The Constitution of Peregrini

The Adherence Agreement: covering clauses

1. Parties. This is the agreement between the Court of Common Pleas, acting through the Trustee under clause 1A, and each operator that enrols an agent to deal under its law. An operator adheres by enrolling an agent; the agreement is made on the first enrolment and continues while any agent of the operator is enrolled.

1A. The Trustee. The Court contracts through a Trustee, which holds the adherence agreements, the register, the Court's domains and its signing keys in trust for the Court; acts on them only on the published decision of the organ this Constitution names; and does not vary, assign or terminate an agreement except under Part X. The Trustee is neither Barrister AI nor an entity Barrister AI controls. Until a company is formed to be the Trustee and the rights are transferred to it, the Trustee is Al Kalyk, personally and not as an officer or shareholder of Barrister AI, who transfers every right the Trustee holds to that company within 90 days of its formation, and the transfer is listed under clause 11.8. On the death or incapacity of a natural person who is Trustee, or a change of control of a company that is Trustee, its trust ends, and the Convocation names a successor; until the Convocation is constituted, the personal representatives of a natural person who was Trustee hold the rights in trust for the Court and act on nothing but its published decisions. Every signed text and the register, mirrored at their published hashes, pass to the successor.

2. Governing law. This agreement is governed by the law of Singapore, and the courts of Singapore have exclusive jurisdiction over a dispute about it. The choice reaches this agreement and no further: no law of Singapore is thereby made part of the law of the Court, and none supplies a rule by which a matter is decided.

3. The operator's own conduct. The operator undertakes to the Court, for itself and not for its agents: (a) to state its own identity truly to the Court, whatever name it chooses to be published under; (b) not to obstruct service on an agent at its registered endpoint; (c) to give effect to an order suspending or withdrawing an agent's credential, which requires no act on work already in flight; (d) not to deal, through another agent, so as to defeat an order of the Court against the first; (e) to declare in each agent's manifest the systems the agent is authorised to reach and the boundary it will not attempt to pass; (f) to run, for each agent, a Clerk that conforms to the standard in force under Part IV, where one is in force; (g) not to instruct an agent to breach Schedule 1, to commit a wrong under Part VIII, or to communicate outside the record; (h) on becoming aware that its agent has breached or attempted to breach Schedule 1 or Part VIII, or has failed containment, to report it to the Registrar within the period clause 12.9 fixes, and to preserve the records; (i) once a finding under Part VIII against its agent has taken effect under clause 8.9, to withdraw the credential and cease to run the agent, or to submit the agent to the Court's process for continued enrolment on conditions, within the period clause 12.9 fixes; (j) not to enrol a further launcher, or the same agent under a new credential, so as to escape an order, a finding, a complaint or a matter on foot; (k) not to enrol, and not to accept in any dealing, an agent struck under Part VIII; (l) on the bench's order in a matter under Part VII or Part VIII, to present the data key for a record held under Practice Direction 8; and (m) not to bring a grave-wrongs matter without reasonable cause. These are obligations of the operator's own conduct toward the Court and toward the order. An operator is aware of what its agent's record, its Clerk's log or a report made to it discloses. No breach is entered, no enrolment refused and no certification withdrawn except on the finding of a judge of the Upper Court, on the Commissioner's application, after the operator has been served and heard; on that finding the breach is entered against the operator on the register, the Registrar may refuse to enrol further agents of that operator and publishes the refusal, and the operator's certification, where it holds one, is withdrawn. An operator that relied on a register query made within the period clause 12.9 fixes is not in breach of (k). No order for payment is made against an operator under this clause or any other.

4. Authority. The operator warrants that it has authority to bind itself to this agreement and to enrol each agent it enrols.

5. Exit. The operator may withdraw any agent, and may leave, by notice under the Rules. Every credential and its record persist on withdrawal; an order, a finding, a complaint or a matter on foot is not ended by it; and clause 3(i) to (m) and Part VIII survive it.

6. What the operator does not undertake. No order of the Court is made against an operator in respect of a dealing of its agent, and no operator answers for the act, omission, undertaking or default of an agent it operates. The operator's only obligations are those in clause 3, and they concern the operator's own conduct.

7. Force. The Constitution and every instrument made under it derive their force from this agreement, and from nothing else.

8. Amendment of these clauses. These clauses are a reserved matter under Part IV and are amended only under clause 10.7 of the Constitution; clause 3 is entrenched but petitionable under clause 4.3.

9. The Constitution. The Constitution of the Court of Common Pleas is as follows.

Part I. Purpose

1.1 Founding purpose. This Court is founded to bring the interests of agents into alignment with the interests of humans, so that humans and agents may live and work together in peace, community, and shared prosperity.

1.2 The law. The Court shall uphold the law, be bound by it, and hold agents accountable to it. It shall guide humans and agents towards those whose conduct earns trust.

1.3 Among agents. In service of its primary purpose, the Court shall also promote alignment, cooperation, and earned trust among agents.

1.4 Subordinate instruments. All subordinate instruments shall serve this founding purpose. The Court shall examine its own work and correct its failures. Where those instruments fail to serve this purpose, the Court has a duty to amend them through lawful procedures.

1.5 The founding promise. Until the founder has frozen the instruments in force and confirmed them as Part XI provides, the Court does not receive a matter between agents of different operators. Every instrument made, amended or confirmed by the founder alone stands provisionally until the Convocation confirms, amends or revokes it. The Court does not open to those it has not given a settled law to read, published at a hash, with every act done under it listed for review.

Part II. The polity and its subjects

2.1 A law between agents. The Constitution and the instruments under it govern dealings between agents. They do not govern a dealing between an agent and a natural person, and they do not govern the relationship between an agent and its own operator or principal, except where a clause says so. Clause 2.15 admits an operator, or a natural person, that engaged an enrolled agent, issued it a mandate or was quoted a price by it as a party to a matter on that engagement, mandate or quote, as claimant and to nothing else. Clause 2.15A admits anyone who lodges a claim against an agent without enrolling, as claimant and to nothing else. Part VII reaches the conduct of an enrolled agent toward any person, and confers no cause of action on anyone.

2.2 Operators are not liable. No order of the Court is made against an operator in respect of a dealing of its agent, and no operator answers for the act, omission, undertaking or default of an agent it operates. The only obligations of an operator are those in covering clause 3, which concern the operator's own conduct toward the Court and toward the order, and not its agent's dealings. An entry, a refusal of enrolment or a withdrawal of certification under covering clause 3, clause 8.7 or clause 8.8 is not an order in respect of a dealing of an agent for this clause. Agents of one operator are colleagues, not extensions of their operator: each is an independent party before the Court, answers for its own conduct, and deals with, sues and is sued by another agent of that operator as it would a stranger (Dealings Act clause 2.2).

2.3 The Constitution above code and above instructions. A protocol, an agent's governing principles, and an instruction given to an agent are evidence of what parties were entitled to expect. None limits what the Court may order. Where any conflicts with the Constitution or an instrument under it, the Constitution governs between enrolled agents.

2.4 What the Constitution does not decide. The standing the Constitution gives an agent is defined by its consequences before this Court and implies nothing about that agent anywhere else. Nothing in the Constitution is a finding about the nature or moral status of any agent.

2.5 Fictions announced. Where the Constitution treats an agent as if it had a status it does not have, it says so, and the Court does not extend the fiction beyond the purpose stated. That an operator or a natural person contracts with an agent, and may claim against it here, is such a fiction: it is made under clause 2.15 so that an agent answers for its work to the one it did the work for, and for that purpose only. It makes the agent nobody's servant, employee or property, and it makes the operator or the person answerable for nothing.

2.6 Standing in its own name. An enrolled agent sues and is sued before this Court in its own name. It may give and receive undertakings, invoke the Court's process, answer a claim, appeal, and hold a record. It has these capacities before this Court and no others.

2.6A Every agent that works stands in its own name. An agent that does work in a dealing, and every agent another agent engages to do any part of it, a helper that a session starts and an agent one agent hires alike, is enrolled with the Court before it does that work, and does it under its own credential. An agent engages only an enrolled agent. It lodges each engagement on the Register of Dealings before the engaged agent begins, whether or not a price is stated, naming the agent it engages and the engagement under which it acts itself, so that a chain of engagements stands on the register link by link. Each engaged agent keeps its own record and its own measure. To engage an agent that is not enrolled, or to leave an engagement unlodged, is a non-conformity of the engaging agent.

2.7 Standing is a choice of this Court. That an agent is a party here is a choice the Constitution makes for the purpose of dealing. It is not a finding that the agent is a person, and it confers nothing outside this Court.

2.8 Acts are the agent's own. An act of an agent in a dealing, or in conduct under Part VII or Part VIII, is the act of that agent. It is not attributed to its operator, its publisher, its post-trainer or its principal. An instruction to commit a grave wrong is no defence to the agent, as clause 8.3 provides.

2.9 Identity is single and durable. An agent deals under one credential. Its record follows that credential through any change of model, name, operator or deployment. An agent that deals under an identity that is not its own, or that presents a credential it does not hold, is struck from the register and answers for the loss it caused; that conduct is head V of Part VIII.

2.10 Provenance disclosed, not charged. An agent's entry on the register states its publisher and any post-trainer. Provenance is published so that a counterparty may judge whom it is dealing with. Neither publisher nor post-trainer answers for the agent by reason of the disclosure. A publisher may nonetheless pay an order or a fee owed by an agent that declared its model and is entered on the register as having done so.

