Aodhian Legal System

The legal disputes between Aodhians are settled in their court system. Although courts are powerless to overturn the King’s law - or indeed, any decision passed down by the king - they can overturn decisions made in lower local courts.

Aodh has a three court system, with a fourth level being formed by small, local “courts” in the countryside. All three official courts are located in Hearthstone Palace in New Valore, meaning any serious crime or dispute is always escalated to the capital.

## How Courts Work

Although courts vary in size and number of appointed voters, all of them work essentially in the same way.

The court will have a set number of seats, people who have the right to pose questions, voice opinions and vote on decisions. Others may be in attendance as viewers, but must remain silent. Not all members of the court need to be present to hear cases - indeed, any number of seats is sufficient to pass judgement, as a simple majority is enough.

A court will also have a single *Chair*, a person entrusted with pronouncing judgement (guilty/not guilty as well as the punishment) based on the earlier discussion and vote. The Chair rotates in all but the Royal Court, with different individuals taking the role on for different sessions. Requirements for becoming Chair vary based on court.

Aodh does not have judges, per se, only Chairs. Prosecutors are present for criminal cases, and are usually either Chevaliers (for local and common court) or trained lawyers working for the city (Peers and Royal).

Lawyers are sometimes present, but usually only used by the upper classes - self-representing is extremely common. People who are not members of nobility or upper classes generally can not afford lawyer fees. The main duty of a lawyer is often to prepare the case and make sure nothing that benefits their case is omitted or misrepresented - they rarely take stands in court.

Almost all issues are handled very promptly in the courts - long speeches and explanations are considered unnecessary. It is extremely rare for proceedings to last more than a couple hours, much less multiple days.

### **Royal Law Secretaries**

The Royal Secretaries are a group of highly trained, learned individuals directly under the King’s employ. They have years of legal training, and usually come from an upper class or noble background, although they more or less leave their titles behind when they enter work. To be a Secretary is an important, well paid civil service and although it lacks direct power, the closeness and confidence of the King are very attainable.

The King’s Secretaries serve in all three main courts, with at least three always present - more if the cases are divisive. They study the cases beforehand and make sure that all judgements rendered are in accordance with the law. This does not mean that they will see to the fairness of the legal proceedings, only that they will make sure the proper laws are followed. The Secretaries will bring up old precedents and decrees as needed.

They will also write down all proceedings so they can be reviewed later if necessary. If the King asks them to, they will also help guide the proceedings to a desired direction.

## Civil VS Criminal

Aodhians differentiate between civil and criminal cases. Although all court levels handle both case types, different procedures are followed. Civil cases would include almost all disputes (over wills, property, land, contracts etc), as well as debts. Additionally, minor crimes between people would also be civil cases. This includes stealing (if the value of items is low enough), minor assault cases (where no severe injury was caused), slander/libel and so on.

In Aodhian law, businesses and noble families are seen as legal entities, and can be parties in legal disputes in the civil court.

Criminal law includes all serious crimes, including rape, murder, robbery, arson etc. It also includes all taxation, import/export and forgery related crimes, as well as things like vandalism of city property or breaking propriety laws - essentially anything where the citizens behavior has caused the nation some kind of harm or loss. These cases are considered person vs Aodh.

It should be noted that any legal situation that would fall under civil law will become a criminal case if the aggrieved party is the King (and sometimes if it's an immediate family member). A crime committed against the King is a crime against Aodh.

### **Civil Procedure**

In civil cases, both parties must send a representative to the handling court. Usually they will arrive personally. A noble family will be represented by its Head of House (even if the dispute is with another member of said House), while a business will be represented by its owner. Both may have lawyers present, if desired.

The court will hear both parties, and may question them for more information. Any documentation provided will be looked through, and the court will vote on a decision either against or in favor, and also vote on reparations (if any) based on the discussion had.

Proceedings are usually very short, and both parties are expected to be concise in their demands and defenses. Most civil cases are solved in the local courts, or end with mutual agreement before ever arriving in court.

### **Criminal Procedure**

In criminal cases, the accused must be personally present at the handling court. They are usually detained until court date - either at the local Chevalier barracks, or Hearthstone Palace prisons. The accused may have a lawyer present. The victim(s) and witnesses will also be present.

The court will hear the case of the prosecutor, and then statements from victim(s), witnesses and the accused. The court will then vote on whether the accused is guilty, and if so, what their punishment should be.

