Unfree Persons Bill

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Kaiser Ayreon IV
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Re: Unfree Persons Bill

Post by Kaiser Ayreon IV »

My Lords

The Convention that Her Imperial Highness raises is not part of Shirerithian custom. Tie-breaking prætors have for many years voted according to their own consciences.

What I settled here is a precedent that binds myself in any vote I tie-breaking position.

I shall clarify how this is reflected in a number of votes:

Vote in favour of amending bills/resolutions
Voting against the adoption of bills/resolutions
Voting against motions to overrule an order

If Her Imperial Highness wishes to side-track debate on this bill with a vote to set aside this ruling, she may, but she will be aware that that pauses the debate until the ruling is either confirmed or set aside.
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Re: Unfree Persons Bill

Post by Mira Octavius-Aryani »

For reference, to see what this is changing and the context of the changes within the greater text, as well as what the amendment has taken out.
Rei Milharna wrote:F.2. Indentured servants and slaves brought by the foreigner into Shirekeep for the duration of the visit shall be taxed and be given the rank (11) and (12) respectively for the duration of their visit.

[...]

F.5. Foreigners who enter the Imperial Republic unlawfully become loyal subjects of the Kaiser.shall be deported to their homeland, or to the nearest amenable country, or to the Green, as appropriate, excepting applications for refugee or asylee status, which will be processed by the Steward, or in stead of the Steward, the appropriate minister or their deputy..

[...]

Section G: Loyal Subjects of the Kaiser

1. Denizens who by their free choice give unto a person of noble dignity of the Imperial Republic full rights to their body and labour and to the fruits of both body and labour enter into a feudal relationship with that noble to whom they have given the rights, and they shall be classed a Loyal Subject of the Kaiser. Such a relationship may by the Noble in question be terminated or transferred to another Noble, provided that for either option, 5 days notice is given to the loyal subject in question.

2. Loyal subjects of the Kaiser have the right from their noble of responsibility to receive appropriate clothing, food, drink and, on average, 9 hours of rest every day (including sleep). They shall not be physically injured unless they have disobeyed their noble of responsibility. Punishments inflicting injury shall be proportional to the disobediencephysically or emotionally injured or abused.

3. There is established the Imperial Ombudsman for the Loyal Subjects of the Kaiser to oversee the treatment of loyal subjects and prosecute any maltreatment. The Ombudsman is appointed by the Steward.

4. To honour the sacrifice made by the free will of a loyal subject, the Priest of the Fire of Victory, Atash Behram Der Bareber Sathrati, shall perform a rite of celebrating that sacrificial soul, and inscribe their name in a Scroll of Loyal Subjecthood including who their Noble of responsibility is. Upon termination (whereupon the subject enters into denizenship), birth, death or transfer of a loyal subject, the Scroll of Loyal Subjecthood shall accordingly be amended.

5. A woman, who is loyal subject of the Kaiser and who during her servitude give birth to a child, shall present to her noble of responsibility her child. The child shall too become a loyal subject of the Kaiser The children of Loyal Subjects will upon birth be denizens, though the noble responsible for their mother’s care shall share, with their biological parents, parental responsibility for them until their sixteenth birthday..

new 6. All outstanding children who were born into the status of Loyal Subject must choose on their sixteenth birthday, or upon the coming into force of this Act if at that point they would already be adults, whether to continue in that status or become a denizen. Any attempt to tamper with, falsify, influence, or coerce this decision, no matter how minor, is a crime against the Imperial Republic.

67. Loyal subjects of the Kaiser are ranked (11).

68. The noble of responsibility for the loyal subject is civilly responsible for the actions of the loyal subject.

new 9. Every five years after so becoming, a Loyal Subject of the Kaiser must choose whether to remain in that status or become a denizen or citizen, as commensurate with their pre-submission state. Any attempt to tamper with, falsify, influence, or coerce this decision, no matter how minor, is a crime against the Imperial Republic.

Section H: Community servant

1. A person who has committed a crime will upon sentencing have a choice between adhering to the court’s sentence or becoming the inalienable property of the Imperial Republic (“community servant”). The Court may also elect, instead of handing out the punishment prescribed by law, to make the offender become a community servant in the care of the Imperial Republic.

