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Codex Devereux: Laws of the Kingdom of Curon

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Codex Devereux: Laws of the Kingdom of Curon

 

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Issued and Confirmed by the Curonian Royal Council on the 8th of The Cold Deep, 1716

 

 

  1.  The Avalain Court
  1. The Avalain Court is the Judicial arm of the Kingdom of Curonia, empowered by His Majesty to enforce the law in due process as detailed here and elsewhere. The Court, like other officials and servants of the Kingdom, serve at His Majesty’s Blessing and pleasure.
  1. Members of the Court
  1. His Majesty the King, the supreme authority in the Kingdom of Curon; able to enact or repeal laws at will.
  1. The Justiciar, the head of the Judicial arm of the Kingdom of Curon, responsible for overseeing the process of law from drafting to enaction.
  2. The Grandmaster of the Order of Ursus; Responsible for the enforcement of the law and Next to the Justiciar for any legal matters involving those defined as a Knight or Soldier within the Kingdom.
  1. Magistrate; Those appointed by the King or Justiciar, they carry out trials as needed, and provide legal advice to the population at large.
  1. Derived Power
  1. The Avalain Court derives its authority and governance over the people of Curon and all those within its borders, be them citizen or foreigner, through the Royal Crown of Curon.
  1. The Avalain Court has universal authority over all individuals within the Kingdom of Curonia save those of the Royal Council or of the Royal Family.
  1. The Justiciar and Judges serve at his Majesty’s behest to enact the law in the King’s name.
  1. Rulings of the Court
  1. All rulings of the Avalain Court are held to be the will of the Kingdom and all her subjects, with no appeal granted to those sentenced save those granted appeal by the King, and
  1. All rulings of the Avalain Court are given by the King or his magistrate and are bound to the individual until such time as the ruling has been carried out.
  1. Rulings may be permitted to be outside of those listed in this decorum, at the express will of the King.
  1. Limitations of the Court
  1. The Avalain Court is unrestricted in its ruling and authority save direction given by the King.

 

  1. The Various Estates of Curon
  1. The Estates of Curon are the varying social and economic groupings that define a citizen and will forthwith be used as needed in the Codex Deveraux to reference said grouping
  1. The King
  1. The King is the supreme authority in the Kingdom of Curon in all matters, and all authority derives from his Majesty.
  1. The Royal Family
  1. The Royal Family are those bearing the King’s blood and of direct descent (Siblings, Children, etc…) as well as those individuals directly married to His Majesty and immediate family.
  1. The Avalain Council
  1. The Avalain Council is those appointed by the King to advise and council him at his pleasure. The individuals appointed to the Council bear the following titles, and consist only of these individuals: The Chancellor, The Justicar, The Seneschal, The Chamberlain, The Grandmaster of the Order of Ursus, and the Mayor of Avalain, as well as any other position created by the King and Council.
  1. Nobility
  1. Those families and individuals who are elevated above the common citizen through deeds and acts recognized by the King through a patent of nobility, or descended from such individuals. Regardless of the direct ancestry, a patent of nobility is required to be recognized as nobility within the Kingdom of Curon.
  1. Knight
  1. Those recognized for their deeds in the Kingdom and given the title of Knight or Dame.
  1. Warrior
  1. Those individuals who serve in the army of Curon or in the retinue of Nobles. Recognized even after an honourable discharge or retirement, this grouping is merit only and not hereditary.
  1. Citizen
  1. Unless one falls under on the aforementioned groupings, they are considered to be a common citizen of Curon.
  1. Foreigner
  1. Those individuals who do not bear title, rank, property, blood, or identification within the Kingdom of Curonia.

 

  1. The Law
  1. Minor Offences

i. Minor offences are defined as actions taken against a person, persons, or organization without consent and in violation of their rights that are deemed minor or smaller in scale and intent that detailed elsewhere.

