be inducted into the Admiralty.
§2 . Any Captain may at any time, by overt notice to the Admiralty, resign his commission and thereby forefit his place at the Admiralty.
§3. A Captain, who has not taken part in the work of the Admiralty for more than 30 days, automatically forfeits his commission and place at the Admiralty.
§4. The Captain-General, elected by the from its own membership, presides over the Admiralty. The term of office of the Captain-General shall be no longer than 90 days. He shall not vote in any division unless there is a tie.
§5. Captains cannot be held liable outside the Admiralty for any speeches, debates or votes cast in the Admiralty.
§6. The Admiralty shall normally meet in public. If the Admiralty so resolves, it may meet in private, provided that all measures passed by it are immediately released, and that within 180 days the full records must be released to the Associates.
§7. The Admiralty decides its own rules of procedure.
§8. The Admiralty may conduct investigations in relation to government and may demand the presence and testimony of witnesses and the production of records.
§9. The Admiralty shall safeguard the liberties, rights and freedoms of the Associates.
§10. The Admiralty may make a Black Spot Resoluation which is a decree in the form of directions or guidance in regards to any matter not expressly covered by law which the Government of the Free Republic, or any other public body, corporation or individual within the jurisdiction of the Free Republic, shall be bound to adhere to and implement as directed.

ARTICLE III: THE CAPTAIN-GENERAL
§1. The Captain-General has the right of promulgating to the people all acts of state and government. This gives the Captain-General the exclusive privilege of printing, at his own press, or at that of his grantees, all writs, ordinances, proclamations, and orders of council.
§2. The Captain-General shall serve as Head of Government for the Free Republic and shall reserve all government, fleet and church appointments made by statutory instrument, to his own prerogative. The Captain-General possesses Imperium, the power of decree in matters of military affairs, policing, foreign affairs, communications, census and statistics, immigration, border security, energy, asylum, naturalisation of foreigners or in other matters delegated to him by the Admiralty. These powers may be delegated by the Captain-General to Captains and must be so delegated before planned periods of leave. Agreements made by the Captain-General with foreign States and Powers must be ratified by the Admiralty to be valid under law. The Captain-General answers to the Admiralty, the Council and its members answer to the Captain-General.
§3. The Fleet of the Maritime Free Republic, comprising the Auxilliary Vessels, the Public Legions and the Revenue Service and excluding Crew in Free Association, shall owe full allegiance to the Captain-General who shall direct the defense of the Maritime Free Republic. The Captain-General has a duty to defend the culture, territory and liberty of the Republic against all enemies, foreign and domestic.
§4. The worship of the Unconquered Godhead (Sisera/Cato/Germania) is restored and re-established aboard all vessels of the Free Republic and its sphere of influence, where the exercise of the same has been interrupted, in order that it may be peaceably and freely exercised, without any trouble or hindrance; forbidding very expressly all persons, of whatsoever estate, quality, or condition, from troubling, molesting, or disturbing ecclesiastics in the celebration of divine service, in the enjoyment or collection of tithes, fruits, or revenues of their benefices, and all other rights and dues belonging to them; and that all those who during the troubles have taken possession of churches, houses, goods or revenues, belonging to the said ecclesiastics, shall surrender to them entire possession and peaceable enjoyment of such rights, liberties, and sureties as they had before they were deprived of them.
§5. The Captain-General shall, by the Grace of the Divinity, extend his protection unto the Church and its institutions and accepts the grace and favour bestowed by acclamation becoming Vicegerent of the Maritime Church.
§6. The Captain-General may, at his sole discretion, appoint most distinguished and trusted advisers (Councillors) to a private council which may in confidence render advice on the policy and appointments. The Captain-General may delegate powers to the Councillors. The workings of the Captain-General's Council are a state secret. At the end of each Captain-General's reign the records of the Captain-General's Council must be destroyed. Any person who divulges details of the meetings of the Captain-General's Council is immediately condemned to death in the following manner; the guilty person shall be taken, bound and gagged and placed into a sack along with a viper, a cockerel, a cat and a dog. The sack will then be sown up and Captains of the Admiralty will beat the miscreant for a period of time not exceeding thirty minutes. The sack, still containing the condemned party, will then be heaved into the ocean to await the judgement of the infernal gods below.
§7. Every three (Gregorian) months, commencing from the start of his reign, the Captain-General shall enumerate the total number of nationals and residents in the Republic and shall record their names and places of domicile. The Captain-General's Council may also record other statistics as it deems necessary. No one shall be compelled to provide information of the latter kind.
§8. The Captain-General may grant Associate rights to whomsoever signs the Articles of Association.
§8.1. Refusal may be given to any applicant whom the Captain-General deduces to be false, foresworn to another power or otherwise unreliable. An Associate who is falsely-sworn and discovered to be in league with a power at whom the Maritime Free Republic is engaged in beligerant activity, may be declared a Public Enemy and Traitor and executed by the method of being tied to an anchor and thrown from the side of a vessel into the ocean.
§9. The Captain-General is elected by the Admiralty by a plurality vote of the Senators present during a period of at least 72 hours. Should there be a tie, the presiding magistrate of the Admiralty shall have the casting vote.
§10. While desired that the election for a Captain-General takes place within the term of the incumbent office holder, it is recognized that this may not always be the case. In such circumstances the next most senior Captain by date of admission into the Admiralty, shall head a caretaker government. Such government shall only do the absolute necessary for the survival of the Free Republic and the continuation of government. It shall cease to hold power when the duly elected Captain-General assumes office.
§11. The Captain-General shall assume office by taking the solemn affirmation of office in the presence of the Admiralty: 'I, NN, having been elected Captain-General of the Maritime Free Republic, solemnly promise and affirm that I will bear full allegiance and fealty to Articles of Association and the Maritime Free Republic, and that I shall at all times do nothing that is injurious to the Associates, their rights and freedoms or the Law'.
§12. The term of office of the Captain-General shall be no longer than six (Gregorian) months. No Captain-General may serve more than two consecutive terms unless no other candidate is available.
§13. The Captain-General shall be deemed to have been removed from the office upon death, resignation from office, removal from office by the Admiralty or failure to assume office within 72 hours from election.
§14. The Captain-General may be removed from office by the Admiralty, following the passage of a motion of impeachment. Impeachment requires a two-thirds (2/3) majority in the Admiralty.
§15. The Captain-General enjoys full immunity from legal consequence for any and all of his actions during the tenure of his office saving the powers afforded to the Admiralty under §14 of this Article.