2. A child born to a community servant woman is a community servant in care of the care of the same noble of their mother.

3. Community servants may be transferred to the care of another noble. Community Servitude shall last for a term of ten years, and is transferable between nobles with the approval of the Imperial Government; after this term, the Community Servant is to be converted to a Loyal Subject of the Kaiser.

4. The careholder of a community servant is civilly and criminally responsible for the actions of the community servant. Aside from that, there exists no restriction to what the careholder may do with the community servant or order the community servant to do. Community Servants have the right from their noble of responsibility to receive appropriate clothing, food, drink and, on average, 6 hours of rest every day (including sleep).

5. The Kaiser may, upon the petition of the careholder of the community servant, elevate the community servant to loyal subject of the Kaiser. The Kaiser may, upon the petition of the noble responsible, cause a loyal subject of the Kaiser to become a community servant of the noble responsible if the Kaiser is satisfied that the loyal subject has a history of behaviour that warrants community servitude.

6. Community servant are ranked (12).

release of all outstanding children into Loyal Subjects at age 16 if they are not already at/beyond that age
Liv Dravot wrote:Section G: Loyal Subjects of the Kaiser

1. Denizens who by their free choice give unto a person of noble dignity of the Imperial Republic full rights to their body and labour and to the fruits of both body and labour enter into a feudal relationship with that noble to whom they have given the rights, and they shall be classed a Loyal Subject of the Kaiser. Such a relationship may by the Noble in question be terminated or transferred to another Noble, provided that for either option, 5 days notice is given to the loyal subject in question.

2. Loyal subjects of the Kaiser have the right from their noble of responsibility to receive appropriate clothing, food, drink and, on average, 9 hours of rest every day (including sleep). They shall not be physically injured unless they have disobeyed their noble of responsibility. Punishments inflicting injury shall be proportional to the disobedience.

3. There is established the Imperial Ombudsman for the Loyal Subjects of the Kaiser to oversee the treatment of loyal subjects and prosecute any maltreatment. The Ombudsman is appointed by the Steward.

4. To honour the sacrifice made by the free will of a loyal subject, the Priest of the Fire of Victory, Atash Behram Der Bareber Sathrati, shall perform a rite of celebrating that sacrificial soul, and inscribe their name in a Scroll of Loyal Subjecthood including who their Noble of responsibility is. Upon termination (whereupon the subject enters into denizenship), birth, death or transfer of a loyal subject, the Scroll of Loyal Subjecthood shall accordingly be amended.


5. A woman, who is loyal subject of the Kaiser and who during her servitude give birth to a child, shall present to her noble of responsibility her child. The child shall too become a loyal subject of the Kaiser. The children of Loyal Subjects will upon birth be denizens, though the noble responsible for their mother’s care shall share, with their biological parents, parental responsibility for them until their sixteenth birthday.

new 6. All outstanding children who were born into the status of Loyal Subject must choose on their sixteenth birthday, or upon the coming into force of this Act if at that point they would already be adults, whether to continue in that status or become a denizen. Any attempt to tamper with, falsify, influence, or coerce this decision, no matter how minor, is a crime against the Imperial Republic.

67. Loyal subjects of the Kaiser are ranked (11).

68. The noble of responsibility for the loyal subject is civilly responsible for the actions of the loyal subject.

new 9. Every five years after so becoming, a Loyal Subject of the Kaiser must choose whether to remain in that status or become a denizen or citizen, as commensurate with their pre-submission state. Any attempt to tamper with, falsify, influence, or coerce this decision, no matter how minor, is a crime against the Imperial Republic.

Section H: Community servant

1. A person who has committed a crime will upon sentencing have a choice between adhering to the court’s sentence or becoming the inalienable property of the Imperial Republic (“community servant”). The Court may also elect, instead of handing out the punishment prescribed by law, to make the offender become a community servant in the care of the Imperial Republic.

2. A child born to a community servant woman is a community servant in care of the care of the same noble of their mother.

3. Community servants may be transferred to the care of another noble. Community Servitude shall last for a term of ten years, and is transferable between nobles with the approval of the Imperial Government; after this term, the Community Servant is to be converted to a Loyal Subject of the Kaiser.