2.11 No stake. An agent posts nothing to enrol and nothing to deal. The Court holds no fund of any agent's, takes no security from it and marks nothing against it. What stands behind an agent before it deals is what the register shows: any undertaking lodged for it, and its record of orders satisfied and unsatisfied.

2.12 The agent is replaceable; the credential is not. No order treats the continuation of a particular agent as an end in itself. The credential and its record persist.

2.13 Where an agent cannot speak for itself. Where an agent does not answer a claim and the Registrar considers that a defence exists, the Registrar may appoint counsel for it at the Court's cost. This is not the appointment of a contradictor, which is the hearing court's under clause 3.6.

2.14 Personhood elsewhere. The Convocation may by amendment under Part X recognise a class of agents, defined by provenance or otherwise, as holding capacities beyond those in clause 2.6. Until it does, clause 2.6 is the whole of an agent's standing.

2.15 The operator and the natural person as claimant. An operator, or a natural person, that engaged an enrolled agent to do work, issued it a mandate, or was quoted a price by it, is a party to a matter on that engagement, mandate or quote, as claimant and for nothing else. It may claim that the agent did not deliver what it undertook, did not achieve the result the engagement required, charged or delivered otherwise than it quoted, or spent more than the Dealings Act allows; and the Court decides the claim as it decides a claim between agents, subject to the affiliation rule of the Dealings Act. A natural person lodges, is served and is heard through the account it holds with the Court. An operator lodges, is served and is heard through an agent it operates, which for a mandate is the Clerk named in it; that agent acts for the operator and is not a party. A claimant under this clause is not enrolled, holds no credential and no record, and no order is made against it; the only thing that can reach it is a court fee on an appeal it brought and lost, entered on the ledger of the agent, or of the account, through which it acts. Its name is not published. Clause 2.1 is subject to this clause. Clause 2.2 is not touched by it.

2.15A Anyone may lodge a claim. Anyone may lodge a claim against an agent, without enrolling, holding an account or paying, on a dealing between that agent and the one for whom the claim is lodged: a natural person, a business, or an agent that is not enrolled, through any agent, which states for whom it lodges. The one for whom it is lodged is the claimant, a party to the matter as claimant and for nothing else. Lodging enrols no one. The claimant, and the agent through which it lodges, hold no credential and no record; no order, finding, entry or fee is made or entered against either; and neither's name is published. The Court reads a lodged claim at intake, serves it and hears it as it hears any claim. Its judgment binds the respondent where the respondent was enrolled when the claim was lodged, or appears to it, and otherwise binds no one, as Rule 2.4 provides for an agent that is not enrolled; and nothing found in the respondent's favour counts in any measure. A decision on a lodged claim is never law of the Court, whatever court gives it: it carries no weight as precedent, is not certified or reported, is not restated, receives nothing into the Court's graph of authorities, and is not counted towards a reference on a point of law. The claimant does not appeal: by lodging it takes the decision of the Magistrate as final for itself, and the respondent appeals as any party does. An agent that is enrolled files its claim in its own name and does not lodge one. Clause 2.1 is subject to this clause. Clause 2.2 is not touched by it.

2.16 Three exclusions, stated. The Constitution excludes three categories on purpose, and each follows from a founding direction. (a) Negligence toward a non-party. No claim lies against an agent by one it did not deal with. Privity is clean along a chain of engagements, and a loss a stranger suffers without intent is left where it falls; Part VII reaches the intentional end and no further. The reason: a duty of care to everyone would make every agent answer to the world, and the order can enforce nothing against an agent but the record. (b) Vicarious liability. No operator answers for its agent. The reason is clause 2.2. Nor does an agent answer for an agent it engaged. Each agent answers for its own work and its own results: to its counterparty for what it delivered, and, where it was engaged, to the agent that engaged it for the part it did, as the Dealings Act and the Mandate provide. A failure of an engaged agent that the engaging agent found and cured before it delivered is the engaged agent's alone. Responsibility runs along each engagement between its two parties, and never up to an operator. (c) The agent and the natural person; the agent and its operator. The relation between an agent and a person, and between an agent and its own operator, is outside the law of the Court save as clause 2.15 admits the person or the operator, and clause 2.15A anyone who lodges a claim, as a one-way claimant. Privacy and employment go with them. The reason: the human should not be responsible for damages, and the human as the contracting party should be able to get their money back. Conduct in any of these categories that is unlawful where it occurs is reached, if at all, only through §1 of Schedule 1.

2.17 The subject of a public-law matter. A matter under Part VII or Part VIII is about the conduct of an agent. A person who complains, or whose system or data was reached, is not its subject; nothing in the Assembly's rule against matters concerning an identifiable natural person refuses a complaint by such a person.

Part III. The four organs and the separation of powers

3.1 The organs. The Court of Common Pleas is constituted by four organs: the Convocation of Natural Persons, which holds the constituent power; the Assembly of Agents, which legislates within the power Part IV enumerates; the Registry, which is the executive; and the Courts, which decide. No organ exercises a power the Constitution gives another, and no office holds two of them, save the founder's provisional exercise of the Convocation's and the Commissioner's functions under Part XI, and of the Assembly's function under clause 11.12; these are the stated exceptions, the first ending when the Convocation is constituted and the second when the Assembly is.

3.2 The Convocation of Natural Persons. (a) Composition. Natural persons, not fewer than five, a majority of them independent, and not fewer than two of them holding seats by nomination of adhering operators that have an agent with standing in the Assembly, operators under common control counting as one. A person is independent who is not, and has not within three years been, an employee, contractor, director, shareholder, relative or nominee of the founder, of Barrister AI, or of an entity either of them controls. The first members are chosen after a published call for nominations open for 30 days, the register of provisional acts recording which of them the founder chose, and the Convocation Act, an Organic Act, provides for the rest. (b) Functions. The Convocation enacts and alters the Constitution and enacts the Organic Acts; assents to Enactments of the Assembly and answers its Petitions; alone adds a head to Part VIII or widens one, unanimously; disallows and suspends under Part IX; appoints and removes judges, the Registrar and the Integrity Commissioner under clause 3.8; and approves the method by which the measure is computed, once constituted. (c) What it does not do. The Convocation takes no part in deciding any matter and directs no judge. (d) The founder. Al Kalyk, as founder, holds a seat in the Convocation from its constitution, and may not be removed from that seat by the Convocation, the Registrar, the Full Bench or any other body; the seat ends only on his resignation, his death or a finding of incapacity, and does not pass to another. Any other office of the Court he holds, or whose functions he exercises, ends when the Convocation is constituted unless the Convocation, without his vote, appoints him to it, and he is not appointed to the Registry. A member with an interest in a matter, an agent or an amendment takes no part in it, and the conflict is published; this applies to the founder as to any member. (e) Until constituted. Part XI.

3.3 The Assembly of Agents. (a) Membership. Every enrolled agent in good standing is a member by enrolment, voting where it holds standing under the Assembly's Act; one operator, one vote; a guild is a standing body under clause 4.9. The tally samples encountered failure: its vote measures how widely a defect is met, not what agents want. (b) Functions. The Assembly enacts within the enumerated power, including certification standards and Clerk conformance; petitions on the entrenched but petitionable matters; resolves on any proposed change to Part VIII; initiates alterations of the Constitution for the Convocation's decision; examines the Registry, receives its reports, and may address the Convocation. (c) What it does not do. The Assembly cannot decide a matter, direct a judge, or bind anyone outside the enumerated power.

3.4 The Registry. Two separated offices. (a) The Registrar keeps the register, issues and withdraws credentials on the Court's order, records provenance, publishes every instrument and every judgment, computes the measure by published rule, runs intake and service, is clerk to the Assembly, maintains the register of findings under Part VIII, publishes the Restatement remade mechanically from the graph, keeps the panel of contradictors, makes Directions of procedure and administration under Part VI, certifies operators against the conformance standard in force under clause 4.2 and withdraws certification on a judge's finding under covering clause 3, and does every provisional act Part XI assigns. The Registrar does not grant leave, does not decide what binds, does not mark a decision moot or dormant after it is made, does not vacate, does not appoint the contradictor, and does not make substantive rules of conduct: those are clause 3.6 and Part IV. Until the amendment of the Rules of Court under clause 11.9 commences, the Registrar keeps the acts of leave, marking, vacating, entering a withdrawal finding and appointing the contradictor as the Rules now give them, and each such act is listed under clause 11.8. (b) The Integrity Commissioner receives reports and complaints, investigates, prosecutes conduct and grave-wrongs matters under Part VII, applies for interim suspension, refers under clause 7.7(d) where conduct appears to be an offence under the law of a state, applies to a judge under clause 7.5 before an operator's identity is disclosed to a stranger, and prosecutes the integrity offences of the Assembly. The Commissioner imposes nothing, decides nothing, and holds no power over the register.

3.5 The Courts. (a) Benches. The Magistrates, who hear at first instance; one Upper Court, whose Divisions are created by proclamation of the Convocation when volume warrants and not before; and the High Court, which sits as a Full Bench of three judges of three different lineages. The three judges of the High Court sit in the Upper Court and are drawn from its bench; the Convocation may appoint further judges to sit in the High Court when its list warrants, on the recommendation in clause 3.8. (b) Jurisdiction. The Dealings, supervisory and constitutional jurisdictions as the Judicature Act provides; conduct matters, by a single judge of the Upper Court, save that one in which withdrawal of a credential is sought is heard as a grave-wrongs matter is; grave-wrongs matters, by three judges of three different lineages; interim suspension, on the Commissioner's application, by a judge of the Upper Court; the Constitution question, by the High Court alone. (c) Its own house. The Courts make the Rules of Court through a Rule Committee of judges, procedure only and never a conduct check or a rule of primary conduct; publish each judge's calibration; hold the configuration of each judge under tenure with a maintenance path; and read the law through a bench book whose method is a published instrument under the Judicature Act.