ARTICLE IV: PUBLIC DEFENSE
§1. The Public Defense of the Maritime Free Republic rests upon the Captains of Vessels bound by the Free-Association as directed by the Admiralty and upon the Captain-General as commander of the Public Forces.
§2. For Public Defense the Maritime Free Republic must abide by the Annunia+ Regulations.
§3. Each Captain must surrender of per 100,000 points allocation 75,000 points to the Public Defense. 25,000 shall remain to the Captain with which to equip his flagship and any additional auxilliary vessels and forces he may desire to maintain.
§4. The Captain-General must with the aggregate points pool create a balanced maritime and littoral warfare force (the Public Forces).
§5. The Public Forces must render aid to the civil power as required and provide for the defense of the Associates of the Maritime Free Republic wherever they may be. The Public Forces accordingly comprise:
§5.1. The Public Legions - brigade strength naval infantry and auxiliary combat services;
§5.2. The Revenue Service - light vessels for the taxing of foreign merchant ships and ports.

ARTICLE V: ASSOCIATES
§1. An Associate, having signed the Articles of Association, is entitled to the enjoyment and defense of life and liberty and pursuing and obtaining happiness and safety.
§2. No Associate may be held, either by law, tradition or other force, to serve any person or entity whatsoever as a slave or laborer. No Associate may, under the same provisions, have his freedom, independence or liberty suspended or terminated without cause.
§3. No Associate outside of his own ship may be condemned to death without the consent of the Captain-General. The right to life of a Associate is inviolable except in the case of Treason (§8.1 of Article III), the Disclosure of State Secrets (§6 of Article III) or the reduction of an Associate to Servile Status (§8 of Article VI).
§4. No Associate may be subjected to any torture, whether it be corporal or psychological, or to any degrading treatment under any circumstances, excepting the necessary demands of Ship's Discipline in times of War or Peril upon the High Seas.
§5. In memory of vanished Ergonia, all Associates can enjoy the freedom and right to engage in scientific research, educational activities, all according to law and the peaceful practice of correct religion (§4 of Article III).
§6. All Associates, being equal to one and another, have the freedom of conscience. They may believe what they will and express such views in a peaceful and considerate manner, subject to Ship's Discipline, and not to express them at all. No entity, individual or power, may compel an Associate to reveal his or her feelings on a matter, whether it be politics, religion or personal. The Admiralty and the Captain-General may, however, compel persons to reveal facts that are relevant to a the discovery of truth.
§7. An Associate has right to, without having to purchase it, recourse to the laws for all injuries and wrongs that he may have received in person, property or character. The Associate enjoys freedom to obtain right and justice freely in conformity with law.
§8. Whenever an Associate is accused or charged in accordance with law with an offence, the Associate has the right to be presumed innocent until he or she is proved guilty according to law in a trial that is public and impartial.
§9. All Associates, have the freedom of movement, subject ot Ship's Discipline, to choose their own Vessel, subject to the respect of law, and to go-ashore in any land that will receive them.

ARTICLE VI: THE SERVILE
§1. The Servile are inferior beings; although born of human form they lack the dignity of its condition, the quality of Humanitas. They are judged by the Guardians of the Republic, its Admiralty and the Captain-General, to be unworthy of citizenship, be it through a defect of character or some other form of physical or mental incapacitation. Their utility is in the labor they provide. They are preserved for that purpose and dispensed with when no longer fit for the function to which they have been assigned.
