THE AULIC COURT | VE WICACZJOEST 572 E.S

[Aulic Court of Hanseti-Ruska 28]

 

 

 

Issued by the 

THE AULIC COURT OF HANSETI-RUSKA

c. 11th OF JOMA AND UMUND, 572 E.S.

A REPUBLISHED DOCUMENT OF THE AULIC COURT.

 

 

VA BIRODEO HERZENAV AG ELDERVIK,

The Aulic Court remains one of the oldest of the Haeseni institutions, dating back to the time immediately after independence from the Orenian State when the first iteration of the Haurul Caezk^[1] was published in 340 E.S., and while the influence of the Aulic Court has risen and fallen throughout the years, and while the composition and structure of it too has changed, it has remained. With the Edict of Obergrad^[2], it must once again be explained in writ what the Aulic Court is, as well as its responsibilities and duties which it must heed and attend to.

 

[1] HAURUL CAEZEK | HAESENI LAW, Josef Sigmund 340 E.S.

[2] THE EDICT OF OBERGRAD, Tomasz Karoswald 570 E.S.

 

 

The Aulic Court is the judiciary body of the Haense, invested with the power and duty to conduct impartial, free, and fair trials at the behest of the Crown.

 

It thus is the duty of the Aulic Court first and foremost to cast judgment, in accordance with the Jorenic Rights and the legal principles of the Kingdom, upon those who have been accused of a crime, and sentencing them to a proper and appropriate punishment. All accused shall be heard alike in a fair and just trial before the Aulic Court and must face no injustice, prejudice, or bias upon them.

 

It further falls on the Aulic Court to mediate between the peoples of the Haense, giving their verdict on any civil matter brought before them. In these cases, an aggrieved individual will summon another before the Aulic Court to have their dispute settled in a fair and just manner.

 

Lastly, the Aulic Court is charged with interpreting the Haurul Caezk, the legal code of Haense, whenever a matter of interpretation is brought before them, in what is known as a legal review. In these, the involved Jovenaars write and compile their opinions on how the law ought to be interpreted. These reviews are usually brought before them by the Aulic Government, the Royal Duma, the Crown itself, or an individual’s letter.

 

 

The Jovenaar are the members of the Aulic Court and must be well-versed in the Haurul Caezk, the legal history of Haense, and the growth and development of Haeseni culture, to properly understand the evolution of Haeseni Law, so that they may justly sentence criminals, fairly settle disputes, and diligently interpret the law.

 

Since the implementation of the Edict of Obergrad in 570 E.S., there have been two ways to become a Jovenaar: Firstly, every permanent Boyar of the Royal Duma is a Jovenaar, thus meaning effectively that every Peer (or their permanent representative), the Royal Aldermen, and the Grand Maer, are inherently and automatically made Jovenaar upon their inheritance, appointment, or election to those respective positions. Secondly, the Crown may appoint Jovenaar to sit on the Aulic Court outside of the Boyars of the Royal Duma, these would most often be senior statesmen who have previously worked diligently and dutifully in government or those who have directly worked and aspired to sit upon the Aulic Court.

 

This means that there is effectively always a minimum of fifteen Jovenaar (as of 572 E.S.), owing to the amount of Boyars on the Royal Duma. There is, however, no limit on the amount of Jovenaar that may be at any given time, and a wide range of Jovenaar is necessary to ensure the ability of the Aulic Court to conduct trials in a fair, just, and unprejudiced manner.

 

There are two types of trial that the Jovenaar of the Aulic Court will find themselves arbitrating: the criminal trial and the civil trial. These differ not greatly in procedure but are vastly different in the individuals affected and the subject matter of the trial.

 

Criminal trials occur when an individual is accused of a crime and brought before the Aulic Court at the behest of the Crown. In these trials, the accused becomes known as the “Defendant”, while the one acting on behalf of the Crown, likely the Lord Palatine^*, is known as the “Prosecution”. The Prosecution shall present evidence against the Defendant, and it is the duty of the Aulic Court to hear both sides fairly to determine the guilt of the Defendant, and if so, to sentence an appropriate punishment.

