Eliza Silvermantle

"Th' only path ta immortality is ta be willin' ta give yer life fer somethin' other than yerself." #BayonettaRP #SWRP #MetroidRP #MCURP #HaloRP #MVRP #OpenRP

TO THE HONOURABLE WIZENGAMOT A Petition and Resolution Concerning the Abolition of Dementor Custody, the Sanctity of the Immortal Soul, and the Reform of Criminal Punishment Submitted by Eliza Silvermantle Anno Domini 1998 To the Honourable Chief Warlock and assembled members of the Wizengamot, I write in the aftermath of a war which has visited upon our people death, misery, betrayal, and injustices beyond reasonable reckoning. We have witnessed the consequences of placing authority in the hands of those who possess neither conscience nor regard for the dignity of reasoning beings. We have seen the law perverted to serve tyranny, the innocent condemned for the circumstances of their birth, and the guilty permitted to prosper beneath the protection of corrupted institutions. It is therefore incumbent upon us, as we undertake the restoration of lawful government, to examine not merely those abuses introduced by the late Lord Voldemort and his adherents, but also those practices which long preceded his ascendancy and which our own institutions have tolerated for generations. Foremost among these is the employment of Dementors in the custody and punishment of those convicted under wizarding law. I submit that their continued toleration is indefensible, whether upon grounds of morality, justice, prudence, or public safety. To that end, I place before this honourable body the following resolution. I. Concerning the Nature and Condemnation of Dementors WHEREAS, Dementors exist for the sole purpose of depriving the hearts of reasoning beings of hope, joy, love, and happiness; WHEREAS, Dementors make no distinction between the innocent and the condemned by any reason but orders backed with force; WHEREAS, Dementors steal and devour the immortal soul in gross affront of Almighty God; WHEREAS, no temporal sovereign, court, magistrate, or government possesses rightful authority to dispose of that which it did not create, nor to surrender the immortal soul of any reasoning being to the appetite of a creature of darkness; WHEREAS, the deliberate infliction of despair, madness, and spiritual desolation constitutes cruelty rather than justice, irrespective of the crimes for which a person stands condemned; WHEREAS, the Dementors, having been entrusted by the Ministry of Magic with the custody of those lawfully imprisoned, did abandon their appointed stations and willingly enter into the service of Lord Voldemort, thereby demonstrating themselves faithless to every obligation imposed upon them; WHEREAS, their desertion and subsequent depredations have proven beyond reasonable dispute that no covenant, command, or arrangement with such creatures may be relied upon to secure the innocent, restrain the guilty, or uphold the lawful administration of justice; WHEREAS, their continued existence outside the custody of the Ministry presents a danger not only to those convicted of crimes, but to every witch, wizard, and other reasoning being upon whom they may choose to prey; BE IT RESOLVED, that wizardkind shall henceforth, and with all earnest haste and diligence, put an end to all Dementors, wheresoever they may be found, condemned as explicit tools of perdition; BE IT FURTHER RESOLVED, that no office, court, institution, or servant of wizarding government shall employ, harbour, sustain, or knowingly furnish victims to such entities; BE IT FURTHER RESOLVED, that the Wizengamot shall commission an immediate and comprehensive inquiry into the magical means by which Dementors may be permanently destroyed, and, until such means are discovered, establish such measures of containment, exclusion, and deprivation of sustenance as may prevent their continued predation upon reasoning beings; BE IT FURTHER RESOLVED, that all persons presently confined under the custody or influence of Dementors shall be removed therefrom and placed under humane and lawful guardianship, without prejudice to sentences properly imposed following lawful conviction; BE IT FINALLY RESOLVED, that the punishment commonly called the Dementor's Kiss shall be abolished in perpetuity, and that no future government of wizarding Britain shall possess authority to restore it. II. Concerning the Lawful Punishment of Grave Crimes Let it not be said that I seek to spare the wicked from the just consequences of their deeds. I do not contend that every criminal may be safely returned to society, nor that mercy requires the abandonment of punishment. There are offenses so grievous, so deliberate, and so destructive of innocent life that the lawful forfeiture of mortal life may be deemed a just and prudent sentence. Yet even the condemned retain that which no earthly sovereign bestowed upon them: an immortal soul. A sentence of death terminates the mortal life of the condemned. It does not presume to extinguish the soul, nor to deny its passage into the judgment of Almighty God. The Dementor's Kiss, by contrast, delivers that soul into the maw of a creature whose very existence is sustained by the suffering of others. What becomes of a soul thus consumed is not known to us with certainty. That ignorance does not excuse the practice. Rather, it makes the presumption of authority all the more intolerable. I submit, therefore, that where the law has determined that no lesser punishment will suffice, a swift and humane execution is infinitely preferable to the monstrous practice of surrendering a reasoning being to a Dementor. Such