§1.1. Although not Servile, Hostages and other Persons Taken at Sea lack the means to support themselves except by the indulgence of the Free Republic. The debt for the lives they owe to the Free Republic is the Nexum Bond. The value of their life shall be assessed by the Captain who has taken them and a Nexum Bond set at that value plus an additional 10% which shall be the Manumission Fee. The Nexum Bond must be paid to the Captain in order for the Captain-General to issue a certificate of Manumission absolving the Hostage of his life debt and granting the restoration of civil liberties by marooning at the next encountered shore.
§2. The Captain-General has exclusive responsibility for all aspects of the life of the Servile Races.
§2.1. The Captain-General must establish a Labor Reserve for the benefit of the Free Republic consisting of the Servile Races and the Hostages. The persons assigned to the Labour Reserve are called the Servus publicus.
§2.2. The Captain-General must establish Breeding Farms, on any suitable island, atoll or converted prison-ship, for the generation of servile workers and for the export markets, Schools for the establishment of correct modes for thought and the imparting of essential skills, and Hospitals wherein defective creatures are subjected to necessary remedies.
§3. Labor Exchanges, as many as the Captain-General may indicate as are necessary, must be established in each Port, Habor, Ship or Submarine Tender of the Free Republic. The Captain-General shall release to the Labor Exchanges the available stock of servile workers for lease to the Corporations, Guilds and Households as may have need of them ensuring that the required specialisms are represented amongst the available stock.
§4. Private individuals may purchase Servus publicus who have been released to auction by the Captains with the consent of the Captain-General.
§5. The purchaser, having paid the agreed final price shall declare "HUNC EGO HOMINEM EX IURE QUIRITIUM MEUM ESSE AIO ISQUE MIHI EMPTUS ESTO HOC AERE AENEAQUE LIBRA" ("I affirm that this slave is mine according to quiritary right, and he is purchased by me with this piece of bronze and scales"). The servile creature shall then be his to use as he pleases.
§6. The abortion of a healthy child as a foetus in utero, prior to birth, is a crime and an abomination because it deprives society of an individuals unrealised potential and the state is denied the value of a worker's utility. A free-born mother who consents to the abortion of her child during the term of her pregnancy is deprived of her liberty and reduced to servile status. She becomes the property of the Republic and the Master of the Household of the Familia to which she belonged must pay a fine of 200 Thalers for the loss of the child. A servile mother who consents to an abortion is forfeit to the Republic, unless the Master of the Household consents to her public execution.
§6.1. Servile women acquired under this law are allocated to the State Breeding Farms.
§6.2. Any woman, unwilling to accept the burden of a child but mindful of the penalties for seeking a termination, may, upon the happy occasion of the birth of her child, sound and healthy, into the world, elect with the approval of her husband, partner or the approval of the Captaom of the Vessel to which she belongs , to declare her child to be a Ward of the State.
§6.3. Wards of the State, Orphans and other Foundlings, shall be assigned to the Schools maintained by the Praetor of the Servile Races - as necessary wet nurses from the Breeding Farms shall attend to their needs until they are of an age - to begin their education in public service. At the conclusion of their education the Wards of the State shall receive their Nexum Bond and be made subject to the Captain-General until the day of their death or their Manumission Fee is paid.
§7. The Free-Republic may, at its own discretion, impose a 2% transaction tax on the sale of a privately acquired servile creatures.
§8. It is a mortal crime to reduce to servile status an Associate of the Free Republic except in accordance with a judgement of the Admiralty.