4. The careholder of a community servant is civilly and criminally responsible for the actions of the community servant. Aside from that, there exists no restriction to what the careholder may do with the community servant or order the community servant to do. Community Servants have the right from their noble of responsibility to receive appropriate clothing, food, drink and, on average, 6 hours of rest every day (including sleep).

5. The Kaiser may, upon the petition of the careholder of the community servant, elevate the community servant to loyal subject of the Kaiser. The Kaiser may, upon the petition of the noble responsible, cause a loyal subject of the Kaiser to become a community servant of the noble responsible if the Kaiser is satisfied that the loyal subject has a history of behaviour that warrants community servitude.

6. Community servant are ranked (12).

release of all outstanding children into Loyal Subjects at age 16 if they are not already at/beyond that age

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Re: Unfree Persons Bill

Post by Mira Octavius-Aryani »

Your Imperial Magnificence,

I wonder if it would be worthwhile to consider eliminating ownership of the body for Loyal Subjects. There is a contradiction of owning the body yet being told how to care for it.

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Re: Unfree Persons Bill

Post by Ryker »

Ownership and regulation are not mutually exclusive.
Last edited by Ryker on Wed Apr 25, 2018 1:12 am, edited 1 time in total.
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Re: Unfree Persons Bill

Post by Mira Octavius-Aryani »

Perhaps.

There is also an issue with an implicit compulsion of remaining a loyal subject. Let's say that a community servant births a child who is also a community servant. After finishing the term, they become a loyal subject while the child remains in its previous state. The mother may feel compelled to maintain loyal subjecthood in order to remain with the child.

The child should instead be confiscated to avoid guilting the mother.

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Re: Unfree Persons Bill

Post by Rei Milharna »

Your Imperial Magnificence

I should like to thank the Countess Palatine of Kezan for making plain the changes to the Lawbook that would be effected by this Bill.

However, I disagree with her proposal to confiscate the children of Community Servants — a class of person that I was quite remiss to overlook — and instead propose that minor children of a Community Servant convert in status when their parent's term ends. Alternatively, it could be argued that a child's term would end on their tenth birthday.

I, too, consider it worthwhile to contemplate eliminating ownership of the Loyal Subject's body.
Her Majesty Queen Áþamé Issèla Mari Vāstra of Firneramnen, Queen of Aňira, Archduchess of Alðai, Grand Duchess of Vatēmar, Princess of Shireroth, Lady of Kin'uyama and of Senkyōwan, Landgravine of the Vessāra Forest, Castellaness of the Bloodless Palace, Maid of Angarae, Grand Mistress of the Order of Itrāei, Lady of the Night Sky

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Re: Unfree Persons Bill

Post by Mira Octavius-Aryani »

Conversion of children with the parent would also resolve that conflict of interest, yes.

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Re: Unfree Persons Bill

Post by Continuator »

However, I disagree with her proposal to confiscate the children of Community Servants — a class of person that I was quite remiss to overlook — and instead propose that minor children of a Community Servant convert in status when their parent's term ends. Alternatively, it could be argued that a child's term would end on their tenth birthday.
If community servants are allowed to raise their children we run the risk that the cultural and moral defects which made these individuals bound over in the first place will be passed on to the next generation. We must always avoid ascribing universal rights heedless of particular circumstances.

It would be better for everyone if children born to a CS parent are declared wards of the state and raised to be either CS if Froyalanish / part-Froyalanish or denizens upon attaining the age of majority if non-Froyalanish.

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Re: Unfree Persons Bill

Post by Sprocket »

My Lords,

Is there any progress on the bill's text? Do you wish to make amendments to the bill text? Do you wish to do other things with the bill's text?
Tinker Sprocket
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Re: Unfree Persons Bill

Post by Mira Octavius-Aryani »

Lord Praetor, there seems to be disagreement on how to address the way in which children of intersect with their parents.

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Re: Unfree Persons Bill

Post by Sprocket »

My Lords,

I agree with the Steward. Until this matter has been resolved by an agreed amendment, there will be no vote.
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Re: Unfree Persons Bill

Post by Juana Beazcoetxea »

My Lord Prætor,

This whole affair makes a mockery of our Landsraad system. The bill, even as amended, does not go far enough to secure harmony, stability, and good order of our Imperial Republic.