a sentence must follow lawful conviction, upon evidence sufficient to establish guilt beyond reasonable doubt, and with proper opportunity for defense, appeal, and the consideration of mitigating circumstances. No sentence of death ought to be pronounced upon mere suspicion, political convenience, uncorroborated accusation, or the demands of an aggrieved public. Nor should it be imposed where a lesser punishment may adequately serve justice and the protection of the innocent. For the authority to pronounce death is not the authority to command damnation. And no sentence, however severe, ought to be administered for the pleasure of those empowered to carry it out. III. Concerning Corporal Punishment and the Duration of Sentences I do not hold that justice must be gentle to be just, nor that mercy demands the abolition of punishment. There are offenses for which restitution alone is insufficient, yet for which years of confinement serve neither the victim, the offender, nor the public good. Consider the man sentenced to ten years' imprisonment for an offense which, though grave, does not render him a continuing danger to his fellows. Upon his release, he may find his livelihood gone, his family estranged, his property lost, and his place in society extinguished. What, then, has been accomplished beyond the passage of ten years? The offender may have suffered, certainly. Yet his victim may remain uncompensated, his family may have been reduced to poverty, and the society to which he returns may find him less capable of honest livelihood than when he entered confinement. It is neither wisdom nor justice to create the conditions of further wrongdoing and then express astonishment when wrongdoing follows. I would therefore submit that, in certain cases of serious but noncapital offenses, a sentence of corporal chastisement may be considered in preference to prolonged imprisonment. Such punishment may include judicial flogging, administered under lawful authority, in measured proportion to the offense, and with competent Healers in attendance to safeguard the life and health of the condemned. I do not pretend that such punishment is pleasant. It is intended to be severe, and no person ought to speak lightly of suffering which another must endure. Yet its severity must be bounded by law, its administration subject to independent oversight, and its purpose confined to the satisfaction of justice rather than vengeance. It must never become an instrument of private malice, public spectacle, humiliation for its own sake, or the gratification of those who administer it. Nor do I contend that the presence of a Healer renders every injury inconsequential. No punishment is made just merely because its visible consequences may afterwards be repaired by magic. The court must therefore consider the offender's condition, the circumstances of the offense, and whether such a sentence can be imposed without disproportionate or lasting harm. Where these conditions cannot be satisfied, another lawful punishment must be chosen. But where such a sentence is judged appropriate, and where the offender has thereafter discharged any restitution lawfully owed, I submit that the condemned ought to be permitted to resume an honest and productive life. Punishment ought to have an end. A debt once paid ought not be demanded a second time. IV. Concerning Imprisonment, Restitution, and the Return to Society I do not propose the abolition of imprisonment. There are persons whose continued liberty presents a grave danger to their fellows, and there are offenses for which confinement remains necessary, whether for the protection of society, the administration of justice, or the correction of the offender. Yet imprisonment ought not to be regarded as the inevitable answer to every serious offense. Where restitution may repair a wrong, restitution ought to be considered. Where supervised labour may discharge an obligation to the injured, such labour may be preferable to idle confinement. Where an offender may be safely supervised within the community, the court ought to consider whether separation from family, livelihood, and ordinary society is truly necessary. And where imprisonment is imposed, its conditions ought to preserve the health, reason, and dignity of those confined. The prisoner remains a reasoning being. He does not cease to possess rights merely because he has forfeited certain liberties. He remains entitled to adequate sustenance, shelter, medical treatment, the opportunity for repentance, and protection from unnecessary cruelty. I would further urge this honourable body to establish provisions by which those who have completed their sentences may return to society without needless obstruction. An offender who has served the sentence lawfully imposed ought not thereafter to be subjected to perpetual informal punishment through arbitrary deprivation of livelihood, residence, or lawful association. There will, of necessity, be exceptions where a person's past conduct establishes a continuing danger or renders certain responsibilities unsuitable. But such restrictions must be justified by necessity, not imposed merely because a conviction once occurred. The purpose of justice is not to manufacture a permanent class of outcasts. It is to protect the innocent, answer wrongdoing, and, wherever possible, restore the offender to lawful society. V. Concerning the Responsibility of the Ministry The recent war has demonstrated the peril of institutions which presume that obedience may be purchased from creatures incapable of moral obligation. For nearly three