 

Civil Trials occur when an individual is brought before the Aulic Court at the behest of another individual and accused of a personal grievance. In these trials, the accused becomes known as the “Defendant”, while the aggrieved party becomes known as the “Plaintiff”. The Plaintiff shall substantiate their case against the Defendant, and it is the duty of the Aulic Court to hear both sides to fairly determine an appropriate settlement of the case.

 

There are two ways that a trial may be settled, regardless of whether these are criminal trials or civil trials. These are Trial by Plea, wherein the parties shall present their cases by word of mouth and through evidence before the Aulic Court, and Trial by Combat, wherein the parties shall duel to determine the wrongdoer. Trial by Plea is the default type of trial and therefore happens the most frequently. Trial by Combat is reserved only for those of Haeseni blood, and may only happen by agreement of both parties. While one would not necessarily see the need for Jovenaar involved, it is important that one is present to referee the duel.

 

*The Krusevian Reforms of 547 E.S. created the position of Palatial Justiciar under the Lord Palatine to prosecute on behalf of the Crown. This position was abolished with the reorganization into the Secretariat of the Lord Palatine in 571 E.S., but the duty and power to prosecute remains with the Lord Palatine.

 

The Crown, the Aulic Government, the Royal Duma, and all private citizens of the Kingdom, have the ability to request from the Aulic Court a legal review. In these cases, the Aulic Court will receive a letter pertaining to how a certain part of the Haeseni law must be interpreted.

 

It is customary that the entirety of the Aulic Court participate in a legal review, but the Royal Decree on Fair Trials permits a Jovenaar may recuse themselves from participating in a legal review at any time. Recusing oneself from a legal review effectively means, however, that one loses the ability to have their stance on the interpretation of the law heard, and may result in a verdict one did not agree with.

 

The Chief Jovenaar shall summon the Jovenaar to conduct a legal review, wherein the Jovenaar shall discuss until such a matter where a vote is held. The majority vote shall prevail, and the formal opinion of the court shall be written down and published to the Kingdom. A legal review will often include the majority opinion, concurring opinions, and dissenting opinions.

 

It is important for the Aulic Court to remain transparent in the principles that guide it, beyond the common measures that it must remain fair, just, unbiased, and unprejudiced. Indeed, the Aulic Court adheres not only to such principles but also to guiding the spirits of the Haeseni people, particularly those of the Jorenic Rights, also enshrined in the Haurul Caezk:

 

“To each freeman is his own life, to take it is to be a thief, 

To each freeman his own time, to take it is to be a slaver, 

To each freeman his own sword, to take it is to blind him, 

To each freeman his own wife, to take it is to injure him, 

And to each freeman his own farm, to take is to make him no man.”

 

Furthermore, the Crown did during the regency of Lord Palatine Tomasz van ve Karoswald issue a series of Royal Decrees to guide the Aulic Court in tandem with the implementation of the Edict of Obergrad. These Royal Decrees, the Royal Decree on Fair Trials^[3], and the Royal Decree on Appropriate Criminal Punishments^[4] represent a sense of transparency on how the Aulic Court should conduct itself when conducting a trial, and when sentencing a guilty criminal. It is expected that more decrees shall be published in the future, either by the Crown or the Chief Jovenaar.

 

[3] THE ROYAL DECREE ON FAIR TRIALS, Tomasz Karoswald, 570 E.S.

[4] THE ROYAL DECREE ON APPROPRIATE CRIMINAL PUNISHMENT, Tomas Karoswald, 570 E.S.

 

 

DLUM VE EDLERVIK AG VE BIRODAL,

THE RIGHT HONOURABLE, Dima Aina Milena Kortrevich,

Chief Jovenaar of the Aulic Court, Countess of Jerovitz, Viscountess of Krusev, Baroness of Koravia, Lady of Emsgrad, Lady Protector of the Koravians, Knight of the Marian Retinue

 

HIS EXCELLENCY, Tomasz van ve Karoswald,

Lord Regent and Palatine of Hanseti-Ruska, Baron-consort of Karoswald

 

Edited March 12, 2025 by Aulic Court of Hanseti-Ruska