Lucio v. R (1728)

[Esterlen 4499]

LUCIO v. R 

11 S.E 1728

 

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To whom it may concern,

 

This letter seeks to establish a notice of intent to launch a civil suit against the jurisdiction of the Kingdom of Haense, alleging judicial malpractice, in regards to the violation of due process with respect to our client, Mr. James Lucio of the Commonwealth of Kaedrin. The facts of the case are as follows:

 

On the 7^th of Sigismund’s End, in the year of our Lord 1728, Mr. Lucio was arrested in the jurisdiction of the Kingdom of Haense in respect to an allegation of defamation (Understood within the Haeseni jurisdiction as slander). He was tried before court at Reza and found guilty of this infraction.

 

These facts are not disputed by our client. Upon sentencing, Mr. Lucio was sentenced to mutilation by way of removal of the tongue.

The Kingdom of Haense’s law codex, Chapter IX, Article I, states as follows in respect to slander:

 

“Any man who slanders that of another without cause or evidence through verbal form shall be brought to court and tried. The maximum punishment being the removal of one’s tongue.”

 

However, the equivalent offense of defamation (Enumerated within the Ten Tables – Injury Against the Person) in respect to the Pandectarum Johannes Fredericus Imperator, the law of the Holy Orenian Empire, which takes primacy over regional legislation in regards to such inconsistencies, states that: 

 

“Where an individual knowingly disseminates false information about an individual, with intent to harm the reputation of that individual, this shall be defamation in the second degree, an infraction.”

 

In accordance with this codex, the sentencing limitations on infractions are determined as:

 

“Infractions, of least severity, include the appropriated sentences: monetary fine up to two thousand mina, confinement to prison for up to two annum, designated service to state or faith for up to five annum, removal of up to two fingers to the second knuckle, removal of up to two teeth, removal of up to two toes of the same foot, removal of one quarter-inch of the ears if elven, partial removal of a tusk if orcish, removal of the beard if dwarven, removal of one inch of the tail if feline, or branding by hot iron on the chest or buttocks.”

 

Though it mentions several other varieties of mutilation – tongue removal has no presence in this document as a sanctioned Imperial punishment.

 

My client also alleges that during the trial, he was tortured through sorcery, leaving him unable to properly defend himself and thereby violating his entitlement to due process under Imperial law. 

 

In the matter of the sentencing of a citizen of the Commonwealth of Kaedrin, for a crime committed in the Kingdom of Haense, there is a particularly strong argument that Imperial law must take primacy over any regional legislation. Indeed, there is an even stronger argument that in all cases of inconsistencies, Imperial law holds primacy as per the terms of the Emperor’s justice. To fail to support this contention completely undermines the unitary state beneath His Imperial Majesty’s just reign, and is a conclusion most intolerable to any loyal Imperial citizen. This forms the basis of our civil suit. 

 

We also wish to inform you that we seek the recusal of the Lord Justiciar, His Excellency Otto Sigmar of Haense, on account of a conflict of interest in regards to this jurisdictional dispute, requesting most humbly that this case be heard before an unbiased and fair agent of the Imperial courts. 

 

Yours sincerely,

 

Frederick S. Armas, Esq.

Solicitor-at-law

 

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[Drew2_dude 2636]

Sigmar chuckles, “vessian rats, they punch a Lord, they break Haensetti laws, and now they complain when punished.” he burns the missive scoffing

[Reckless Banzai Screamer 15456]

“THE SAVAGES!” Odus gawks at the lawsuit proclamation. ”They cut out that foreigner’s tongue and complain when we make their civilians do community service for causing actual violence. What a cesspit of cultureless brutes. GOD save Hanseti.”

[Pureimp10 5691]

 

Statement from the Office of the Imperial Justiciary

Issued by the Imperial Justiciar

12 D.C. 1728

 

To Mister Frederick Armas, 

 

We respect your petition to bring forth this case of supposed malpractice and will diligently heed the protocols of administering Imperial Justice. Our intention is to be constructive and to ensure that all aspects of due process are appropriately and sufficiently dispensed in the name of the Emperor. Furthermore, it is not directly that the Imperial Government adjudicate your petition to appeal supposed malpractice concerning the case of Mister Lucio of Kaedrin. As such, the prerogatives in such a capacity are delegated to the oversight of the duly appointed Magistrate of the Kingdom of Hanseti-Ruska. 

 

Signed,

His Excellency, Otto Sigmar, Imperial Justiciar

[HurferDurfer1 2978]

Ilkazar notes “Haense has exactly one sorcerer, and that sorcerer was not present for any sort of torturing of this Mr Lucio, so his claim otherwise is fraudulent at best. As stated in PANDECTARVM JOHANNES FREDERICVS IMPERATOR, Section VI Lex Arcania, On the Ten Laws of Magic, Law Three, The Third Law of Magicka, where an individual is forbidden to alter the mind of another individual, unless through the use of sending messages between said individual with the use of magicka. !”

[monkeypoacher 8055]

a portly man throws down his copy of the missive, face red with fury.

 

“but ... wha’ – … what about vassals’ rights?!”

[giambro 612]

“Should niet break laws. Maybe ye should respect our laws and regulations, da?” The Young Lord looked at the missive in his home in Carnatia and put it in his potty bucket. He proceeded to do the “number one” and then a “number two” on the missive in potty terms.