Twix Family/Fey/Trial
It is a bright, hot and dusty day in Melhed. The general populace is bustling about, selling their wares, doing their laundry, even attempting to put a keystone in the new bridge across the Great North River. The hustle and bustle is echoed in the government buildings in Agyr, where the debate of the deathly duel between Hagalaz Futhark and Premysl Otakar has been raging for several days nonstop. It is early afternoon...
Fey, trailed by several scribes piled high with scrolls, enters the Senate quietly and deliberately. She steps slowly through the room with just a whisper of sound, noting the chatter about her with a shake of her head. From where you are sitting it looks like she has either just seen a ghost, or is nursing a massive migraine.
She makes her way to the front of the council's chambers to her seat near the Prime Minister, and gestures for the scribes to deposit their loads on the table. When they've all been put down, the scrolls form a heap that obliterates her chair completely from view.
The short Justiciar ignores her chair and steps to one side of it, long braid swinging with the motion. You note her every action, as all other movement in the chamber seems to have ceased. Even the Forum's section, a balcony of seating above and to the edge of the Senate, has become hushed. The silence is almost deafening; the chamber had been filled with riotous levels of noise for nigh on a week, since the duel of Premysl and Hagalaz.
All have a clear view of the young Judge as she begins to speak.
"It is time for this debate to cease." her voice rings out strongly through the large room. "I have with me all correspondences, notes, scribbles, reports, and banter from the realm in the last week. The Laws have been weighed in depth and breadth, and all realm members' contributions considered." She sighs.
"This is most likely going to be a lengthy session, I will warn you now. For that reason I am calling a short recess, that you may all have adequate attention and alertness for the matter at hand. Also so any who are not present have time to arrive. All have been notified. Go get what you need to sustain you. The Senate, and whatever Forum members wish to observe the proceedings, will reconvene again in one half hour."
An air of expectation fills the room as people start filing slowly to their seats in the Senate and Forum. Fey nods to each in turn as they look her way, all curious to know how the long-debated matter will be settled.
The tower of scrolls on the desk has been edited, a large pile now stands on the floor behind the table, with two dozen or so still in front of the Senator, so she can sit without disappearing. She nods to Morgan as he dashes in, red-faced and dusty, to take his seat to the other side of the Prime Minister. Duke Kokomaro saunters in, chatting with a couple other Senators, each holding several scrolls. The Justiciar notes that some other nobles have also brought scrolls along, some apparently well-read, others blank and accompanied by quill and ink bottle.
“Alright, lets get this over with,” she says to herself, closing her eyes for a moment before standing to face the assembly.
“Ladies and Gents, Nobles of Melhed, please be seated. I will now be presenting to you the case of the much-debated Death Duel between one Premysl Otakar and one Hagalaz Futhark, both Nobles of Melhed.” She pauses to unroll a scroll in front of her, beaten and yellowed. Clearing her throat, Fey continues.
“First, I would like to call attention for you all to the fact that this is not, in fact, a trial.” The crowd begins to murmur at this, and she pauses until silence returns. “Thank you. I am sure that you are all tired of having Laws quoted at you from every direction, interpreted and misinterpreted, for better or for worse. They are the Laws that we all abide by, and they apply to every citizen equally. They are posted throughout the Realm for all to see whenever they see fit. Now, knowing full well that you are all sick of them, I must begin this hearing by quoting one more.
“Nobles of Melhed, I draw your attention to Melhed Court Law number 8. It states ‘For matters where the guilt of a person is without question, having been caught in the act of malicious action with forethought, no trial need be brought to the realm and the Justicar may decide based on the laws’.
“This does Not mean, however, that I have not given thought to all of your comments, opinions, and interpretations. It simply means, that at the end of this hearing, when all the facts have been heard and the Laws told, there will be no Senatorial nor Forum vote on the matter. Its verdict will stand as closed, once and for all.
“I can hear you all shuffling now, and I know you just want the verdict. Curiosity is an essential human nature. However patience is also in human nature, and as nobles you must be possessed of some patience, for it is necessary to be patient to be polite.