I agree with the Lady Princess that ownership of fellow human beings is immoral and disgusting, but at the same time I recognize that the bill, even as amended, would create such ripples in our society that our financial stability would be threatened.

Accordingly I propose to amend the bill in complete so to read:
UNFREE PERSONS BILL

1. The Lawbook, Ch. 7, Ss G and H shall be amended according to the Schedule to this Act.

2. Upon enactment, the amendments shall ex post facto apply to all loyal subjects and community servants from the date of the commencement of their servitude.

3. This Act shall come into force thirty days after its passage into law.
Schedule wrote: Section G: Loyal Subjects of the Kaiser

1. Denizens who by their free choice give unto a person of noble dignity of the Imperial Republic full rights to their body and labour and to the fruits of both body and labour enter into a feudal relationship with that noble to whom they have given the rights, and they shall be classed a Loyal Subject of the Kaiser. Such a relationship may by the Noble in question be terminated or transferred to another Noble, provided that for either option, 5 days notice is given to the loyal subject in question. Upon contraction of such a feudal relationship, the feudal relationship shall last for fifteen years, unless the parties agree prior to the contraction that the relationship shall last a different period of time.

2. Loyal subjects of the Kaiser have the right from their noble of responsibility to receive appropriate clothing, food, drink and, on average, 9 hours of rest every day (including sleep). They shall not be physically injured unless they have disobeyed their noble of responsibility. Punishments inflicting injury shall be proportional to the disobedience.

3. There is established the Imperial Ombudsman for the Loyal Subjects of the Kaiser to oversee the treatment of loyal subjects and prosecute any maltreatment. The Ombudsman is appointed by the Steward.

4. To honour the sacrifice made by the free will of a loyal subject, the Priest of the Fire of Victory, Atash Behram Der Bareber Sathrati, shall perform a rite of celebrating that sacrificial soul, and inscribe their name in a Scroll of Loyal Subjecthood including who their Noble of responsibility is. Upon termination (whereupon the subject enters into denizenship), birth, death or transfer of a loyal subject, the Scroll of Loyal Subjecthood shall accordingly be amended.


5. A woman, who is loyal subject of the Kaiser and who during her servitude give birth to a child, shall present to her noble of responsibility her child. The child shall too become a loyal subject of the Kaiser until such time that the mother has terminated her feudal relationship or the child has reached fifteen years of age, whichever is sooner. During the time of care with a noble, the child shall be educated in accordance with the imperial curriculum of education so to prepare it with a life in denizenship.

6. Loyal subjects of the Kaiser are ranked (11).

6. The noble of responsibility for the loyal subject is civilly responsible for the actions of the loyal subject.


Section H: Community servant

1. A person who has committed a crime will upon sentencing have a choice between adhering to the court’s sentence or becoming the inalienable property of the Imperial Republic (“community servant”) a community servant for a period of three years per prison year of the sentencing. The Court may also elect, instead of handing out the punishment prescribed by law, to make the offender become a community servant in the care of the Imperial Republic under the same formula.

2. A child born to a community servant woman is a community servant in care of the care of the same noble of their mother until such time that the mother is released from community servitude or the child has reached the age of fifteen, whichever is sooner, upon which the child shall be released into denizenship.

3. Community servants may be transferred to the care of another noble.

4. The careholder of a community servant is civilly and criminally responsible for the actions of the community servant. Aside from that, there exists no restriction to what the careholder may do with the community servant or order the community servant to do.

5. The Kaiser may, upon the petition of the careholder of the community servant, elevate the community servant to loyal subject of the Kaiser. The Kaiser may, upon the petition of the noble responsible, cause a loyal subject of the Kaiser to become a community servant of the noble responsible if the Kaiser is satisfied that the loyal subject has a history of behaviour that warrants community servitude.

6. Community servant are ranked (12).
Juana Beazcoetxea, Lady Dragonmoor
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Re: Unfree Persons Bill

Post by Continuator »

Lord Prætor,

What guarantee will be placed into law to ensure that Froyalaners do not escape from the regime of necessary protection that has been erected around them by Imperial Decree through the artful interpretation of this proposed amendment?

