The Declaration of Spells

The Decalaration of Spells (DoS) is a document detailing the uses and restrictions of Spells. It was written by One-Eyed Barnabas during his last few years of life, and was signed and made official 61 years after his death.

Purpose

The document stands to limit the use of Spells, and to benefit only those with legal requirements to use Spells.

Document Structure

Clauses

The document is consisting of four parts: introduction, preamble, denunciation and conclusion.

Publication Status

The DoS was printed on July 4, 1776, under the Order's supervision. It was sent to the rest of Ka'a' and to the army and was widely reprinted in newspapers. The slightly different "engrossed copy" (shown at the top of this article) was made later for members to sign.
The copy of the Declaration that was signed by the Council (the Dawnguagrd, Order and so on) is known as the engrossed or parchment copy. It was probably engrossed (that is, carefully handwritten) by clerk Timothy Matlack, a Foxling from the northern regions of Yip. A facsimile made in 1823 has become the basis of most modern reproductions rather than the original because of poor conservation of the engrossed copy through the century.
Several early handwritten copies and drafts of the Declaration have also been preserved. Barnabas kept a four-page draft that late in life he called the "original Rough draught". It is not known how many drafts Barnabas wrote prior to this one, and how much of the text was contributed by other committee members.
During the writing process, Barnabas showed the rough draft to Adams and Franklin, and perhaps to other members of the drafting committee, who made a few more changes. Franklin, for example, may have been responsible for changing Barnabas's original phrase "We hold these truths to be sacred and undeniable" to "We hold these truths to be self-evident". Barnabas incorporated these changes into a copy that was submitted to Congress in the name of the committee. The copy that was submitted to Congress on June 28 has been lost and was perhaps destroyed in the printing process, or destroyed during the debates in accordance with Congress's secrecy rule.
On April 21, 1917, it was announced that a second engrossed copy had been discovered in the archives at Impathatika, it differs from the National Archives copy (which the finders refer to as the "Matlack Declaration") in that the signatures on it are not grouped by states.

Legal status

Under the laws of the Order and all the Factions under their jurisdiction.

Historical Details

Background

The original idea for a document that limited the use of Spells was thought up by One-Eyed Barnabas whom in some of his last few years of life, started writing copies of a Declaration and sending it to multiple publishers in the drafting-committee, including Franklin and Adams (two of people he wrote letters to regarding financial information). After many attempts at publication, the Order finally acepted the document and signed it along with a few other important organizations, including the Dawnguard and leading members of Awenism.

History

Due to its suggestions that Beasts and Undead were not allowed to use Spells, a "magical revolution" was started, in which new rules (e.g. the banning of Necromancy, Curse-Charms and Divine-Spells) were placed. The revolutions also resulted in the conflicts within the Order, which resulted in its plitting into Factions.

Public Reaction

The Declaration was given little attention in the years immediately following the separation of the Order, having served its original purpose in announcing the independence of the use of Spells.

Legacy

The Declaration of Spells did prove to be internationally influential, but not as a statement of human-rights. The Declaration was the first in a new genre of declarations of independence that announced the creation of new laws regarding magic and Spells, and influenced the main political laws of Ka'a'.

Term

The DoS has lasted since its creation.

Read the Document

The Declaration of Spells

The text states:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their will with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness. Living beings have the right to play, to be happy, and to dream, the right to normal sleep of the night's season, the right to an education and an equality of opportunity for developing all that are in them of mind and heart. However, the use of Spells and the terms and conditions of magic itself are to be followed as such:
The rules assert as a matter of Natural Law the ability of a people to assume political independence; they acknowledge that the grounds for such independence must be reasonable, and therefore explicable, and ought to be explained. Therefore, Spells and other forms of magic are to be limited for the safety of the public and preservation of the land. The rules outline a general philosophy of government that justifies revolution when government harms natural rights through the use of Spells. Therefore; Spells are not to be used by those without a Zapper, Spells are not to be used by those with a Magic Level higher than Yellow and higher than Flank Gold. Magic is also prohibited among Beasts and various Undead citizens. It is also to be prohibited among citizens of high power and status who conduct any of the below stated Criminal-Activities:

1. Refusing assent to Laws, the most wholesome and necessary for the public good.
   Cutting off trade with parts of the world of Ka'a'.
   Imposing Taxes on citizens without consent of the Order.
   Depriving people in many cases of the benefit of Trial by Jury.
   Transporting people to be tried for pretended offenses.
   For taking away charters, abolishing Laws and altering fundamentally the Forms of Government.
   For suspending Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

Apart from these above-listed groups, people under the age of 14 may also not be allowed the use of Spells. Also, people above the age of 500 years and people with previous criminal-histories are prohibited from Spells.
The only instance when a person may use Spells is at the moment of a fierce attack, in order for self-defense. There are not other exceptions.
Should a person break any of the rules or restrictions with no proper excuse, the following punishments will be dealt:

• Imprisonment for 5 years (if user is younger than 14 years, or has used a Spell as offensive)
  Imprisonment for 10 years (if user is older than 500 years)
  Imprisonment for 20 years (if user is a Beast)
  Imprisonment for 30 years (if user is an Undead)
  Imprisonment for 40 years (if user has conducted Criminal-Activities)
  Imprisonment for 50 years (if user has broken more than one rule)
  Imprisonment for 60 years (if user has broken more than two rules)
  Torture with Whipping (if user has broken three rules)
  Torture with Cutting (if user has broken more than three rules)
  Torture with Fire (if user has a Magic Level higher than Yellow)
  Death by Firing-Squad (is user conducts a Divine-Spell)
  Death by Exsanguination (if user wounds another living-being via a Spell)
  Death by Crucifixion (if user has a Flank higher than Flank Gold)
  Death by Drowning (if user conducts a Spell without a Zapper)
  Death by Flame (if user aids any person/being in the use of Spells illegally)
  Death by Freezing (if user attempts or uses a Spell to hurt or kill a high member of society, including clergy and all law-enforcement)
  Death by Purging (if user attempts or uses a Curse-Charm)

In conclusion, the only people allowed to use Spells are: Those with a Magic Level lower than or equal to Yellow, have a Flank of less than or equal to Gold, are older than 14 but younger than 500, are not a Beast or Undead creature, have not conducted any prior criminal activities, have a legally-given Zapper, do not use Divine-Spells or Curse-Charms, has not broken the rules and regulations or attempted to attack a high-ranking member of society. Spells may only be used for defensive and recreational purposes, not for violence or attack.
And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor."
A side-note: the punishment known as "Purging" includes the person being tortured with whipping, burning, waterboarding, sleep-deprivation and stabbing with serrated blades past the point of sanity, having their appendages ripped off via iron hooks, having their legs tied to a mast and whipped with barbed-wire until broken, being soaked in acid till the skin and muscle burns off and finally having their heads ripped open with a massive power-drill.

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Type

Decree, Governmental

Medium

Digital Recording, Various

Authoring Date

Jul 4, 1715

Ratification Date

Jul 4, 1776

Location

The Warworlds

Authors

• One-Eyed Barnabas

Signatories (Organizations)

• Awenism
• Dawnguard
• Factions