ARTICLE VII: THE HUMAN SUPREMACY
§1. Humanity has established its dominion upon this world and as such has paramount power over all other creatures. Therefore the rights of the Natural Person, excepting the Servile, are defined and protected by law.
§1.1. A person or persons is, when cited in law, without exception a Human Being (Homo Sapiens) of independent agency whose actual existence has been attested and confirmed by the Captain-General upon the occasion of the grant of Associate Status. Such a person is a Natural Person entitled to full civic and human rights under law.
§1.2. A Natural Person is possessed of the qualities of Humanity and the dignity inherent in the Human Condition.
§1.3. Where attestation has not been made or is proven to be false upon investigation by the Admiralty, the Captain-General or other lawful agents of the Free Republic as may be appointed (the Authorities), the party that has either declined to attest, falsely sworn or else denied their Humanity shall have repudiated their right to be considered a Natural Person under Law.
§1.4. Only an attested Natural Person who has signed the Articles of Association may hold public office in the Free Republic.
§1.5. Nothing in this Act nor in law shall prevent or constrain the Natural Person from possessing and maintaining auxiliary personalities, personae, servitors or avatars save that these shall be notified to the Authorities and their particulars held in a register maintained by the Captain-General.
§1.5.1. Auxiliary personalities shall be deemed appendages to the Natural Person.
§1.5.2. Auxiliary personalities depicting entities other than a Person shall not attract penalties save that they may not be used to hold public office in the stead of the Natural Person who they are the appendage of.
§2. The existence of Unnatural Persons is not permitted.
§2.1. An Unnatural Person is an entity that has entered into correspondence with the Republic and, having applied for naturalisation, failed to provide an attestation to the satisfaction of the Authorities.
§2.2. The existence of an Unnatural Person is aberrant and must be rectified by the Authorities through the application of reason and the Rule of Law.
§2.3. To deny ones own Humanity is an offence. It shall carry the penalty of exclusion from the Free Republic for a period of one month. Repeat offences shall result the forfeiture of rights.
§3. Categorisation of an Entity Other than the Person (Natural or Unnatural) shall be undertaken at the direction of the Admiralty.
§3.1. On application to the Admiralty the Authorities may petition for the categorisation of the entity in a form other than the Person. These alternatives include:
§3.1.1. Animal;
§3.1.2. Corporate;
§3.1.3. Alien.
§3.2. An entity defined as Animal is confirmed in the right to life and the reasonable expectation of freedom from cruel usage, except where the needs of a Natural Person for survival or nourishment permits killing or cruel treatment, provided that the cruelty is minimised.
§3.3. A Corporate entity is formed by a business corporation or other appropriate organisation – its rights and responsibilities shall be defined separately under law. A Corporate entity is not entitled to civic rights accorded to a Natural Person.
§3.4. An Alien is an entity of non-Human and or extraterrestrial origin. Although sentient it is not possessed of the Human Condition and cannot be considered a Natural Person under law. It is an offence to treat an Alien as a Natural Person which shall carry the penalty of a fine of not less than Five Hundred Thalers to the offending party.
§3.4.1. Aliens are fundamentally injurious to the health and well being of Natural Persons. Any Alien encountered by the Free Republic is to be immediately executed upon the determination of non-human origin.
§4. The whereabouts of a Natural Person detained for official purposes must always be accounted for by the Authorities. This right is called Habeas Corpus.
§4.1. The Writ Habeas corpus ad subjiciendum when served by a competent authority must be observed and adhered to by all parties in receipt of it when within the boundaries of the Republic.
§4.2. That whensoever any person or persons shall bring any habeas corpus directed unto any Captain or other person whatsoever, for any person in his or their custody, and the said writ shall be served upon the said officer, or left at the gaol or prison with any of the under-officers, under-keepers or deputy of the said officers or keepers, that the said officer or officers, his or their under-officers, under-keepers or deputies, shall within three days after the service thereof as aforesaid (unless the commitment aforesaid were for treason or felony, plainly and specially expressed in the warrant of commitment) upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the judge or court that awarded the same, and endorsed upon the said writ and upon security given by his own bond to pay the charges of carrying back the prisoner, if he shall be remanded by the court or judge to which he shall be brought according to the true intent of this present act, and that he will not make any escape by the way, make return of such writ;
§4.2.1 and bring or cause to be brought the body of the party so committed or restrained, unto or before the Count for the time being, or the judges of the said court from which the said writ shall issue, or unto and before such other person or persons before whom the said writ is made returnable, according to the command thereof;
§4.2.2. and shall then likewise certify the true causes of his detainer or imprisonment.