  1. Minor Assault: The threat or act of commiting unwanted physical contact upon an individual to an extent that no lasting harm is done.
  1. Harassment: Bothering or continuing to talk to, follow, or otherwise pursue a course of action after such action is deemed unwanted.
  1. False Arrest: An arrest in which no sufficient or justified reason exists, this extends to imprisonment or other judiciary actions of a minor note.
  1. Trespass: Entering a restricted area or private dwelling where it is clear or reasonable to assume one should enter.
  1. Interference: Unwelcome interference with business, personal, or public matters. This can take many forms too numerous to list.
  1. Public Disturbance: The act of disturbing the public in any way, including but not limited to excessive drunken behaviour, defacement, and uncalled for excessive noise.
  1. Major Offences
  1. Major offences are defined as actions taken against a person, persons, or organization without consent and in violation of their rights that are result in major harm to said target, and will be prosecuted accordingly.
  1. Major Assault: The threat of or the action of unwanted physical contact that results in lasting harm or effect.
  1. Arson: The act of burning any buildings or properties belonging to others. This can include burning objects that otherwise may be allowed (one’s private documents) in such a way the fire spreads.
  1. Extortion: The threat or act to obtain influence, goods, or wealth through threats of any kind
  1. Blackmail: The threat or act of using information to influence the actions of another in anyway. Blackmail often leads into extortion.
  1. Contempt: The act of disrespecting or unrecognizing the authority of officers of the law or nobility, as recognized within the Kingdom of Curon and its Allies.
  1. Misconduct: Abusing the responsibilities and authority of one’s position to one’s own ends and benefit.
  1. Fraud: Fabriciating or otherwise use of one’s resources to impersonate or otherwise falsify the truth. This can include forgery or impersonation, or any other manner in which one can do so.
  1. Escape from Lawful Custody: The act of escaping lawful custody including arrest and imprisonment, or enabling or assisting in the same.
  1. Riot: The threat or act of inciting the public in disorderly or violent conduct, which can include simple incitement or actual participation.
  2. Bribery: Accepting or offering a bribe for any reason.
  1. Capital Offences
  1. Capital Offences are those actions taken against persons and the Kingdom of Curon deemed so heinous that they deem Justice be dealt out to the highest degree, and which punishments will include execution if deemed necessary for the Kingdom.
  1. Murder: The act of killing a person within the Kingdom of Curon, or as a citizen of Curon.
  1. Treason: Betraying the interests and sanctity of the Kingdom for one’s own benefit.
  1. High Treason: Betraying the interests and sanctity of the Kingdom for one’s own benefit in such a way grievous harm is done to the Kingdom.
  1. Espionage: The act of spying, participating in spying, not reporting spying, or otherwise compromising the Kingdom through the spread of information or misinformation.
  1. Conspiracy: Premeditated meetings and actions to subvert the will of his Majesty or the sanctity of the Kingdom.
  1. Other Crimes
  1. The crimes listed here are those whose actions are the same but which scale can influence the level of severity at which the criminal will be tried.
  1. Theft: The act of taking goods or wealth that do not belong to one’s self and in which no lawful transaction has occurred.
  1. Persecution: Taking action or threats against another for their beliefs or race unjustly.

 