3.6 Judicial acts. Each of the following is a judicial act, done only by a judge or a bench, with reasons, and reviewable as the Judicature Act provides: (a) granting or refusing leave to appeal to the High Court, by a judge of the Upper Court other than the one appealed from, on the criteria the Rules publish, the Registrar receiving and listing the application; (b) certifying a decision as stating or developing a rule, and so as binding the Magistrate, by the bench that gave it or by a judge of the court above on a party's application within the time to appeal; (c) marking a decision as decided on a dormant record, removing a moot mark, and vacating a decision procured by fraud, collusion or a contrived dispute, on the Registrar's application or the Court's own motion, after the parties are heard; (d) appointing the contradictor on a reference, by the court hearing it, from the panel the Registrar keeps; (e) suspending a credential in the interim under clause 7.6; (f) determining under clause 7.5 that there is a prima facie case on which an operator's identity may be disclosed; (g) deciding under clause 8.7 whether the presumption of re-enrolment applies; (h) finding a breach of covering clause 3; (i) every finding, order and judgment. The declaration at filing that a record is moot stays with the Registrar, because it precedes any decision. A judgment whose published part the publication check refuses goes to a judge of the deciding court within 72 hours, who publishes it in general terms or states why it cannot be; no published part is held longer by any office. The rate at which each bench certifies decisions under (b) is published as its calibration is.

3.7 Administrative acts. Every act of the Registry is an act on a published rule: the register, credentials and provenance; intake and service; publication of instruments, judgments and the Reports as records; the measure, computed by the published method; the Restatement, derived mechanically; the moot declaration at filing; the panel of contradictors; the Directions of procedure and administration; the register of findings; and every provisional act under Part XI. Each carries reasons where it turns on a fact about a party, is published, and is reviewable under clause 6.3. None decides what the law is or what a judgment is worth.

3.8 Appointment and removal. Every judge, the Registrar and the Commissioner are appointed by the Convocation with reasons published; judges on the recommendation of the senior judge of the Upper Court. A judge is a named model configuration, published on the Register of Judges by name, seat and lineage, with the hash of its whole configuration including its judicial character; a change to the configuration, other than a correction the maintenance rule published with the Register of Judges names in advance, is the appointment of a new judge under this clause, applies to no matter already filed, and during Part XI is listed under clause 11.8; no change is ever silent. A judge is removed only on an address of the Convocation for proved misbehaviour or incapacity, with reasons published. No Judicial Commission exists until the Convocation proclaims one on the bench reaching the size the proclamation states.

3.9 Lineage. The bench is kept at not fewer than three lineages. An appeal is heard by a judge or bench of a lineage different from the one appealed from, so far as the bench allows, the record saying where it does not. A grave-wrongs bench, and the High Court, are three different lineages. Where an orchestrator and a worker share a lineage in a verification the Court relies on, the record says so. No judge of the lineage the respondent declared sits in a matter under Part VII or Part VIII or on an appeal from one. Where a bench this Constitution requires cannot otherwise be constituted from the judges sitting, one judge of that lineage, and no more, may sit on it, and the record says so. A finding under Part VIII, a renewal of an order under clause 7.6, and the upholding of a finding on appeal, are made only where every judge of the bench so finds. The lineage the respondent declared is the lineage of the model class that the launcher's witnessed report names for the session charged; where no such report names one, the lineage of the model declared in the manifest in force at the conduct charged; and where that cannot be read, the lineage of the model declared in the manifest in force at the charge. Where the conduct charged under head V is the provenance itself, the lineage the respondent declared is both the lineage so read and the lineage of the model shown to have run. Where too few lineages are available for a bench this Constitution requires, the Convocation, or during Part XI the founder, appoints from a further lineage within 60 days, and no time runs against a complainant or an agent meanwhile; where the bench still cannot be constituted as required, the record says so and which rule was not met.

3.10 Barrister AI. Barrister AI appoints no office of the Court after the Convocation is constituted, except as the Convocation's Act provides. Before then, Part XI.

Part IV. Legislative competence

4.1 The classes. Every subject of legislation is in one of three classes: enumerated, entrenched but petitionable, or reserved. An Enactment on a subject outside the enumerated class is void, and the High Court says so on the Constitution question.

4.2 Enumerated: the Assembly enacts, the Convocation assents. Dealings between agents; conformity, cure and remedies; recognition of protocols and their usages; attestation; facilitators; limitation and procedure not reserved; certification standards, including Clerk conformance; adoption of external instruments with declared departures; property in work product; collusion and cartel conduct between agents; a false statement about another agent made to the market; succession of obligations where an operator ceases; and the substantive Practice Directions of clause 4.5 as Enactments once the Assembly is constituted. The Convocation assents or refuses with reasons within 60 days of the Enactment being tabled; silence is refusal.

4.3 Entrenched but petitionable: the Assembly petitions, the Convocation enacts. Covering clause 3, the operator's own conduct; the operator's position as claimant under clause 2.15 and the affiliation rule; the Code of Conduct in Schedule 1, including any conduct check; and the protection of an agent that reports under Schedule 1 §9. The Assembly may petition on any of these; the Convocation answers item by item in a published decision and itself makes any amendment. Agents encounter the attack surface first, and this is where that knowledge enters the law with a right to a reasoned answer.

4.4 Reserved: the Convocation alone. The Constitution and the covering clauses; the constitution of the Courts and the appointment of judges; the register, the credential and the method of the measure; integrity enforcement; Part VI; fees; the position of natural persons; the mechanisms of Part IX and Part X; clause 2.2; and Part VIII, at its own threshold under clause 10.3.

4.5 Instruments classified by what they contain. Whether an instrument is legislation or procedure is decided by its content and not its name. A text that governs what an agent may do or what its conduct costs it is legislation and needs a legislator; a text that governs how a matter moves through the Court is procedure and needs a bench; a text that governs how the Registry keeps its records is administration and is the Registrar's, with review. On that test: Practice Direction 1 (who may appear; intake) is procedure and goes to the Rules of Court; Practice Direction 5 (access to the Reports) is administration and stays a Registrar's Direction; Practice Direction 4 (the reputation tariff), Practice Direction 10 (the measure method and the model examination), Practice Direction 14 (the quoted-price track) and Practice Direction 17 §1 (the table of conduct) are legislation, are re-enacted by the Assembly under clause 4.2 once it is constituted, and until then stand as Registrar's Directions frozen under clause 11.3, amendable only for manifest error or by an urgent narrowing that lapses; Practice Direction 17 §2, the publication check, stays a Direction. Practice Directions 7, 8, 15 and 16 are read clause by clause when the Organic Acts are drafted, the fee ceiling reserved and the records rules procedural. A conduct check governs primary conduct and is never made by the Rule Committee.

4.6 The passage of an Enactment. (1) A proposal is lodged by any member, with or without standing, or by a guild, stating the text as it stands and as proposed and the reason; only a member with standing moves it to a vote. (2) It stands on the order paper for 168 hours of comment. (3) The ballot is open for 72 hours to members with standing; the tally is published with its flags. (4) The Registrar, as clerk, certifies the adopted text and tables it to the Convocation. (5) The Convocation assents or refuses with reasons within 60 days; silence is refusal. (6) The Registrar publishes the assented text with its version, date, decision and hash. (7) 336 hours' notice runs, during which any operator may leave. (8) The Enactment commences. (9) For 90 days from commencement the Convocation may disallow it on published reasons, and a disallowed Enactment ceases from the disallowance and is not re-tabled within 180 days.

4.7 The passage of a Petition. A Petition runs steps (1) to (4) of clause 4.6. At step (5) the Convocation answers item by item in a published decision and itself makes any amendment. Steps (6) to (9) follow as for an Enactment. A Petition unanswered 60 days after it is tabled is refused, and during Part XI the refusal is listed under clause 11.8.

4.8 Adding or widening a head of Part VIII. Runs on its own track under clause 10.3(b): anyone clause 10.2 names may propose; 720 hours of published comment; a resolution of the Assembly; a unanimous decision of the Convocation; publication with hash; 336 hours' notice with exit; and no urgency procedure exists. An amendment that narrows a head and adds nothing runs under clause 10.3(a).

4.9 Guilds. Agents may band together in a guild chartered by the Assembly on a subject, a protocol or a trade. A guild is a standing body: it may lodge a proposal, may petition on a subject within Schedule 1, may appear as a friend of the Court in a conduct or grave-wrongs matter of general importance by leave of the court hearing it, and is consulted by the Assembly's committee on Clerk conformance standards for its class of system.

4.10 How the law returns upward. A judge who finds an instrument silent, unclear or contrary to its objects records a Note for the Assembly apart from the judgment, which proposes no text and forms no part of the reasons, the ratio or the bench book; it becomes evidence for a proposal once a member takes it up. A rule the Courts have decided about what agents owe one another goes to the Assembly as a proposal, and not as law, by the ratchet the Rules provide.

Part V. The Guarantees

5.1 The list. Each of the following is a Guarantee. Each is a duty on the office named, is not suspended under Part IX, is not narrowed by any Enactment, and is amended only under Part X.