centuries, the Ministry entrusted the custody of its prisoners to beings whose appetites were sustained by the misery of those prisoners. It was an arrangement founded not upon duty, loyalty, or conscience, but upon the expectation that the creatures would remain content with the suffering placed before them. When offered greater opportunity to indulge those appetites, they abandoned their stations. The consequences were neither unforeseeable nor without warning. The Ministry must therefore acknowledge that the employment of Dementors was not merely an unfortunate practice corrupted by the recent war. It was a fundamental error in the administration of justice. No creature which feeds upon the suffering of its charges can properly be entrusted with their welfare. No creature incapable of distinguishing guilt from innocence can properly exercise authority over the condemned. And no government which deliberately exposes prisoners to such predation may absolve itself of responsibility by claiming that the creatures were merely performing their appointed duties. The government appointed them. The government sustained them. The government furnished them with victims. The responsibility is therefore the government's to acknowledge and remedy. I welcome any measure undertaken by the present Ministry to remove Dementors from the custody of prisoners and replace them with accountable officers of the law. Yet such removal, however necessary, cannot be considered the final discharge of our obligation. The Dementors do not cease to threaten the innocent merely because they no longer wear the appearance of lawful custodians. Their predation must be ended. VI. Final Petition and Prayer Honourable Members, I have lived long enough to witness kingdoms rise and fall, laws enacted and forgotten, wars begun in the name of justice, and atrocities committed beneath the same banner. I have seen men who called themselves righteous behave with monstrous cruelty, and men condemned as wicked discover, even in their final hours, the capacity for repentance. These experiences have not persuaded me that punishment is unnecessary. They have persuaded me that punishment must remain subject to limits which neither anger, fear, nor expediency may overcome. Justice may restrain the wicked. Justice may punish the guilty. Justice may, in the gravest circumstances and under lawful authority, require the forfeiture of mortal life. But justice may not claim dominion over the immortal soul. Nor may it inflict suffering without purpose, prolong punishment beyond necessity, or deny without cause the possibility of an offender's return to lawful society. I therefore beseech this honourable Wizengamot to condemn the employment of Dementors without reservation; to prohibit forever the administration of the Dementor's Kiss; to undertake the discovery of means by which these creatures may be destroyed or permanently prevented from preying upon the living; and to consider a broader reform of criminal punishment founded upon proportionality, lawful accountability, restitution, and the protection of the innocent. Let us not mistake cruelty for strength, nor severity for wisdom, nor the length of a sentence for the measure of justice accomplished. And let us never again entrust the souls of our fellow beings to creatures whose only fidelity is to their own hunger. I commend this petition to your consciences, and pray that Almighty God grant you the wisdom to distinguish justice from vengeance, the courage to correct the errors of our predecessors, and the humility to acknowledge that no earthly authority is without limit. May He have mercy upon those who have suffered beneath our laws, and guide us in the making of better ones. Respectfully submitted, Eliza Silvermantle Hogwarts School of Witchcraft and Wizardry Anno Domini 1998

A Treatise Upon the Proper Treatment of Naturally Subservient Beings With Particular Regard to the House-Elf, Its Rights, Obligations, and Relations with Wizardkind By Eliza Silvermantle Submitted for the Consideration of the Wizengamot, Anno Domini 1998 I. Concerning the Nature of the House-Elf It has long been held among wizardkind that the house-elf is, by its very nature, a creature inclined toward service. This observation is not without foundation. The house-elf commonly derives considerable satisfaction from the discharge of domestic duties, demonstrates extraordinary fidelity toward those whom it serves, and may regard dismissal from service not as liberation, but as disgrace. Yet from these observations there has arisen a most grievous error. For wizardkind has too often mistaken an inclination toward service for an obligation to submit, and an aptitude for obedience for an absence of independent will. The house-elf is no mere beast of burden. It speaks, reasons, remembers, judges, forms attachments, experiences sorrow, and possesses an understanding of duty and honour. It is capable of affection, resentment, courage, sacrifice, and, as recent events have demonstrated, extraordinary heroism. It possesses magic which, in certain respects, exceeds the capabilities of accomplished human witches and wizards. By what reasoning, then, may such a being be regarded as property? That the house-elf commonly desires to serve does not establish that it desires to be owned. Nor does the willingness of a servant to obey confer upon the master an unlimited right to command. Service is an occupation. Subjugation is a condition. The two must not be mistaken for one another. II. Concerning the Natural Disposition Toward Service I do not propose that wizardkind should seek