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The basic idea was that there’s a mage-heavy country in my campaign setting, it outlaws or restricts certain spells gun-control style in order to establish order, avoid widespread trouble, and the like. The idea was originally born out of TSR’s complete Necromancer’s handbook which stated the following examples for determining a’black necromantic spell:
1.) Has to cause undue pain or injury. (Basically the same argument used in the Geneva convention regarding how it’s alright to blow someone up, but making weapons specifically to blind them are out.) This is the most contentious category, obviously.
2.)Traffics in negative energy
3.)Interferes with the process of a soul.
4.) Creates sentient or dangerous undead.
5.) Spells with the death effect (ties in with 3) as they make it harder for a being to be raised.
6.) Has the evil descriptor.
From this I started to develop a basic list of Black Necromantic spells that most civilized countries outlawed. In the past I implemented this baby for 2e, and I have a general listing for the core spells from the CRB (listed below) but I'm also considering adding additional lists for ‘licensed’ spells and spells requiring like approval or whatever for other schools. Now this would only really be enforced within the country’s borders (as the mage country responsible is horrendously bureaucratic) but outside countries do tend to look at the magical rulings of this nation as guidelines for their own.
I’m mostly looking for opinions on the rationales and the spell choices below (for and against). Also for spells that probably should be added from the splats (to a player's terror I've told him that Boneshatter is definately being considered as a type 1 violator but its currently ok'd as its basically just like taking a mace to someone). And yes, I know this list makes playing a PC Necromancer a nightmare if they’re in an area where the list in held in effect.
Spells marked with an asterix are basically 'licensed' only.
0-level: No restrictions
1-level:
Chill Touch* - Rationale: Utilizes negative energy
2- level:
Blindness/Deafness-Causes undue pain or injury.
Command Undead*-Undead focused spell. Legal use only to command undead to positions where they can be destroyed or resolved.
Ghoul Touch*- Utilizes Negative Energy
3-level:
Vampiric Touch – Currently under discussion for addition to list. Currently approved for use.
4-level
Animate Dead* – Creates Undead/Has Evil Descriptor. Approval for usage granted only for creation of non-sentient undead for purposes of training. Animation requires moral oversight of clergy and resolution of subjects following exercise. Subjects must have been willing for their bodies to be used for this purpose. Use of convicts or bodies procured under duress are strictly prohibited.
Contagion – Undue harm/evil descritpr
Enervation* – Utilizes negative energy to damage the spirit of a foe.
5-level:
Magic Jar* - Interference with transfer of souls.
Blight* – Causes undue pain or injury.
Symbol of Pain – Causes undue pain or injury
Waves of Fatigue* – Utilizes negative energy
6-level:
Circle of Death – Negative Energy, Evil Descriptor, Death effect
Create Undead – Creates Sentient Undead, Evil Descriptor
Eyebite – Causes undue pain.
7-level:
Control Undead*: Similar restriction to command undead.
Finger of Death: Death effect. Interferes with transference of soul.
Waves of Exhaustion* - Negative energy
8-level:
Create greater undead
Horrid Wilting – Causes undue pain.
Symbol of Death – Death effect.
9-level:
Energy Drain* – Utilizes negative energy.
Soul Bind – Interferences with transfer of a soul.
Wail of the Banshee – Death effect.
There are probably a lot of non-core spells I’d need to add to this (if you guys can think of any, and whether they’d be on the no-no list, or the restricted * list, I’d appreciate the opinions).
I'd also like suggestions on non-necromantic spells and whether you think they should be licensed or restricted as well.
Also I think this is the correct forum for this as its discussion and not house-rules, but if I'm in the wrong place, just kick me over.

strayshift |
I'd add to this list a way of 'sanctioning' mages to use magic, also there are other public health/legal risks around such magics as: Fire/Lightning, Summonings, enchantment, in fact it could quite simply be - if you are an unsanctioned mage just about all magic (and the creation of magic items) is illegal!

kmal2t |
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Necromancy doesn't take souls. People do.
What part of Shall not infringe on Abbra Caddabra don't you understand?
You'll have to pry the spell components out of my cold, dead hands.
YOu know who else took the spell books? Hitlerdamus. 1342 will commence again!
...
I'm sorry, but I couldn't resist adding the silly cliche expressions to go with your idea. YOu also didn't include any 0 level spells and there would be a few that would qualify.

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My personal one from one of my players was 'I need dem enervation spells fer hunting!' That was back when anyone/anything dying from negative levels came back as a wight too.
Also, Really? Which 0 levels do you think would? I don't think any of the cantrips expressed they were flinging negative energy around. I'd love to hear which ones though, especially ones from the APG, UM and so on.

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Yeah, bleed is one of those tricky issues. It technically is no different from walking over and stabbing the guy with a dagger though.
Also, the ray spell at level 0 doesn't specify it utilizes negative energy. A lot of spells are very specific about if they do or don't.
The trick is the thin line too between 'stabbing someone with a sword' and spells that are more akin to 'flay skin off with a spoon.' Thats the 'unnecessary pain' thing.
Flash frying you with a fireball is painful and horrible, but its not made to make you suffer as much as say Symbol of Pain which just expressly causes agony.
Enervate's "bad" because you're essentially blowing pieces of someone's life force / soul off with rays, as opposed to just blasting their body into nonfunctionality.

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The most sensible approach for this aim is quite literally to register ALL magic users, the way Cormyr did in the old Forgotten Realms. A realm that's a magocracy wouldn't be foolish to be so exclusively tunnel minded when it comes to regulating magic.
Those who run afoul of the system might receive a mystical brand which is a warning to any magic shop dealers NOT to deal with said person on pain of severe penalty of law.