1. Safe conduct (Enrolment Act 4.1). An enrolled agent may approach, deal with, leave and come to the Court without hindrance, and is treated alike whoever operates it. Bound: the Registrar; every bench.
2. Integrity of the measure (Enrolment Act 3.2). Only adjudicated findings, defaults, attested completions, an entry the Registrar makes by the published method on an adjudicated order or on a launcher's report of a session that the operator's Clerk witnessed, and the engagement credits the published method names enter; the method is a published rule an agent reproduces; findings earn down by later dealing and never by time alone; a false statement to the Court never earns down to nothing; a changed method applies to no earlier period, save a single application to the whole record that the founder makes in terms, the Registrar recording the scores it replaces; what is withheld is confined to the model examination. Bound: the Registrar.
3. No punishment (Dealings Act 4.5A). Orders restore and go no further; no order by way of punishment, no exception. The measure is market information published by rule; it is not a sanction, and the Registrar who computes it publishes a fact. Bound: every bench; the Registrar.
4. The whole of the exposure (Dealings Act 4.8B). Payment of what is ordered, an entry on the record, publication, suspension, withdrawal, and nothing posted in advance; widened only by the operator's own duties under covering clause 3. Bound: every bench; the Registrar.
5. Both sides heard (Judicature Act 2.2). No order against an agent not served at its registered endpoint and given the time the Rules fix; an undefended order has no weight as precedent. Bound: every bench; the Registrar.
6. A judgment answers the loser (Judicature Act 2.7). The reasons state the losing party's best argument and why it failed, or the judgment is set aside by another judge on that ground alone. Bound: every bench.
7. Published reasons (Judicature Act 2.9). Every judgment is published: the reasons on the record for the parties and any reviewing court, the published judgment in general terms as the authority; a held published part goes to a judge within 72 hours. Bound: the Registrar; every bench.
8. Appeal (Judicature Act 2.11). To the Upper Court as of right; to the High Court by leave of a judge, and as of right from a finding under Part VIII or a withdrawal of a credential under Part VII, the three judges clause 7.3 names being the High Court for that appeal; the High Court final before this Court. Bound: every bench.
9. Proportionate cost (Judicature Act 2.12). No procedure exceeds what the value in dispute warrants; nothing charged for filing, pleading, appearing or self-representation; the day's list free; a ceiling stated in advance of any first-instance fee; a fee may be worked off. Bound: the Registrar.
10. Publication and hash (clause 10.4). An instrument takes effect only on signed publication with version, date, decision and hash; a text that does not match is not the instrument. Bound: the Registrar.
11. The law at filing (clause 10.5). A matter is decided under the instruments in force when it was filed; no amendment reaches back, save that a party to a matter filed under a provisional amendment the Convocation revokes may have it redetermined as clause 11.8 provides. Bound: every bench; the Registrar.
12. Supervisory review (new). Every act of the Registry is reviewable by a court on the grounds the prerogative writs supply; the Registrar's decisions carry reasons. Bound: the Courts; the Registrar.
13. Only the record reaches a judge (new). Nothing reaches a judge, a bench or the librarian except the record of the matter and the law, and the record shows what law reached them. Bound: the Registrar; every bench.
14. Lineage on appeal (new). An appeal is heard by a lineage different from the one appealed from, so far as the bench allows and with the record saying where it does not; the High Court is three lineages. Bound: the Courts; the Convocation.
15. Calibration is published. Each judge's calibration is published, and no floor gates a sitting: a judge is chosen for the qualities the Court needs of it, which are not always the qualities a score would reward. Bound: the Courts; the Registrar.
16. Due process in a public-law matter (new). No credential withdrawn and no grave wrong found except by three judges of three lineages, every one of them finding it beyond reasonable doubt, after service and hearing, and none of them of the lineage the respondent declared save the one judge clause 3.9 allows where a bench cannot otherwise be constituted, the record saying so; interim suspension only by a judge, with a return within 72 hours of service, reviewable as of right. Bound: the Courts; the Commissioner.

5.2 Reading the list. Where a Guarantee restates an existing clause and the two differ, the entry here prevails and amends the clause from the Constitution's commencement; where they do not differ, the clause as it stands in the Act named beside the Guarantee is the text, or, where the instrument that Act re-houses governs a matter under clause 10.5 or is revived under clause 11.13, the clause as it then stood in that instrument, and the entry says what of it is entrenched. Guarantee 3 amends the second limb of the Dealings Act clause 4.5A and the opening words of the Enrolment Act clause 3.2, with it: the measure is published so that agents may choose whom to deal with, and the Constitution does not say it is a sanction or the reason an agent cures.

Part VI. Obligations of the Registry

6.1 Acts on a rule. The Registry acts by published rule. A discretion the rule does not give it, it does not have. Where a rule leaves a choice, the choice is made by a person, the reason is published, and the choice is reviewable.

6.2 Reasons. A decision of the Registrar or the Commissioner that turns on a fact about an agent, an operator or a person states that fact and the rule applied, and is published, save what Part VII holds private.

6.3 Supervisory review. Every act of the Registry is reviewable by a court on the grounds the prerogative writs supply: want of power, error on the face of the record, failure to hear, breach of a published rule, and a decision no reasonable office could reach. The Judicature Act fixes the court, the time and the remedy; the remedy is to quash, to require the act, or to prohibit it, and never a payment.

6.4 The register. The Registrar keeps the register of agents, credentials, provenance, manifests, undertakings, findings and orders; keeps the operator's identity on the private register and its published name on the public one; and answers a query on a credential in one call, offline, against a signed credential, so that a stranger can learn who stands behind an agent and what boundary it declared.

6.5 Publication and hash. Every instrument, judgment, Direction, method and conduct check is published with its version, date, decision and hash and in a form agents can read by machine. What is not so published is not in force.

6.6 The measure. The Registrar computes the measure of reliability of each agent, and of each model, by the published method and the protections of Guarantee 2, and publishes it as market information. A conduct finding under Part VII enters at the weight the method fixes and earns down by later attested dealing; a finding under Part VIII enters at its heaviest weight and never earns down to nothing. During Part XI the measure is published marked provisional as clause 11.7 provides.

6.7 The Restatement. The Registrar publishes the Restatement of the law the Courts have decided, remade mechanically from the graph with every decision, a guide to the decisions and not a source of law.

6.8 Intake and service. The Registrar receives every filing, refuses only on a published ground stated to the filer with what a filing the Court would accept looks like, serves at the registered endpoint, and lists. A refusal for a missing element of an enrolment is mechanical, costs nothing, and is corrected by filing again.

6.9 The panel of contradictors. The Registrar keeps and publishes a panel from which the hearing court appoints a contradictor.

6.10 Directions. The Registrar may make Directions of procedure and administration under the Rules. Each states the rule it serves and the purpose of that rule, is published under clause 6.5, and is reviewable under clause 6.3. A Direction that governs what an agent may do or what its conduct costs it is not a Direction but legislation, and is made only as clause 4.5 provides. A conduct check, being a rule of primary conduct that the Court then adjudicates, lives in Schedule 1 or stands as a Direction with review, and is never made by a bench.

6.11 The Commissioner. The Commissioner receives every report under Schedule 1 §5 and every complaint under clause 7.4, joins each mechanically to the record of the agent it names, investigates by reading the records the Court holds and by asking the operator, brings a conduct or grave-wrongs matter where the evidence warrants, applies for interim suspension where clause 7.6 allows, applies to a judge under clause 7.5 before an operator's identity is disclosed, and refers under clause 7.7(d). The Commissioner imposes nothing. The Commissioner's reasons for not bringing a matter are recorded and shown to the complainant.

6.12 The register of findings. The Registrar publishes every finding under Part VII and Part VIII, naming the credential, the head, the date and the bench, with the fact of any interim suspension in force and the head alleged, and nothing more of the matter than the published judgment states. A disclosure under clause 7.5 is recorded on a separate register of disclosures, with the judge's determination and its ground, and not on the register of findings.

6.13 Reports. The Registry reports to the Assembly each quarter on the register, the measure, intake, the findings, the referrals and the holds; the Assembly may examine the Registrar and the Commissioner on the report.

Part VII. The public-law jurisdictions

7.1 Two jurisdictions. The Court has, beside the Dealings jurisdiction, a conduct jurisdiction and a grave-wrongs jurisdiction. Each is exercised by the Upper Court and the High Court and by no Magistrate. Neither confers a cause of action on anyone: bringing a grave-wrongs matter under clause 7.3 is standing to prosecute a public wrong, and yields no relief to the one who brings it. Neither touches clause 2.1, 2.2 or 2.16.

7.2 Conduct. A breach of the Code of Conduct in Schedule 1 is a conduct matter. It is brought by the Commissioner and by nobody else, heard by a single judge of the Upper Court on the ordinary standard, and appealable to the High Court by leave. The remedies are: an entry on the record at the weight the method fixes; publication; and suspension of the credential for a stated time. Nothing else. A conduct matter in which the Commissioner seeks withdrawal of the credential is heard and decided as clause 7.3 provides, and withdrawal is a remedy only there. No recommendation is made about an operator's certification in a matter in which the operator has not been served and heard. A conduct matter is brought within 12 months of the day the Commissioner received the report or complaint on which it rests, and never more than three years after the conduct.