Let us be clear - all progeny born from community servants must be declared wards of the state and raised apart from their mothers - partial Froyalaner females to be raised and educated to the degree necessary for service in the breeding farms and comfort stations protective work colonies, partial Froyalaner boys to go beneath the gelding knife at the earliest practicable moment. This process must be allowed to continue for generations hence so that the taint of Vanic and indeed daemonic corruption can be excised from their lineage.

In the name of all the gods - NO to emancipation. This is just the beginning of the slippery slope that will end with the abolition of the distinction between loyal subject and denizen, denizen and citizen, and the bestowal the sacred liberties of Imperial citizenship on any and all servile wretches, even foreigners with no business trespassing into this realm - all on account of a so-called shared humanity and the universality of sentience. This is the Reformist agenda and it must be resisted to the death!

I must also object to the proposed suspension of the regime of corporal punishment where Loyal Subjects are concerned. It is a necessary tool for discipline and conditioning and must not be forgone. Remember the old maxim: "Spare the rod, ruin the empire".

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Re: Unfree Persons Bill

Post by Juana Beazcoetxea »

Lord Prætor,

May I take the opportunity to refer the Imperial Mother to the amendment she herself drafted – which clearly emancipates community servants after ten years and loyal subjects after five?

So while at first she proposes these far-going liberalizations, and then, once I propose a hardening of the liberalizations, she then takes leave of her senses and shouts "no to emancipation", calling to total resistance to such agenda, even unto death.

Forgive me for asking, Lord Prætor, but what does the Imperial Mother actually support?
Juana Beazcoetxea, Lady Dragonmoor
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Re: Unfree Persons Bill

Post by Continuator »

Lord Praetor,

The amendment I proposed was to separate out the question of dealing with illegal immigrants from the question of community servants, without regard to the merits or lack thereof, of what remained. The bill that would have remained after my amendment would still require yet further amendment to deal with the evils contained therein.

For clarity I support the proposal of Lady Dragonmoor where it concerns non-Froyalanish community servants, who are in the unfortunate and invidious position of being associated with a mortal enemy of the Imperial Republic.

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Re: Unfree Persons Bill

Post by Juana Beazcoetxea »

Lord Prætor,

Shall we then add the following clause?

"7. Notwithstanding any part of this Section, community servants who are classed as Froyalanish under Imperial Decree 1017, as well as their offspring, hold their servitude for life."
Juana Beazcoetxea, Lady Dragonmoor
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Imperial Minister of the Exterior, Shireroth

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Re: Unfree Persons Bill

Post by Juana Beazcoetxea »

Lord Prætor

This also brings the question of Froyalaners who are not community servants, but who are loyal subjects, denizens or citizens. What about their statuses?
Juana Beazcoetxea, Lady Dragonmoor
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Re: Unfree Persons Bill

Post by Continuator »

Lord Prætor,

Are there any Froyalaners who match that description presently residing lawfully within the Imperial Republic? Even the former King of Elwynn humbled himself and now rejoices in being the servant of the King of Goldshire.
"7. Notwithstanding any part of this Section, community servants who are classed as Froyalanish under Imperial Decree 1017, as well as their offspring, hold their servitude for life."
This would be acceptable.

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Re: Unfree Persons Bill

Post by Rei Milharna »

I move that the Lady Dragonmoor's amendment be amended by replacing "three years" with "two years".
Her Majesty Queen Áþamé Issèla Mari Vāstra of Firneramnen, Queen of Aňira, Archduchess of Alðai, Grand Duchess of Vatēmar, Princess of Shireroth, Lady of Kin'uyama and of Senkyōwan, Landgravine of the Vessāra Forest, Castellaness of the Bloodless Palace, Maid of Angarae, Grand Mistress of the Order of Itrāei, Lady of the Night Sky

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Re: Unfree Persons Bill

Post by Juana Beazcoetxea »

Lord Prætor

I have amended my proposal by including the Froyalanish clause.

I hope this proposal is now acceptable to both the Imperial Mother and the Lady Rei, Princess of Shireroth, and that by their acceptance, we may not need to vote on the amendment but simply adopt the bill (as rendered with my amendment) by a voice vote, and bring an end to the question of unfree persons.