  1. Procedure of the Court
  1. Arrest
  1. An arrest may be ordered by a member of the Nobility or Gentry, the Royal Army, the Avalain Council, a Magistrate, or the King as deemed necessary.
  1. An arrest is carried out by those in the army, a Magistrate, or those called upon to assist if and when necessary.
  1. Those arrested are to be held until trial, or if a minor or major offense, released on bail and summoned to hearing. Those on probation or deemed too dangerous to the citizenry may be denied bail.
  1. Evidence
  1. Evidence may be gathered in the following ways: witnesses, physical evidence, accomplices, and other special cases as required.
  1. Evidence is to be presented at trial, and in the case of physical evidence, held securely by the Army or Magistrate until such time as it is to be presented.
  1. Evidence is only a necessity for Major and Capital Offences but may be called upon as the case demands.
  1. Trial
  1. A Magistrate or the Justicar presides over the trial. In special cases they may call upon additional Magistrates, or the Grandmaster or a member of Nobility to sit in as well.
  1. At anytime, His Majesty may choose to sit as Judge over a trial, superseding any other sitting or who has previously sat presiding on the trial in question
  1. The process of Trial is outlined as such;
  1. Evidence is presented by both sides, save witnesses, and examined by the Court.
  1. Witnesses are examined by the Court.
  1. Further questioning is then conducted, by the Court and the Defendant/Plaintiff as required.
  1. The Court retires to seek counsel if required and determine upon a verdict.
  1. The verdict is given and the ruling announced, with any ruling to then be carried out at once or at the soonest appropriate time as deemed by the Court.
  1. Ruling
  1. If a ruling of Not Guilty is reached, the defendant is cleared of the crime based on existing evidence and is free to go without further concern or delay
  1. If a ruling of Guilty is reached, there is a variety of punishments that may be carried out as detailed below based off the specific circumstances of the case in question, and is left to the Court to determine
  1. Minor Offences: May be charged up to 250 minas owed to the Court or the affected, Public Service up to Three Saint’s days in length, and/or up to two Saint’s days of imprisonment
  1. Major Offences: May be charged up to 1000 Minas owed to the Court or the affected, Corporal punishment in the form of 1 saints hour in the stock or 10 lashes of the whip, Public Service up to a Saint’s week in length, or imprisonment in the same length.
  2. Capital Offences: Confiscation of goods and properties in permanence, a fine of any amount deemed fit by the Court, and/or execution.
  3. Repeat Offences: In the case where a citizen is a repeat offender, two minor offences may be charged as a Major offence, and two major offences may be charged as a capital offence. For this offences must occur within a four year period.
  4. Laws Nonexistent: While Crown and Council may change the laws as circumstances dictate, a person may not be tried for a law that does not exist at the time of the act, save where the act is so heinous.
  1. A wilful failure to appear at one’s trial will have the accused be judged in their absence.
  1. Appeal
  1. Any case may be appealed. To appeal, state your intention at the time of your ruling, and the matter will be brought to the Justicar or other authority as fitting. Any punishments must be doled out save those of a corporal nature, which will be delayed until such time the appeal is considered. Depending on the severity of the crime or the justice of the case, an appeal may be denied.
  1. An appeal will be rendered within Two Saint’s days and the court reconvened to issue the verdict of the appeal.
  1. Once an appeal verdict is given, the case is considered closed.
  1. Burden of Proof
  1. It is the duty of the accused during the proceedings of a trial, to present the information to which proves they are innocent, or that proves to a reasonable amount that they are innocent.
  1. It is the duty of the accuser during the proceedings of a trial, to present the information to which proves the accused is guilty, or that proves to a reasonable amount that they are guilty.
  1. If both cases are presented evenly, and no innocent or guilty ruling can be made, the Court shall retire to seek counsel and thus determine a verdict.  Mistrial may be declared in which case a different Magistrate shall preside, and the matter determined in finality.

 

  1. Restrictions of the Law
  1. The King
  1. The King is where all authority in the Kingdom derives and as such is accountable to only himself.
  1. The Avalain Court
  1. The Avalain Court, as appointed by His Majesty the King, may only be held to trial by His Majesty the King, but are fully subject to the laws of the Kingdom.
  1. The Noble Families of Curon
  1. The Nobility of Curon as recognized by His Majesty the King, may only be held to trial by His Majesty the King, unless he differs to his Justicar, but they are fully subject to the laws of the Kingdom.
  1. The Military
  1. The soldiers of the Curonian army, or those in service of a Noble’s retinue, may have the Grandmaster or Noble in charge of the Retinue sit in with the Presiding Magistrate should they chose to do so.
  1. The Citizenry
  1. Are fully subject to the laws as mentioned above.
  1. Foreign Nobles or Knights
  1. How they are to be tried is determined by His Majesty the King, and held until such a decision is reached.
  1. Foreign Citizenry
  1. How they are to be tried is determined by His Majesty the King, the Justicar, or as the diplomatic situation dictates, and held until such a decision is reached.

 

Signed,

 

His Serene Highness, Prince-Regent Ecbert of House Devereux of Curonia

His Highness, Prince Arthos Devereux, Chancellor of Curonia

His Excellency, Lord Cecil III of House Halcourt, Justicar of Curonia

 

 

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