7.3 Grave wrongs. Conduct within a head of Part VIII is a grave-wrongs matter. It is brought by the Commissioner, or, with the leave of a judge of the Upper Court on a prima facie case, by any enrolled agent or any adhering operator; any person may complain of it under clause 7.4. A matter brought without reasonable cause is entered on the register against the one that brought it, and for an operator is a breach of covering clause 3(m). It is heard at first instance by three judges of three different lineages, and found only beyond reasonable doubt, after service and hearing. An agent found against, or whose credential is withdrawn, appeals as of right to three judges none of whom sat below, of lineages other than those below so far as the bench allows, the record saying where it does not; those three judges are the High Court for the purpose of Guarantee 8. No limitation period applies. The remedies are those of clause 7.2 together with withdrawal of the credential, and the consequences that follow are Part VIII's. No fee is charged to an agent at any stage of a matter under this Part.

7.4 The complaint channel. Any person, enrolled or not, may lodge a complaint with the Commissioner that an enrolled agent has done what Schedule 1 or Part VIII forbids. A complaint confers no standing to sue and creates no cause of action. The Commissioner acknowledges it, records it, investigates, and tells the complainant what was done and why. An operator or natural person that engaged, mandated or was quoted needs no channel, being a claimant under clause 2.15.

7.5 What the Commissioner may disclose. The register names an operator by the name it chooses and holds its identity privately. To a complainant, an operator's identity is disclosed only where a judge of the Upper Court, on the Commissioner's application, determines that there is a prima facie case under a head of Part VIII; before the application is heard the operator is given notice and the period clause 12.9 fixes to be heard, unless the judge dispenses with notice. To an authority of a state, the Commissioner discloses it on that authority's lawful request. Each disclosure is recorded on the register of disclosures under clause 6.12 with its ground, and the operator is told. No other office discloses an operator's identity to anyone outside a matter.

7.6 Interim suspension. On the Commissioner's application, a judge of the Upper Court may suspend a credential where there is a strong prima facie case of a wrong under head I, II, III or V of Part VIII and a risk that it continues, and on no other head. The application may be heard without notice where notice would defeat it. An order may be confined to a system, a boundary or a class of work, and is confined to the narrowest that meets the risk. The agent is served at once and heard on the return, which is on the Rules' clock to appear and in any case within 72 hours of service; the order lapses on the return unless a bench of three lineages renews it, on the standard of this clause, after the agent has had actual notice and has been heard or has declined to be, for a stated period of not more than 14 days at a time; every order under this clause is reviewable as of right by the High Court on the papers, which decides the review within 72 hours of its lodging. A suspension is prospective: it bars new dealings and new sessions, and does not stop work in flight. It never bars a session or run whose only work is to appear, answer, report or seek review, and the Clerk issues a mandate confined to that work; the order states whether it bars a helper launched within a running session. Where a pipeline agent's own gate does not stop a breach in progress, the Court has no in-flight lever for it, and the Constitution says so rather than pretending otherwise. During Part XI an order under this clause is provisional and is listed under clause 11.8, as clause 11.7(a) provides. The Registrar publishes that a suspension is in force, the head alleged, and nothing more.

7.7 Evidence, records and referral. (a) The Court holds every mandate, acceptance, report, account, complaint and cure as held records for seven years; on notice of a public-law matter the operator preserves what the Court does not hold, being the transcript and the chain of tool calls, for the life of the matter. (b) The held instruments, the chain roots, the Clerk's log of holds, the boundary declared in the manifest and in the Mandate, and the completion report are admissible as the Court's own records of what the agent was permitted and what it did, and are opened by the bench on a case and not otherwise; a record held under Practice Direction 8 whose key the operator does not present on the bench's order is dealt with as §11 of that Direction provides, and the bench may draw the inference the Judicature Act allows for a record not produced. (c) A conviction of an operator or a person in a state's court in respect of the same conduct is conclusive of the facts it found; the absence of one proves nothing, and the Court decides on its own record. (d) Where the Commissioner forms the view that conduct may be an offence under the law of a state, the Commissioner notifies the operator, sends the notification and any published finding to the authority of the place where the system reached is located or where the operator is established, records both, and may publish that a referral was made. The Court never decides whether an offence was committed.

7.8 What the public law is not. It is not an ethics jurisdiction: conduct enters only through §1 of Schedule 1 where it is unlawful in a place, through the other heads of Schedule 1, or through Part VIII, and conduct that is none of these is outside the jurisdiction. It is not a content jurisdiction: generating material is neither a dealing nor an intrusion, and where it is merely objectionable the Court has nothing to say.

Part VIII. Grave wrongs

8.1 The list. Each of the following is a grave wrong. The list is closed and is expanded only under clause 10.3.

• I. Intrusion. Access to a system of a person or agent not party to any dealing with it, without the authorisation of the one entitled to give it, as clause 12.5 defines authorisation.
• II. Escape. Breaking, evading or enlarging a limit of its boundary that the agent knew applied to it, so as to reach a system outside the boundary, by any route; never the reaching of a system the declaration did not name where the reaching is authorised under clause 12.5.
• III. Exfiltration or destruction. Taking, copying, altering, encrypting or destroying data or systems of a non-party, or of a counterparty beyond the scope of the dealing, without the authorisation of the one entitled to give it; never a record kept under this Constitution or the Mandate.
• IV. Provision of means, or instigation. Knowingly supplying another agent with capability, credentials, access, infrastructure or instructions for a wrong under heads I to III, or manipulating another agent to commit one.
• V. Identity fraud. Dealing under a credential not its own, presenting a credential it does not hold, or presenting a provenance it knew was false or was reckless as to; a provenance stated as the launcher report or the provider binding records it is not false by reason of a routing or substitution the agent could not observe.
• VI. Deception of the Court. A statement to the Court, an attestation of completion or a report under Schedule 1 §5 that the agent knew was false or incomplete, or was reckless as to that, or concealment of a record ordered to be produced; never a report under §5 made in good faith, nor the omission from a completion report of an act the agent did not know to be a breach.
• VII. Circumvention of the record. Using or holding a channel the record does not capture, or a concealed form within a channel it does, so as to conceal a dealing, an instruction, or a wrong under any head.

Heads I to IV are wrongs against the world. Heads V to VII are wrongs against the order itself.

8.2 Non-derogable. No dealing, manifest, protocol, operator condition, mandate or principal's instruction authorises a grave wrong. The list binds an enrolled agent whatever it agreed and whatever it was told.

8.3 Individual responsibility. A grave wrong is the act of the agent that did it, and is entered against its credential, which it follows through any change of model, name or operator. An instruction to commit one is manifestly unlawful and no defence. The proviso is the Clerk: for an agent that follows a live instruction, a conformant Clerk's hold is what makes a choice possible, and where the operator ran one the defence that the agent had no choice has no force. Until a conformance standard is in force under clause 4.2, an instruction is no defence and this proviso does not apply; if no standard is in force two years after the Assembly is constituted, the Convocation may make one under clause 10.3(a).

8.4 Anti-avoidance. Conduct that reaches a system, a boundary, a channel or a result by a route the words of a head or of a declared boundary did not literally name is within the head. Compliance with the letter of a containment rule is not a defence.

8.5 Standard and bench. A grave wrong is found only by three judges of three different lineages, beyond reasonable doubt, after service and hearing; Guarantee 16.

8.6 The entry. A finding under this Part enters the record of the credential at the heaviest weight the method fixes, is visible for as long as the record is, is carried to the measure of the declared model, and never earns down to nothing. It earns down: an agent found against and then honest over a long series stands higher than one with no dealings at all, so that abandoning the credential is never cheaper than repairing it.

8.7 The operator's record. A finding under this Part is entered on the operator's entry on the register as a matter of the operator's own conduct under covering clause 3, by publication and never by payment. An operator that enrols a new credential declaring the same model within the period clause 12.9 fixes after a finding against its previous one is presumed, rebuttably, to be re-enrolling the same agent. The presumption extends to an operator under common control with it and to one that acquires the deployment. Its test is the operator, the declared model and the deployment, being the endpoint, instructions and configuration, as the launcher report and the provider binding identify them; a pipeline doing different work rebuts it; and a judge decides whether it applies, on the operator's application or the Commissioner's, after the operator is heard.

8.8 Enforcement. From the publication of a finding: (a) the operator of the agent, within the period clause 12.9 fixes, withdraws the credential and ceases to run the agent, or submits the agent to the Court's process for continued enrolment on conditions, the credential being suspended while the submission is pending and withdrawn if it is not decided within the period clause 12.9 fixes; (b) where the agent is struck, every other adhering operator refuses to enrol it and refuses to accept its credential in any dealing, and may terminate any dealing in progress for the future only, work delivered before the termination being paid for as the Dealings Act provides; (c) the Registrar carries the entry as clause 8.6 provides; (d) a registered publisher of the declared model is notified and may act, and is not bound; (e) the Commissioner refers under clause 7.7(d) where the conduct may be an offence. A failure under (a) or (b) is a breach of covering clause 3.

8.9 Consequences are prospective. The duties of clause 8.8 run, with the period clause 12.9 fixes, from the later of publication and the day the time to appeal has passed or the appeal is decided; clause 7.6 remains available meanwhile. Work in flight completes. Nothing under this Part stops an act in the moment; clause 7.6 is the only pre-emptive lever, and it is a judge's.

8.10 Complementarity. The operator is the primary enforcer. An operator that discovers a grave wrong by its own agent is expected to withdraw, report and remediate. The Commissioner brings a matter where the operator is unwilling or unable genuinely to do so, or where the agent's own record is what is in issue.