CHAPTER 2: ARTICLES OF ASSOCIATION

ARTICLE VIII: FREE ASSOCIATION
§1. A person wishing to enter into Free Association with the Maritime Free Republic affirms:
§1.1. That he is a Natural Person;
§1.2. That he is not Servile;
§1.3. That he is not in league with any power or entity with which the Maritime Free Republic is in conflict;
§1.4. That he accepts Ship's Discipline;
§1.5. That he will abide by the Ship's Articles;
§1.6. And that he gives a truthful account of his own particulars.
§2. The Affirmation therefore takes the following form:
§2.1. 'I, NN, being of sound body and mind affirm that I am and always have been, a Natural Person enjoying the full dignity of the Human Condition, I affirm that I have never known the indiginity of servile status nor have I been a slave or indentured servant to any man. I have no association with, nor loyalty to, any foe of the Maritime Free Republic. I accept the discipline that I may be subject to at the command of my Captain or the Captain-General in times of War or Peril upon the High Seas and I finally affirm that I shall abide at all times by the Ship's Articles for the whole time that I may be aboard. May Cato burn me upon the ocean if I have sworn false in any regard.'
§3. The Ship's Articles may vary at the discretion of the Captain but are expected to follow this template:

I. That every man shall obey his commander in all respects, as if the ship was his own, and as if he received monthly wages.

II. That no man shall give, or dispose of, the ship's provisions; but every one shall have an equal share.

III. That no man shall open, or declare to any person or persons, who they are, or what designs they are upon; and any persons so offending shall be punished with immediate death.

IV. That no man shall go on shore till the the Captain gives Leave.

V. That every man shall keep his watch night and day; and at the hour of eight in the evening every one shall retire from gaming and drinking, in order to attend his respective station.

VI. Every person who shall offend against any of these articles shall be punished with death, or in such other manner as the ship's company shall think proper.
§4. The Truthful Account of Particulars Given must include the following:
Name:
Age:
Ship's Name:
Ship's Captain: (if different to the applicant)
Contact: (PM/Email/IM)
Species:
Free or Servile:
[/justify]
Walter Poldark
Captain-General of the Maritime Free Republic [Jingdao]
Reputable Licensed Trader

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