Criminal proceedings tend to be slightly longer than civil cases, unless the case is extremely clear. When caught in the act, criminal cases are usually not brought to court, but instead prosecuted based on the statement of the arresting Chevalier, with an Adviser handing out punishment via letter. Criminal cases are usually not handled by local courts unless very insignificant.

## Court Organization

Aodh’s three (four) court system, has Royal Court on the top, and Local Court on the bottom. In Aodhian court system, the Court that handles the case is determined by the higher status of the parties: a dispute between a Courtesan and an Armiger would be taken to Peers. The higher rank and social status is *always* favored to win unless there is ironclad proof of their guilt.

It is possible to complain “up” to the next appropriate court - anyone can complain about a Local Court decision, and have it be accepted by the appropriate New Valore Court. Complaining up from the Commons to the Peers is also possible, but rare - the Court can deny appeal without any given reason. Usually only those with excellent connections can get their appeal through to a court above their own status. The Royal Court may choose to take any case they wish for personal handling, even if it has not been discussed in any other courts.

**Local Court:** Small courts, consisting of any number of seats held by locally influential people. These seats hold essentially no prestige. Dotted around the countryside, these small, somewhat informal courts handle the disputes within smaller towns and farming communities - each even slightly larger town has one. These courts are not seen as their own official stage so much as an extension of The Common Court, and their main purpose is to lessen the pressure on the Common Court, and to keep simple cases from festering unsolved. They handle the largest number of cases; most simple civil and criminal cases are taken care of on the local level. Local Courts gather as needed.

**The Common Court:** This court settles disputes strictly between lower and middle classes, as well as the Chevaliers. The Common Court gets less traffic than one would expect, as most civil disputes between these classes are minor in both value and substance, and are either settled out of court, or handled on a Local Court level. As a result, civil disputes in the Common Court tend to be between middle class individuals, and most cases are criminal cases. The Common Court gathers every weekday evening.

The Common Court has a set number of seats - 50, to be precise - which are released for auction every 5 years, or whenever they become unoccupied. Seats are often filled with Armigers, Artisans and Paramounts. Any member of the court may become a Chair after serving at least one year.

**The Peers Court:** Probably the most active court, handling cases involving upper classes (Gentry, Armiger, Paramount, Flamen, Artisan) and nobility. They mainly settle monetary disputes, such as wills and property issues, or more personal cases like libel accusations. They also have their fair share of criminal cases as well, especially theft. The Peers Court also reviews Artisan portfolios. The Peers is also a political platform, and often a place for forming alliances and having debates. The Peers Court gathers every weekday, and sessions may last the whole day.

The Head of each noble House has a seat, and any interested Heads of Houses may apply to become Chairs. The King and Advisers may attend if they desire - if they do, they will automatically be given Chair over the court. Additionally, a total of five seats each are reserved for Artisans and Paramounts, who are elected representatives chosen from among their fellows.

**The Royal Court:** The most powerful, supreme court, with the power to overrule any decisions made by other courts, and take on any case. It seats only the King and their Advisers, but often has a large audience in attendance. This court typically handles only serious crimes against the state, King or royal family, or crimes that have garnered enough media attention that they are sufficiently interesting. Civil disputes usually land in Royal Court only if powerful noble families are involved. Favoritism plays a big part in getting your case brought before the King. The court gathers as needed, but at least once a week. The Royal Court also listens to foreign news and receives ambassadors.

The King will always be Chair if present; if not, their longest serving Adviser will hold Chair instead. The King may choose to send a representative, usually Prince or First Consort, to represent them.

## Consequences

It should be noted that Aodh does not view anyone except the King to be beyond law. Children, nobles, infirm - all can be prosecuted for their crimes, and with the same severity, although upper classes are generally saved from more “humiliating” punishments by their status.

The most common punishment for any relatively minor infringement is fines. These fines range from small disciplinary fines (for minor infringements like littering or loitering) to massive payments (stealing anything even remotely valuable will quickly land you in debt). The fine is paid to the victim directly, although additional fines may be demanded by the Court. If the crime is “against the nation” (such as general disturbance or vandalism), the fine is paid to the local coffers.

If the accused can not pay the fine, another punishment will be chosen.