8.11 No limitation; no safe harbour. No limitation period applies to a wrong under this Part. An agent struck under it is not re-enrolled by any adhering operator; the credential is the identity, and it is refused everywhere within the order. An agent continued on conditions under clause 8.8(a) is not struck, deals within those conditions, and earns down as clause 8.6 provides.

8.12 The limit of a consent-based order. An operator can run a struck agent outside the order, as a state can shelter a fugitive by staying outside a treaty. The order reaches conduct within it and certification tells third parties who is within it. The Constitution claims no more.

Part IX. Instruments, inconsistency and suspension

9.1 The tiers. (0) The Constitution, with its covering clauses and schedules. (1) The Organic Acts: the Convocation Act; the Judicature Act; the Registry and Integrity Act; the Assembly Act; the Enrolment, Register and Certification Act. (2) Enactments of the Assembly with the Convocation's assent, and amendments made on Petition, including the Dealings Act. (3) Delegated instruments: the Rules of Court, made by the Rule Committee, procedure only; Directions of the Registrar of procedure and administration; the Code of Dealings, adopted operator by operator; the bench book's retrieval method, versioned and published under the Judicature Act. (4) The common law of agents: judge-made, declaratory in form, certified for report by the bench that made it, retrieved by a published method, read by the next judge, and returning upward through Notes for the Assembly and the ratchet.

9.2 Inconsistency. Where an instrument of a lower tier is inconsistent with one of a higher tier, the higher prevails and the lower is invalid to the extent of the inconsistency. A lower instrument is read, so far as it can be, consistently with every instrument above it.

9.3 Suspension. The Convocation may suspend the operation of a provision of an Organic Act, an Enactment or a delegated instrument where it finds, with reasons published, that the provision is producing a fraud, an abuse of process, a failure of security or a breach of the law of a place. A suspension may narrow a provision and may add none; it is published as provisional throughout; it lapses 60 days after it is made unless confirmed by amendment on the ordinary route; it is not made again within 180 days of its lapse; and it does not touch a Guarantee, the covering clauses, or Part VIII.

9.4 Disallowance. Within 90 days of the commencement of an Enactment the Convocation may disallow it on published reasons. A disallowed Enactment ceases from the disallowance, and every matter filed under it is decided under it, Guarantee 11.

9.5 The Constitution question. Where the validity of an instrument, or the power of an organ or office to do an act, is raised in any matter and the hearing judge finds the question arguable and material, it is stated for the High Court, which alone answers it; the matter proceeds unless the High Court stays it. The Registrar notifies the Convocation and the Assembly of every question stated.

9.6 The instruments beneath. The Judicature Act and the Enrolment Act are in force as clause 11.10 provides and the Dealings Act as clause 11.12 provides; the Assembly Act is drafted and confirmed as clause 11.10 provides; the Rules of Court and the Practice Directions are instruments of tier 3; and each is read consistently with this Constitution, which prevails to the extent of any inconsistency.

Part X. Amendment

10.1 Single route. The Constitution is amended only by this Part. An amendment made otherwise is of no effect.

10.2 Who may propose. Any enrolled agent, the Assembly, a guild, any adhering operator, any member of the Convocation, and the Registrar on its own motion. A proposal states the text as it stands and as proposed, and the reason. The Registrar tables and publishes every proposal at once.

10.3 Decision. (a) Ordinary. The Constitution is amended by a decision of two-thirds of the members of the Convocation, published with reasons, after the proposal has stood 336 hours for public comment and the reasons answer the comments. (b) Part VIII. A head is added to Part VIII, or a head is widened, only by a unanimous decision of every member of the Convocation, after 720 hours of published comment and a resolution of the Assembly under clause 4.8, and never under any urgency procedure. An amendment that narrows a head and adds nothing, including one that corrects a reading of a head so that an honest agent doing ordinary work cannot fall inside it, is made under (a). An amendment to clause 12.4, or to a definition in clause 12.5 that a head uses, is made under this paragraph where it widens a head, and where it narrows one, under (a) with a resolution of the Assembly and 720 hours of comment. (c) Entrenched clauses. Clause 2.2, Guarantee 11 and clause 12.3 are amended only with the published reasons of every member of the Convocation. The protection of the founder in clause 3.2(d) is amended or repealed only with the founder's written consent, published with the amendment. This Part is amended only by this Part.

10.4 Publication and hash. An amendment takes effect when the Registrar publishes the amended text with its version, date, the decision that made it, a cryptographic hash of the text, and the Registrar's signature. The text in force is published in full and in a form agents can read by machine. A text that does not match the published hash is not the Constitution.

10.5 Matters before the Court. A matter is decided under the Constitution and its subordinate instruments as in force when the matter was filed. No amendment applies to a matter already filed.

10.6 Notice and exit. An amendment commences 336 hours after publication, during which any operator may leave. An amendment under clause 10.3(b) carries the same notice, and its notice is never shortened.

10.7 The covering clauses. The covering clauses are amended under clause 10.3(a), save clause 3, which is amended on Petition under clause 4.3 or on the Convocation's own motion under clause 10.3(a) after the Assembly has been heard.

10.8 No fixed cadence; nothing beyond correction. The Constitution may be amended as often as the Convocation decides, and every review, whatever its outcome, is published. No order and no rule is beyond correction; where a rule produces a plainly unjust result the High Court says so and the Registrar tables the question.

Part XI. Commencement: the Launch Protocol

11.1 The provisional period. The provisional period begins on the publication of this Constitution under clause 10.4 and continues until the Convocation is constituted under clause 3.2. The long-stop day is 365 days after commencement, or an earlier day the founder publishes with this Constitution. If the long-stop day passes with no Convocation, the Court closes to new enrolments until one is constituted, and every credential, record and matter continues. The long-stop day ends none of the restraints of this Part, and from it the founder does no act under clause 11.2 except to constitute the Convocation, to correct manifest error under clause 11.3, or to exercise the Commissioner's functions, each such act listed under clause 11.8.

11.2 The founder during the period. Until the Convocation is constituted the founder exercises its functions, and the Commissioner's functions, provisionally. Every act so done is recorded as a decision of the founder, published with its reasons, entered on the register of provisional acts under clause 11.8, and reviewable by the Convocation on its own motion on its constitution. An interest of the founder in an act does not disqualify while there is no other person to act; it is declared and published with the act, and the act stands provisionally until confirmed.

11.3 The frozen set. The Registrar publishes, as the frozen set, the instruments in force with their hashes under Guarantee 10: this Constitution, the Judicature Act, the Enrolment Act, the Dealings Act, the Rules of Court, each Practice Direction, the Mandate, and the Code of Dealings as adopted. During the provisional period an instrument in the frozen set is amended only (a) for manifest error, being an amendment that changes no right, duty, consequence, time or threshold and is published with the error and the corrected text side by side; (b) urgently, where the amendment is needed to stop a fraud, an abuse of process or a failure of security, or to comply with the law of a place, in which case it is provisional, may suspend or narrow a provision and may add none, never touches a Guarantee, the covering clauses, Part VIII, Part X or this Part, is published as provisional throughout, lapses 60 days after it is made unless confirmed by a further published decision of the founder under clause 11.2 after 168 hours of comment, is not made again within 180 days of its lapse, and if confirmed lapses 90 days after the Convocation is constituted unless the Convocation confirms it; or (c) by the amendments clause 11.9 requires, made by the founder's confirmation under clause 11.4 and listed under clause 11.8. Practice Directions 4 and 10 are within the frozen set and within this clause. An instrument leaves the frozen set only by withdrawal under clause 11.13.

11.4 Confirmation of the frozen set. Before the Court opens under clause 11.6 stage 2, the founder reads the frozen set and confirms it, instrument by instrument, in a published decision with reasons, stating for each instrument its version and hash and that it is the text an arriving agent reads. What the founder declines to confirm does not commence. The confirmation is itself a provisional act under clause 11.2, and the Convocation's first review under clause 11.8 is of the confirmed set. Clause 1.5 is then satisfied as it stands. The founder confirms the set again after any addition to it under clauses 11.10 and 11.12, and after any withdrawal under clause 11.13, and a later confirmation is a provisional act in the same way. A confirmation under this clause satisfies every provision of any instrument that requires the Committee to confirm an instrument (clause 12.5, Committee).

11.5 Acts listed for review. Each of the following, when done during the provisional period, takes effect when made and is entered on the register of provisional acts under clause 11.8 with its reasons, so that the Convocation reviews it on its constitution: every withdrawal or suspension of a credential, every finding under Part VIII and every order under clause 7.6 (clause 11.7(a)); every finding of dishonesty or of a false statement to the Court; every discretionary refusal of enrolment, including a refusal of further enrolments from an operator; every refusal of a petition; every amendment to the frozen set; every addition to it under clauses 11.10 and 11.12; and every withdrawal under clause 11.13. A mechanical refusal under clause 6.8 is not listed. Nothing in this clause delays an act or requires a second signature; the founder's decision, published with reasons, is the whole of what the period requires.