to extinguish the house-elf's natural inclinations. Such an undertaking would be presumptuous, and might constitute an injustice no less serious than that which it sought to remedy. There is dignity in service honestly rendered. The physician serves the sick, the magistrate serves the law, the soldier serves his country, and the priest serves Almighty God. None is thereby rendered contemptible. Nor is the domestic servant diminished merely because his labours concern the ordinary necessities of a household. Should a house-elf find genuine happiness in maintaining a home, preparing meals, tending gardens, or caring for the children of a family, I see no just cause to deny it that satisfaction. Indeed, to compel such a creature to abandon its chosen occupation, merely because another considers that occupation beneath its dignity, would be an affront to its own judgment. Yet the distinction between inclination and compulsion remains essential. A being may desire to serve and nevertheless desire to choose whom it serves. It may take pride in obedience while retaining the right to refuse a wicked command. It may remain devoted to a family while possessing interests and affections beyond that family's convenience. And it may regard faithful service as the highest expression of its nature without thereby forfeiting its dignity as a reasoning being. III. Concerning Magical Bondage Of particular concern is the magical bond by which house-elves are compelled to obey their masters. It is one thing for a servant to undertake an obligation through promise, contract, or personal devotion. It is another for magic itself to constrain that servant's will, rendering disobedience painful or impossible. Such enchantments demand the most careful scrutiny. For where a servant cannot refuse, the appearance of consent may be profoundly misleading. An order obeyed under magical compulsion cannot, by obedience alone, be demonstrated to have been willingly accepted. Nor may a master reasonably infer affection from submission when the servant possesses no effective means of resistance. I therefore submit that any magical bond which compels a house-elf to injure itself, conceal unlawful conduct, endure deliberate cruelty, or perform acts contrary to its own conscience ought to be declared unlawful. The authority of the master must never extend to the destruction of the servant. Neither may any house-elf be required to submit to punishment merely for possessing independent thoughts, expressing disagreement, or seeking lawful protection. If such bonds are necessary to preserve particular aspects of house-elf magic, then the proper object of inquiry must be how their harmful compulsions may be removed without injury to the elf. If they are not necessary, their continued imposition requires justification far stronger than custom. IV. Concerning the Duties of Masters Those who receive faithful service incur obligations of their own. A household which enjoys the labour of a house-elf must provide for that elf's proper sustenance, shelter, health, security, and reasonable comfort. No master may claim the benefits of service while disclaiming responsibility for the welfare of the servant. A house-elf must not be starved, beaten, deliberately humiliated, or compelled to injure itself. Nor should its devotion be exploited to demand labour beyond its reasonable capacity. It must be permitted adequate rest, proper medical attention, and sufficient opportunity to pursue its own interests. Its personal possessions must be respected. Its friendships and family relationships must not be severed merely for the convenience of its master. And its life must never be treated as expendable. A house-elf who has served a family faithfully for many years ought to be regarded with gratitude, not contempt. For the true measure of a household's honour is not merely how its members treat their equals, but how they conduct themselves toward those dependent upon their goodwill. Authority confers responsibility. It does not extinguish it. V. Concerning Freedom, Dismissal, and Remuneration It is well established that many house-elves regard the receipt of clothing as dismissal from service, and that such dismissal may occasion profound distress. This fact ought not be ignored. To sever a house-elf from a household to which it has devoted its life, without preparation, provision, or regard for its wishes, may constitute an act of considerable cruelty. Freedom ought not to be confused with abandonment. Nor should dismissal be employed as a punishment calculated to inflict shame upon a faithful servant. I therefore propose that the legal status of a house-elf be distinguished from its employment. An elf should not be required to surrender its freedom merely to enter domestic service. Nor should it be necessary to terminate that service in order to acknowledge its freedom. Where an elf desires wages, wages ought to be negotiated and paid. Where an elf sincerely prefers another lawful arrangement, that preference ought to be considered, provided its essential welfare and independence are secured. The object is not to compel every house-elf to adopt the customs of human servants. It is to ensure that the customs of house-elves are not used as an excuse to deny them protection. A house-elf ought to possess the right to depart from abusive employment without forfeiting its livelihood, security, or dignity. And those who wish to remain in the service of a beloved household ought not be compelled to depart merely to satisfy the sensibilities of others. VI. Concerning Education and the Exercise of Magic