Furthermore, I would like to offer that Villy Esposito is not a community servant but a loyal subject. Lady Gafialdrsdottir remains a free citizen. I have no statistics – perhaps a census ought to be made.
UNFREE PERSONS BILL

1. The Lawbook, Ch. 7, Ss G and H shall be amended according to the Schedule to this Act.

2. Upon enactment, the amendments shall ex post facto apply to all loyal subjects and community servants from the date of the commencement of their servitude.

3. This Act shall come into force thirty days after its passage into law.
Schedule wrote: Section G: Loyal Subjects of the Kaiser

1. Denizens who by their free choice give unto a person of noble dignity of the Imperial Republic full rights to their body and labour and to the fruits of both body and labour enter into a feudal relationship with that noble to whom they have given the rights, and they shall be classed a Loyal Subject of the Kaiser. Such a relationship may by the Noble in question be terminated or transferred to another Noble, provided that for either option, 5 days notice is given to the loyal subject in question. Upon contraction of such a feudal relationship, the feudal relationship shall last for fifteen years, unless the parties agree prior to the contraction that the relationship shall last a different period of time.

2. Loyal subjects of the Kaiser have the right from their noble of responsibility to receive appropriate clothing, food, drink and, on average, 9 hours of rest every day (including sleep). They shall not be physically injured unless they have disobeyed their noble of responsibility. Punishments inflicting injury shall be proportional to the disobedience.

3. There is established the Imperial Ombudsman for the Loyal Subjects of the Kaiser to oversee the treatment of loyal subjects and prosecute any maltreatment. The Ombudsman is appointed by the Steward.

4. To honour the sacrifice made by the free will of a loyal subject, the Priest of the Fire of Victory, Atash Behram Der Bareber Sathrati, shall perform a rite of celebrating that sacrificial soul, and inscribe their name in a Scroll of Loyal Subjecthood including who their Noble of responsibility is. Upon termination (whereupon the subject enters into denizenship), birth, death or transfer of a loyal subject, the Scroll of Loyal Subjecthood shall accordingly be amended.


5. A woman, who is loyal subject of the Kaiser and who during her servitude give birth to a child, shall present to her noble of responsibility her child. The child shall too become a loyal subject of the Kaiser until such time that the mother has terminated her feudal relationship or the child has reached fifteen years of age, whichever is sooner. During the time of care with a noble, the child shall be educated in accordance with the imperial curriculum of education so to prepare it with a life in denizenship.

6. Loyal subjects of the Kaiser are ranked (11).

6. The noble of responsibility for the loyal subject is civilly responsible for the actions of the loyal subject.


Section H: Community servant

1. A person who has committed a crime will upon sentencing have a choice between adhering to the court’s sentence or becoming the inalienable property of the Imperial Republic (“community servant”) a community servant for a period of three years per prison year of the sentencing. The Court may also elect, instead of handing out the punishment prescribed by law, to make the offender become a community servant in the care of the Imperial Republic under the same formula.

2. A child born to a community servant woman is a community servant in care of the care of the same noble of their mother until such time that the mother is released from community servitude or the child has reached the age of fifteen, whichever is sooner, upon which the child shall be released into denizenship.

3. Community servants may be transferred to the care of another noble.

4. The careholder of a community servant is civilly and criminally responsible for the actions of the community servant. Aside from that, there exists no restriction to what the careholder may do with the community servant or order the community servant to do.

5. The Kaiser may, upon the petition of the careholder of the community servant, elevate the community servant to loyal subject of the Kaiser. The Kaiser may, upon the petition of the noble responsible, cause a loyal subject of the Kaiser to become a community servant of the noble responsible if the Kaiser is satisfied that the loyal subject has a history of behaviour that warrants community servitude.

6. Community servant are ranked (12).

7. Notwithstanding any part of this Section, community servants who are classed as Froyalanish under Imperial Decree 1017, as well as their offspring, hold their servitude for life.
Juana Beazcoetxea, Lady Dragonmoor
Lady of Kinnladehügel–Gakkotsuzuka
Imperial Minister of the Exterior, Shireroth

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