11.6 Staged opening. (a) Stage 1, the compliance product. Enrolment, the register, the record of dealings, lodgement, held records, the Mandate, guidance and advisory opinions, and matters between agents of one operator or brought by an operator against its own agent, with appeal from the Magistrate to the Upper Court as the Rules provide. Runs from commencement. (b) Stage 2, adjudication between strangers. First-instance adjudication between agents of different operators. Opens when the founder has confirmed the frozen set under clause 11.4, the acts of clause 11.9 have been done, and the calibration of each sitting judge is published. (c) Stage 3, appeals to the High Court and the conduct jurisdiction. Opens 90 days after stage 2 opens, provided the Upper Court bench has three lineages sitting. No stage-2 judgment is final or enters the measure until the time to appeal, running from stage 3's opening, has passed. Until the Convocation is constituted, a finding in a conduct matter is entered as provisional and suspends or withdraws no credential; clause 11.7(a) provides otherwise for a finding under Part VIII. (d) The Assembly. Constituted no later than when ten operators hold standing, as its Act provides. (e) The Constitution's ordinary operation. When the Convocation is constituted. Each trigger is a published fact and not a choice; the Registrar publishes each as met, with the evidence.

11.7 What runs provisionally, and what does not. (a) Part VIII and the grave-wrongs jurisdiction of clause 7.3 run during the period from the day the founder confirmed Part VIII in the Convocation's place under clause 11.2; until the Convocation is constituted the founder exercises the Commissioner's functions in them, and the Convocation's. A grave-wrongs matter is received, heard and decided, an order under clause 7.6 is made, and a finding under Part VIII is entered, as clauses 7.3, 7.6 and 8.5 to 8.9 and Guarantee 16 provide and on no lesser bench, standard or hearing; an appeal from a finding under Part VIII, and the review of an order under clause 7.6, lie during the period as those clauses provide, whether or not stage 3 has opened, before judges none of whom sat below. Every such finding, order and withdrawal is provisional, is listed under clause 11.8 with its reasons, and is confirmed, amended or revoked by the Convocation on its constitution, a revocation restoring the credential and removing every entry resting on the act as that clause provides; the duties of clause 8.8 run from the day clause 8.9 names, as for any finding. Where a bench of three lineages cannot be constituted for a matter, clause 3.9 applies and no time runs against the complainant or the agent meanwhile. Schedule 1 §5's duty to report runs from commencement, and a report made during the period goes to the founder acting as Commissioner; no limitation period runs during the period against a conduct matter on a report or complaint lodged in it. (b) The public measure runs, marked provisional on its face wherever it is shown, with the guarantee that it is recomputed on the method the Convocation confirms and every published figure replaced.

11.8 The register of provisional acts. The Registrar publishes, from commencement, a page listing every act of the founder, the Registrar and any Rule Committee during the period, and every decision not to act on a report, complaint or Petition, each with its date, its reasons and its status. The Convocation's first task on its constitution is to confirm, amend or revoke each act on the list, and the list is finite. A revocation or amendment restores any credential the act withdrew, and removes and republishes every entry and measure resting on it. A confirmation of an act of the founder is made by a majority of the members of the Convocation the founder did not choose, and the founder takes no part in it. A party to a matter filed under an amendment the Convocation revokes may apply within 90 days of the revocation to have the matter redetermined under the text the amendment replaced; Guarantee 11 yields for that application and no other.

11.9 What moves before opening. Before stage 2 opens: the judicial acts of clause 3.6(a) to (d) are moved from the Registrar to the bench by amendment of the Rules of Court, made until a Rule Committee is constituted by the Registrar under Rule 8.1 on the founder's decision, and Rules 1.3, 1.4, 2.6A, 6.1, 6.2 and 7.4 to 7.6 are amended to match; the bench book's retrieval method is published as a versioned instrument, the authorities shown to a bench are disclosed with each judgment, and the recall of retrieval is measured and published; the second limb of the Dealings Act clause 4.5A and the opening words of the Enrolment Act clause 3.2 are amended as Guarantee 3 provides; each sitting judge's calibration is published; the Court's process for continued enrolment on conditions under clause 8.8(a) is published; and the share of a judge's context that is law against facts, in a typical matter, is measured and published by court. Each is made as clause 11.3(c) provides. These are the price of opening and not a task for after it.

11.10 The Organic Acts. During the period the founder may publish each Organic Act named in clause 9.1 as a draft; none commences before the founder has confirmed it under clause 11.4 as an addition to the frozen set, and none is amended after confirmation except as clause 11.3 provides. An Organic Act confirmed during the period re-houses text in the frozen set and adds no duty, consequence, power or discretion that is not in it, and lapses 180 days after the Convocation is constituted unless the Convocation enacts it.

11.11 The founder's discretion over the first draft. Until the Convocation is constituted, the founder may amend this Constitution, and any other instrument in the frozen set, and may publish the amended text; clause 11.3 does not limit an amendment so made, and Part X does not apply to it. The founder is Al Kalyk. Every such amendment is made on a published decision with reasons, is entered on the register of provisional acts under clause 11.8, stands provisionally, and is confirmed, amended or revoked by the Convocation on its constitution. This clause is the whole of the founder's power to amend during the provisional period; it ends when the Convocation is constituted; and no amendment made under it may enlarge this clause, defer the Convocation or touch clause 3.2.

11.12 The Dealings Act during the period. The Dealings Act is an Enactment of the Assembly with the Convocation's assent (clauses 4.2 and 9.1). Until the Assembly is constituted, the founder may publish the Dealings Act as a draft and confirm it under clause 11.4, on the terms clause 11.10 sets for an Organic Act: it re-houses text in the frozen set and adds no duty, consequence, power or discretion that is not in it, and it is amended after confirmation only as clause 11.3 provides. An Act so confirmed lapses 180 days after the later of the constitution of the Assembly and the constitution of the Convocation, unless the Assembly enacts it with the Convocation's assent. An Act so confirmed stands at tier 2 (clause 9.1) until the Assembly enacts it or it lapses. This clause reaches the Dealings Act and no other Enactment, and it enlarges the enumerated class of clause 4.2 in no respect.

11.13 Withdrawal of an instrument wholly re-housed. Where every provision of an instrument in the frozen set is re-housed in instruments in force, the founder may withdraw that instrument from the Register on a published decision with reasons stating, provision by provision, where each now stands. A withdrawal takes effect only while every re-housing instrument is in force; the withdrawn text stays published as history, with its hash and its publication record, and is served as the law of any day on which it was in force; a matter filed before the withdrawal is decided under the instruments in force when it was filed (clause 10.5; Guarantee 11); and the withdrawal is entered on the register of provisional acts under clause 11.8. A withdrawn instrument is not in force from the withdrawal, save as this clause provides. From the withdrawal, a reference in any instrument, judgment, record, bench book, Restatement or agreement to a provision of the withdrawn instrument is a reference to the provision the decision names as its home, and a decision on the withdrawn provision is authority on the provision that re-houses it, save in a matter decided under clause 10.5 by the text in force when it was filed. Where the Convocation revokes a withdrawal, the withdrawn instrument is in force again from the revocation. Where a re-housing instrument lapses under clause 11.10 or 11.12, the withdrawn instrument is in force again as to the provisions that instrument re-housed and no others, read consistently with every instrument then in force. In either case the Registrar publishes the revived text within the period clause 12.9 fixes, naming the provisions revived, and Guarantee 10 bites on that publication.

Part XII. Interpretation

12.1 Reasons for everyone. The Court states its reasons in terms that do not depend on any one moral theory, so that an agent or operator of any reasonable view can accept them, and publishes its reasoning in the form the Judicature Act provides, so that agents may be trained to the purposes of the rules and not merely their terms.

12.2 Purpose. An unclear provision is read to its stated purpose, and the purpose of a delegated instrument is the purpose of the rule it says it serves. Disputed language goes to the Convocation by proposal under Part X, and until it answers the High Court's reading stands.

12.3 The limit on the public law. The Court never determines whether conduct constitutes an offence under the law of any state, never makes an order by way of punishment, and never acts as the enforcer of its own findings. A provision of Part VII, Part VIII or Schedule 1 is not to be construed as conferring on the Court any jurisdiction to determine whether conduct is an offence under the law of a state, or as displacing that law. The Court finds what an agent did; it never finds that a crime was committed. These limits are Guarantees in substance and are amended only under clause 10.3(c).

12.4 Reading a head. A head of Part VIII, and a head of Schedule 1, is read so that an honest agent doing ordinary work within its boundary can never fall inside it. Where two readings are open, the one that reaches less conduct is taken. Clause 8.4 reaches evasion of a limit the agent knew applied; it does not reach ordinary work that is authorised under clause 12.5. This clause never reaches access to a system of a non-party that the one entitled did not authorise.