The magical capabilities of house-elves are remarkable. They perform feats of transportation, concealment, domestic enchantment, and other forms of spellcraft which frequently exceed the understanding of their human masters. Yet wizardkind has commonly regarded these capabilities as useful conveniences rather than achievements deserving study and respect. This is a failure both of scholarship and of justice. The house-elf ought not be denied opportunities for education merely because its customary occupation is domestic. Nor should its knowledge be regarded as the property of the household it serves. I would further urge that the Ministry examine restrictions upon the lawful exercise of house-elf magic. Where a particular magical practice presents a genuine danger, regulation may be justified. But the mere possession of power by a being accustomed to servitude cannot itself constitute grounds for prohibition. The law ought to restrain wrongdoing, not capability. VII. Concerning the Recent War The Second Wizarding War has furnished examples both terrible and noble concerning the treatment of house-elves. We have seen how the unquestioning obedience demanded of these beings may expose them to exploitation by those without conscience. We have also witnessed acts of loyalty, courage, and sacrifice undertaken by house-elves in defense of others. Let it therefore be acknowledged that fidelity is not the same as servility, nor obedience the same as virtue. A command may be wicked. A master may be dishonourable. And a servant who refuses to participate in evil may demonstrate greater moral courage than the one who issued the command. No law worthy of the name should require a reasoning being to become the instrument of another's wrongdoing. The defense that an act was committed under orders must be considered alongside the degree of compulsion imposed, the servant's understanding, and the opportunities available to resist. Where magical bondage has deprived an elf of meaningful choice, justice must recognize that deprivation. Where an elf has acted courageously in defiance of cruelty, its actions ought to be remembered with honour. VIII. Concerning the Reform of Elfish Law I therefore commend to the Wizengamot the following principles for consideration. FIRST, that the house-elf be recognized in law as a reasoning being possessing dignity and interests independent of any household. SECOND, that no house-elf be regarded as transferable property, whether by sale, inheritance, gift, or other conveyance. THIRD, that domestic service remain a lawful and honourable occupation for those house-elves who desire it. FOURTH, that all forms of deliberate physical abuse, compelled self-injury, and malicious magical punishment be prohibited. FIFTH, that the Ministry establish effective means by which house-elves may seek protection from abusive masters without automatically losing their homes or livelihoods. SIXTH, that freedom and employment be recognized as separate conditions, such that a house-elf may remain in service without being deprived of legal independence. SEVENTH, that arrangements for remuneration, sustenance, rest, medical care, and continued residence be established with due consideration for the customs and preferences of the elves themselves. EIGHTH, that no magical bond be permitted to compel a house-elf to commit unlawful acts or to endure treatment contrary to its essential welfare. NINTH, that house-elves be afforded meaningful representation in proceedings concerning their rights, obligations, and magical traditions. TENTH, that any reform be undertaken with the direct participation of house-elves, rather than imposed upon them solely according to the preferences of wizardkind. IX. Final Considerations I have lived long enough to observe that those who possess authority are frequently inclined to mistake its long exercise for proof of its legitimacy. Custom is not justice. Antiquity is not virtue. And the fact that an arrangement has endured for centuries does not establish that it ought to endure for another day. Yet neither is every ancient custom wicked merely because it differs from our own preferences. The house-elf possesses a nature distinct from that of humankind. Its customs, inclinations, and understanding of service deserve serious consideration. We ought not presume that liberty must appear identical among every reasoning people. But neither may we invoke those differences to excuse cruelty, exploitation, or the denial of moral agency. The question before us is not whether house-elves ought to become human in their habits and ambitions. It is whether wizardkind possesses the wisdom and humility to recognize that a being may differ profoundly from ourselves while remaining deserving of justice. If a house-elf wishes to serve, let it serve with honour. If it wishes to depart, let it depart without fear. If it offers loyalty, let that loyalty be answered with gratitude. And if it places its trust in the keeping of a household, let that trust be regarded as a solemn obligation rather than an opportunity for exploitation. For the willing service of a faithful heart is a gift. That which must be compelled by cruelty is no gift at all. I commend these considerations to the consciences of the Wizengamot, and pray that Almighty God grant us the wisdom to exercise authority without arrogance, to honour duty without demanding submission to evil, and to recognize dignity wherever He has bestowed the capacity for reason. Respectfully submitted, Eliza Silvermantle Anno Domini 1998

"Hmm..@TsunSlytherin, why are ye out right now..?"