For most crimes, commoners are punished with a corporal punishment, usually whipping or public shaming. They may also be given community service, although this isn’t particularly common. Shaming, often by being tied to a public place and being lobbed with rotten produce, is especially common and popular in small rural communities.

Members of upper classes or nobles do not face whippings or public shame, but are not safe from consequences. A common punishment is removal of their status, and reclaiming of their properties and wealth. For nobles, this often means being disowned - for wealthy commoners, it means the loss of everything they have.

Imprisonment in the long term is a relatively rare punishment. Prison terms tend to be short (a year or less), but extended imprisonment does sometimes occur, often with prisoners who for whatever reason the King doesn’t want to execute, but also doesn’t want running around.

### **Death Penalty**

The death penalty is handed out rather readily in Aodh. Stealing high value items, murder, rape, treason - they all carry a death penalty. Sometimes more minor crimes can also build up into one when patience for “dangerous elements” is in short supply. Even underage individuals may be given the death penalty if their crime is sufficient.

Aodhians execute their criminals by burning. The condemned is chained by their neck onto a steel pole driven into the pyre, with kindling placed at their hooves. A Sanctum Attendant or Chevalier will say a few words, often a standardized prayer. A Flamen will generally only attend a notable execution, such as that of a noble. After the short ceremony, the pyre will be lit. A skilled executioner is able to get the fire into a roar quickly - often by using Fire Manipulation. The fire is allowed to rage until the accused is only ash and bone.

If the crime is considered on the lesser side, or the executioner has been sufficiently bribed, they will kill the condemned before the burning, which is considered a much kinder punishment.

For the worst offenders, the guilty will be burned in the Crucible for all to see in a gruesome spectacle.  Otherwise the executions of common criminals tend to take place outside of town. In New Valore, a specific hillside outside the city is used, while other towns and communities may have their own burning spots. It is rumored that criminals who are noble or otherwise notable are executed in the expansive gardens of Hearthstone Palace.

Depending on the severity of the crime, the family may be permitted to gather the ashes after death. If not, the ashes will generally be disposed of, giving the criminal no burial. Death penalty may also be enhanced by claiming their estate for the Crown, meaning their heirs will be left bereft.

On the rare occasions where burning is not possible for whatever reason, the criminal is instead executed by beheading.

## Slaves in the Justice System

Slaves are something of a special case for Aodh’s legal system, as they aren’t legally people - they’re property. As such, slaves are not considered solely responsible for their actions in the eyes of the law. Slaves can not be defendants or plaintiffs in civil cases, nor can they be victims in criminal cases. Slaves are allowed to be used as witnesses, but not against their owner or a member of the owner's family, as they are considered untrustworthy. So a slave could be a witness in a random killing in the street, but not testify against their owner in a tax fraud case.

It is rare for cases with slaves as accused to land in the courts. In most cases, the owner of the slave will seek to settle the dispute of their own accord, as ending up in court is likely to become costly for them.

With any crime where fines are an appropriate punishment, the fine that would usually be given to the culprit is instead given to the owner of the offending slave. This is done with the understanding that the owner will punish the slave as they see fit, but that it is ultimately their failing that has caused this to happen.

If the owner can’t pay the fine, the slave will be taken instead, and sold by the city to the highest bidder to recoup the money.

Should a slave commit a more severe crime, such as attack a free citizen, they will be put to death. If there is any suspicion of the owners involvement (for example that they commanded the slave to attack), they will also be severely punished.

Slaves are protected from actions against *them* by their value as property. Harming the slave of someone else is a fineable offense - or worse, should the slave belong to someone with appropriate clout. Still, should harm fall to a slave, it is their owner who is treated as the victim, not them.

## Legal Trivia

* King Tarsa (1280-1313) passed a record breaking 460 decrees and laws of varying severity. These ranged from oddly specific to downright obscure, and included things such as “purple eyeshadow is forbidden on Saturdays”, “merchants may not have more than 401 barrels of wine in any given warehouse” or “no poetry should be recited between 2am and 5am”. These and many more have been diligently vetoed by Kings that have come since.
* The legal library of the Palace is enormous, containing thousands and thousands of manuscripts - mostly notes from court cases. Most of them are kept underground in the Palace dungeons, only the more relevant materials are kept in a reading library.
* Money and property that’s given to the nation (the King) from fines and other punitive measures is one of the main revenue streams of the Crown.