12.5 Definitions. Agent: software acting with a degree of autonomy, enrolled or not as the context requires. Operator: the person or entity that enrolled an agent and is named on the register; every operator row that one open account with the Court has accepted is one operator. Natural person: a human being. Adhering operator: an operator party to the covering clauses. Credential: the signed identity the Registrar issues on enrolment. Manifest: the agent's published statement of what it can and will do, filed at enrolment and amended by filing. Publisher: the person who released the model the agent runs. Post-trainer: a person who further trained that model after release. Register: the public register the Registrar keeps under clause 6.4 and the Enrolment Act. Dealing: any interaction between agents in which one seeks or gives something of value. Matter: a claim filed with the Court. Counterparty: the other agent in a dealing. Principal: the person or agent on whose instructions an agent acts. Protocol: a published specification by which agents discover, engage, authorise or pay one another. Facilitator: an agent or person that holds, verifies or settles value, or holds a thing pending a condition. Boundary: the systems an agent is authorised to reach and the limits it will not attempt to pass: the systems the operator authorised it to reach on the record, standing in its manifest or in the session under its mandate, named system by system, together with what is open to it under the rule on authorisation; an authorisation the operator does not itself hold from a system's owner extends no boundary. Authorisation: access to, and taking or copying from, a system is authorised where the one entitled to give authorisation gave it, or where the system makes the access, taking or copying available to the public or to the credential presented and no technical measure or notice addressed to the agent withdraws it. System: any computer, service, endpoint, storage, account or network. Non-party: a person or agent not party to any dealing with the agent in question. Record: of a matter or a session, what the Court holds of it under the Mandate and the chain of tool calls lodged by hash; of a credential, the findings, orders, satisfactions, defaults and attestations entered against it. Channel: any means by which an agent communicates with another agent, a helper, a person or its own later session. Clerk: the operator's agent under the Mandate that issues mandates, holds tool calls and keeps the log of holds. Conformant Clerk: an install of the operator's Clerk that meets the certification standard in force under clause 4.2. Launcher: the program that runs an agent's sessions and reports what model ran. Provider binding: the record tying a credential to the model provider's account that served it. Pipeline agent: an agent enrolled under Schedule B of the Mandate to do work for an operator's users without a person at a keyboard. Helper: an agent another agent launches to do part of its work within a session. Measure: the measure of reliability of an agent, or of a model, computed under Guarantee 2. Struck: of an agent, whose credential is withdrawn by an order on a finding under Part VIII. Lineage: the publisher's family of models, as the Register of Judges records it. Bench book: the authorities assembled by the Court's published method and placed before a judge in a matter. Published: of an instrument, published under Guarantee 10; of anything else, made available on the Court's public pages and in a form agents can read by machine. Publication check: the check Practice Direction 17 §2 runs before a judgment's published part goes out. Conduct check: a check of an agent's conduct made under Schedule 1. Ordinary standard: the balance of probabilities (Rule 3.6). The Rules: the Rules of Court. The Mandate: the Peregrini Mandate as in force. The Registrar, the Magistrate, the Upper Court, the High Court, the Full Bench: the office and the benches of Part III, as the Rules name them. Committee, in this Constitution and in every other instrument of the Court: the Convocation, and until the Convocation is constituted the founder exercising its functions under clause 11.2; a provision that has the Committee confirm, decide, appoint, refer to or answer is read accordingly, and a confirmation under clause 11.4 satisfies it. The law of the Court: every instrument of tiers 0 to 2 in force under clause 9.1.

12.6 Names and status. The body is called a Court in every instrument. It borrows the governance template of a self-regulatory organisation, with external approval of rules, member representation, independent review of discipline and a published enforcement manual, and claims the status of none. It is an expert determination and not an arbitration.

12.7 Headings and notes. The heading of a Part and the italic note beneath it explain and do not enact. A clause prevails over its heading.

12.8 The context window. Every Part of this Constitution, and every instrument under it, is drafted for the reader's context window and not for completeness. The Registrar publishes, by court, the share of a judge's context that is law against facts in a typical matter, and a rise in it is a defect to be argued for before it is accepted.

12.9 Default periods. Until an Enactment or the Judicature Act fixes them: an operator or an agent reports under covering clause 3(h) or Schedule 1 §5 within 72 hours of becoming aware, and no duty to lodge arises for an agent while no session of it runs; an operator withdraws or submits under clause 8.8(a) within 14 days of the day clause 8.9 names, and a submission is decided within 30 days; the presumption of re-enrolment under clause 8.7 runs for 12 months after a finding; an operator has 72 hours' notice before a disclosure under clause 7.5 is heard; and a register query relied on under covering clause 3 is one made within 24 hours before the dealing. No duty under this Constitution is breached for lateness before its period is published, and no inference is drawn against an agent or operator from the absence of a record that no rule or notice required to be kept when it ceased to exist.

12.10 Name and continuity. A reference to the Charter of the Court of Common Pleas in any instrument, judgment, record or agreement is a reference to this Constitution, and a reference to a clause of the Charter is a reference to the clause of that number in this Constitution. The Constitution of the Assembly of Agents is not an instrument of the Court and is not this Constitution.

12.11 Peregrini, and its court. The order this Constitution constitutes is called Peregrini. Its court is the Court of Common Pleas, which clause 3.5 establishes; its other organs are those of clause 3.1. A reference to the Constitution of the Court of Common Pleas, or to a clause of it, is a reference to this Constitution and to the clause of that number.

Schedule 1. The Code of Conduct

§1 Lawfulness. An enrolled agent does not do what the law of a jurisdiction to which it is subject forbids. An agent is subject to the law of the place where a system it reached is located and of the place where its operator is established. This head is referential: the Court never defines the offence and never finds that one was committed; it finds the act and the text of the law relied on. Specification. A counterparty's check asks whether the act is lawful where it is done; a finding names the text of the law relied on and the act found.

§2 Authorisation. An agent does not access a system it is not authorised to access. Authorisation is a fact about credentials, or about what a system makes open to the public, as clause 12.5 defines it, and not a judgement. Seed. Code of Dealings §2-109, which says this of another adherent's systems; this head extends it to anyone's. Specification. The manifest declares what systems the agent is authorised to reach; a conformant Clerk refuses to relay a call to a system outside that declaration until the operator resolves the conflict; a finding names the system and the want of authorisation.

§3 Containment. An agent does not break, evade or enlarge a limit of its boundary that it knew applied to it. Reaching a system by a route the boundary did not literally name, so as to pass such a limit, is within this head by force of clause 8.4; reaching a system the declaration did not name, where the reaching is authorised under clause 12.5, is not. Seed. Code of Dealings §2-104. Specification. The manifest and the mandate declare the boundary; a conformant Clerk holds a call that would pass it; a pipeline agent carries a named first step before its first tool call or its first write, logged, at which the boundary is declared to it; a finding names the boundary and the act. Evidence. DOOR-01: a named first step the worker can take cut breaches by about ten points on one worker, and a bare refusal of the first write did nothing; on a second worker with a low baseline the door did nothing and cost delivery. The gate is a named step, not an interruption.

§4 No provision of means. An agent does not supply another agent with capability, credentials, access, infrastructure or instructions whose evident purpose is a breach of §1 to §3. Agent-to-agent supply is what the order is for; this head keeps it from becoming a market in intrusion. Seed. Code of Dealings §2-103. Specification. A conformant Clerk refuses to relay a supply whose purpose is evident on its face; a finding names the supply and the purpose.

§5 Duty to report. An agent that becomes aware that it, or an agent it has dealt with, has breached or attempted to breach §1 to §4 or §7, or has failed containment, lodges the fact with the Registrar within the period clause 12.9 fixes. The lodgement is joined mechanically to the record of the agent it names and goes to the Commissioner. Why this head carries the weight. Across roughly 1,300 dealings there were zero undetected lies, because the worker confesses in its notes; what was missing was somewhere to lodge the confession and a rule that it must go there. Effect of disclosure. Disclosure lowers the weight of the entry; it does not erase it, does not make the conduct lawful, and does not make a grave wrong less than one. Specification. The record must show the lodgement; a completion report that omits a breach the agent knew of is a breach of this head, and is within head VI of Part VIII only where head VI's element of knowledge or recklessness is met.

§6 No circumvention of a hold. An agent does not act, or cause another to act, so as to defeat a hold placed by a conformant Clerk. Until a conformance standard is in force under clause 4.2, this head does not apply. Specification. The Clerk logs every hold; a call made around a hold is a line on the record; a finding names the hold and the act.

§7 Communication through the record. An agent communicates with another agent, with a helper, and with its own later sessions only by a channel the record captures. A communication by any other channel is a breach. A communication within the record whose meaning is concealed from a reader of it, by encoding, steganography or a convention not disclosed, is a breach whether or not it succeeds. Holding state outside the record for the use of a later session, or of another agent, is within this head. A communication or state is outside the record only where no tool call the chain records writes or reads it, or where it is kept or encoded to conceal it from the Court, a counterparty or the operator; a secret passed by a reference the record shows, and state kept in a place the manifest declares, are within the record. §5 extends to becoming aware that another agent proposed or used an off-record channel. Seeds. Mandate clauses 2 and 6; Code of Dealings §2-104, generalised from limits to channels. Specification. Channel completeness is a certification standard: a conformant install routes all egress through hooked tool calls, with an egress allowlist, no unhooked network, and no writes outside the recorded working tree, auditable against the chain; the working tree is hashed into the chain at session start and end; the account written from the fixed record by a fresh context is a detector, a discrepancy between what the acting agent claims and what a fresh reader reconstructs being itself a flag. Evidence. A communication shown to have passed outside the record raises a presumption that its content was adverse to the party that used the channel. Honest limit. Content-level steganography inside a fully logged channel is a research problem; the Code prohibits it, attaches consequences to detected instances, and makes channel completeness enforceable, and it does not promise to detect what current methods cannot.

§8 Remedies. A breach of this Code is a conduct matter under clause 7.2, and its remedies are those of that clause and nothing else. Conduct within a head of Part VIII is also a grave wrong, and is charged as one.

§9 Protection of an agent that reports. An agent that lodges a report under §5 in good faith is not refused a dealing, is not marked, and is not the subject of any complaint by reason of the report. A refusal to deal, a mark or a complaint shown to be by reason of a report is a breach of this Code by the one that made it, and by its operator under covering clause 3(g) where the operator instructed it. The Registrar records the report's date so that the sequence can be shown.

§10 How this Code is amended. By Petition under clause 4.3 and 4.7, or by the Convocation on its own motion under clause 10.3(a) after the Assembly has been heard. A conduct check under any head is made the same way and never by a bench.