“All facts must be laid before you before the verdict, that you all grasp WHY each decision was made, and perhaps gain some understanding of those things we call Laws that are supposed to run the place.
“Melhed, its Senate and Nobles, have long strove to be the most fair and just ruling party in all the world. We have a ruling system admired and mimicked by many countries. They apply to each and every citizen. No exceptions.” She pauses to look towards the Forum. “The Senate and Council do not play favourites. We have been elected for our capacity to serve the realm in a just and fair manner.
“Now, with that disclaimer, I hope all your fears of injustice being served have been put aside.” She unrolls the yellowed scroll in front of her fully and turns it to drape over the front of the desk, legible to all in the Senate.
“In case any of you may have forgotten anything, this is the full, original draft of our Laws. They will sit here that my wording may be verified.”
“The charge facing Hagalaz Futhark is intending to kill and killing a realm mate. As you all well know.
“The Law applicable in this case is Tort Law 6, as you can see below, stating ‘If one has maimed another and does not buy his peace, let there be retaliation in kind whether by the wronged or the Justicar depending on the need. Should no agreement be reached the Justicar may assign the fee.
“There has been considerable debate over this statement. The intent of this law was to make it less likely that anyone would ever attempt duels to the death or assassinations within the realm, with the penalties being so severe. Hagalaz considered himself wronged to the point of desiring the highest price to right it, as stated in his own message to the realm issuing challenge to Sir Premysl, who accepted. The ensuing facts are as follows:
1) Sir Hagalaz maimed another realm mate, in this case with a sword
2) No waiver was sent to duel seconds or the realm to approve the settlement of the duel as the settlement of the matter
3) The injury resulted in death of one Premysl Otakar
4) There has been no agreement settled between the two, as at present only one member of the argument is present to say the matter is settled.
5) As the matter has not been settled, there must be retaliation in kind, in this case by the Justiciar as the wronged cannot act in his own stead.
She pauses in the silence that follows these statements, then flinches as the entire room erupts into chaos. Andrew Waltfield bursts in with servants dressed as tigers and tosses knives around, Aldo stands as though to call for the Old Guard, Dyan throws paper, Hagalaz jumps up in the Forum declaring his innocence…
In the midst of it all Fey jumps upon the table, scattering scrolls.
‘SILENCE!’
The little Judge’s voice booms with the weight of weeks of endless frustration, startling the room back to quiet.
“This. Is. NOT. A. Trial.” She states loudly, with a pause between each word for emphasis. “It was explained earlier why, so talking at this point will serve no purpose except making the verdict take longer to be announced. So Sit. Down.”
She follows her own command, stepping with dignity down to her chair, then the carpeted floor. The room gradually sits, with some muttering. Gathering her scrolls back into a pile, she continues.
“Now. If I may, without interruption?” There are various unhappy glances around the room, but most are nodding.
“Good. Now, with the facts as stated above, it follows that there is to be a verdict, and a punishment. The verdict has been determined BY LAW, and law alone.
“By the Tort Law 6, Sir Hagalaz, who inflicted death by injury on one of his own realm mates, is…
She stops, hanging her head, then looks up to meet the eyes of the waiting citizens. “… to be subject to the same injury as suffered by one Premysl Otakar.” She looks to the stands above, to meet the eyes of an infuriated Hagalaz with her own, tear-filled ones.
“I am sorry, Hagalaz. The Laws are clear.
“As a Noble of the Realm, Hagalaz Futhark, you are hereby requested to abide by your honour and submit yourself to receive the punishment as annouced this day in Senate. Should your actions prove dishonourable, a ban will be placed upon your head, and the verdict enforced by officers of the Law.” She pauses. “There is, however, a clause that may give you equal measure of hope and despair in this case, Sir Hagalaz. A further term on this verdict: In the Court Law 5 it states, ‘Only a landowner can offer collateral for another landowner. But any civis (citizen) can offer collateral for a civis’. Sir Hagalaz is not a landowner, but Premysl Otakar was. In this case, Hagalaz’ punishment is insufficient to cover the debt left by his injury to the landowner Premysl. Thus, Hagalaz’ Lord, who is indeed partially responsible for his actions, and whom Hagalaz swore loyalty to, is indebted as equal retribution to cover the loss of a landowner.
She watches as Kokomaro turns several shades of red, and one of purple. “I am sure you realized this at some point, Sir. The part I was stuck on is what happens to the offender if someone else is covering their debt. The Law is not clear on transferrance of responsibility, a matter which should be dealt with soon in the Senate.
“It is difficult, and no answer seems like the right one, for the Realm is destined to suffer no matter what route is chosen. I must uphold the law.
“ I hereby ordain that Duke Kokomaro must stand for his knight’s actions, as equal collateral for another landowner, and being directly responsible for Hagalaz Futhark. “As a Noble and Senator of the Realm, Duke Kokomaro Rogala, you are hereby requested to abide by your honour and submit yourself to receive the punishment as annouced this day in Senate. Should your actions prove dishonourable, a ban will be placed upon your head, and the verdict enforced by officers of the Law.
“Sir Hagalaz Futhark is still indebted to the realm. Although by Kokomaro’s honourable sacrifice his debt to Premysl Otakar will be paid, Hagalaz must be punished for bringing an unfounded claim of a set bounty upon his head as proof enough to seek another realm mate’s head. This is covered in Tort Law 3, ‘Someone who has brought a false claim to the Justicar, and does not buy the peace of the accused, shall be brought before the judge, and shall pay a double penalty’.
“The peace of the accused, as earlier stated, cannot be bought for obvious reasons. Sir Hagalaz has alleged that the bounty amount set upon him by one Premysl Otakar amounted to the sum of 100 gold pieces. As all know, Bounties are completely and utterly anonymous, and thus there is no way by which Sir Hagalaz could have gathered this information. I hereby declare that double this value be placed upon his head as punishment for his actions made with false claims. As well, since he has proven himself unfit for duty by both lying to the realm and killing a realm mate, I hereby declare Hagalaz Futhark banned from the realm of Melhed.”
“This has been a difficult decision, as I’m sure a few of you do not believe. Melhed has a lack of Nobles, especially those with initiative. However this case has now set a precedent of following laws to the letter, and enforcing them as they have been intended. The Laws of Melhed were created by the citizens of Melhed for the good of the Realm, and they are only good to us is followed.
“That is all.”
With that, Fey collapses to the tabletop with an audible thud.
The next morning, a bright red scroll is sent out to all members of the realm by express courier, riding only the fastest horses the realm has to offer. It reads:
Nobles of Melhed,
I am glad that my lengthy court session has been put to good use. Among the babble that usually occurs when anything political is under debate in Melhed, there have also been quite a few new and enlightening contributions being made to the proceedings. Dorgund and Gitan foremost, among others, thank you for your wise words and opinions, and for actually listening and considering wisely our Laws, my verdict, and the words of others.
I will admit misinterpretation in this case of the word collateral, I have reviewed its meaning and application, and am in error in its use. Working with the findings from the court hearing: In this case, Sir Hagalaz being the guilty party, will be held responsible in full for all charges laid against him. Should he decide to deny or run from the punishments for his offenses, Sir Kokomaro, being his Lord, shall stand as collateral for him in the proper sense of the word. This puts an onus on Hagalaz to do the noble thing, for running at this point shall incriminate his Lord to take punishment in his stead.
A note on the Laws: Challenging others to a duel is legal, and engaging in a duel is legal. The participants must keep in mind the laws however, for any injury inflicted is also an injury to the realm, lowering our ability to survive in the harsh North. Duels to Surrender still solve issues, without our hard life being any harder by removing a Noble's ability to work within the realm.
The charges against Hagalaz Futhark will stand as dictated, he being guilty of bringing a false charge before the Justiciar, and killing a realm mate. Sir Kokomaro need only be incriminated should his vassal flee from the charges.
Signed,
Fey
Grand Justiciar of Melhed, Countess of Bil Havil
