Tuesday, October 11, 2011

Council and Laws

Charter Positions within the Realm of Restov:

High Council – Leaders of Restov, have the highest overall authority. They are the ultimate authority within their zone of influence. A High Council member may challenge the edicts of any other High Council member or a member of the Low Council. Any challenge may only be overturned with a majority vote of the High Council. Council positions are life appointments. Most members of the High Council are Sword Lords.

The Position of Prime Minister: the Prime Minister is 'first among equals'. He may make any decisions in proxy for any Council members who are not present or otherwise incapacitated. This includes votes during a trial. Only a majority vote by the High Council (including the accused) can bring a High Council member up on charges for any crime. After that a trial is held, and decision is rendered by the Prime minister. In the event the Prime Minister is the one being tried, the Councilor renders the decision. If convicted of a capital crime, a High Council member is removed from office and replaced by majority vote of the remaining high council. A High council member can only otherwise be removed by a 2/3 vote by the high council. A High Council member cannot abstain from voting.

Low Council – Secondary leaders of Restov. They may act in proxy for the members of the High Council. The Low Council is made up of the second in commands of all the High Council members who assist them in the execution of their duties and act with their authority in the matters of their Bailiwick. All Low Council members are Retainers of their respective Lords. They have the authority to give orders to anyone, besides a High Council member, within their bailiwick. A majority vote of either the High or Low Council can bear criminal charges against a member. Trial is held amongst the High Council members in a majority vote. A Low Council member is replaced by the immediate superior. A Low Council member can only otherwise be removed by a 2/3 vote by the High or Low Council. A ruling of the Low Council may be appealed to the High Council. A member from either council may abstain from voting.

Vassal – Land Holding Noble. Required to provide taxes based on their lands, and contribute retainers to military and civilian offices. Should someone wish to become a Vassal they must provide Restov with at least 2 hexes worth of land cleared and explored and have at least 100 retainers to provide administration and protection, as well as freemen to work and tend to the land. Each vassal must provide at least 25 retainers per landholding to military and civilian offices. A vassal has the right to bring charges before the High Council in case of any grievance. Such proceedings would be handled by the Prime Minister himself. A vassal may not be detained until the conclusion of such proceedings. A majority vote by the high council can grant claimed land controlled by the Restov (and not another vassal) to a citizen or retainer they deem as worthy of that honor. The individual then becomes a vassal with all the rights and responsibilities there in.

Retainer – Knights, Squires, and Quartermasters, who are beholden to a Vassal or Lord of the Council, and are required to perform services for Restov (according to their skill) when called upon. A retainer has the right to bring and face charges before the Councilor and a panel of his magistrates in case of any grievance, for a trial. A retainer may not be detained except on direct order of the High Council, or at the conclusion of such proceedings.

Citizen – In order to gain citizenship a freeman must give 5 years of military service, or 10 years of civilian service (under the non-military high council members such as Councilor or Head Diplomat) in order to gain citizenship. All citizens receive a piece of land sufficient to provide for a household, upon completion of their service. They may continue that service as long as they are able if they wish, or retire after the 5/10 year period. In case of any grievance a citizen has the right to bring it before one of the Councilor's Magistrates for a summary judgment. A citizen may only be detained by order of a Magistrate (or higher authority) or if they commit a crime directly witnessed by agents of the law (Marshal/Warden’s men).

Holder – Any Freeman skilled in a trade or of sufficient means can enter the service of a Lord or Vassal. In doing so they have the rights of a citizen when acting in the capacity of that service. In exchange they are considered part of the Lord or Vassals house and must pay a tithe to said Lord. This includes individuals such as merchants, members of guilds, or the individual owners of trade services (such as smiths, carpenters, or inn keepers). They must remain a part of their Lord or Vassal's house until an agreed-upon amount is paid to said Lord. In this way an individual may receive 'sponsorship' to become a citizen.

Steadholder - Any Citizen can be tasked by a Vassal or Lord to maintain and manage their lands. In relation to any issues that occur on the lands he is responsible for, a steadholder has the same rights as a retainer.

Freeman – Any person living within Restov. A freeman has the right to work and live on the lands of a noble (or Council Lords), and in return pay a tithe proportional to the kingdoms current tax rate. Any gouging of freeman (tithe being charged not in line with the current tax rate) will be punished by the seizing of lands held by that noble. All freemen have the right to leave the lands they are on at any time, but while there, must obey the rule of the Vassal or Lord who owns them. Freemen cannot themselves bring up charges to the court, however their Lords/Vassals can bring charges to the Magistrates in the name of any freeman residing on their lands. Vassals have the right and responsibility to enforce the Council’s Law on Freemen who occupy their lands.

Crimes upon the State of Restov:
Treason – Providing assistance, comfort, or information to enemies of Restov, and acting directly against it’s interests.
Sentence – Death, Permanent Imprisonment, Exile(this is reserved exclusively for people duped into treason).

Murder – Killing of another person within the bounds of Restov without justification.
Sentence – Death, Permanent Imprisonment .

Theft – Unlawful removal or destruction of property. This includes larceny, robbery, destruction of property, fraud, tax evasion, and corruption.
Sentence – Payment of value for removed/damaged property once to the victim and once to the crown (Nobles are responsible for this payment of their retainers/steadholders in the event they themselves cannot pay), and one of the following:
– Up to 10 years of indentured servitude in service of the victim. The accused can choose to instead pay the value of the years of labor instead. Should the accused not be able to pay the first part of the sentence, the value of that fine is also to be added to the term of servitude.
– Imprisonment of a term to be set by the presiding authority (this is reserved for repeat offenders).

Assault – Physical harm to any person or persons of Restov.
Sentence – Payment of any medical treatment required by the victim, and a matching payment to be made to the realm (anyone not able to pay must enter indentured servitude to work off the debt) as well as:
– Up to 5 years indentured servitude in service of the victim or
– Up to 10 years imprisonment set by the Presiding Authority.

Attempted Crimes – If it can be proven an individual attempted to commit a crime but was otherwise unsuccessful, they may be tried as if they had, in deed, committed the crime.

Restrictions to the above:
All rates and lengths of servitude are to be based on the prevailing wages of a worker of the charged individual's skill.
The victim has the right to determine the nature of the service the accused is to provide in the case of such a sentence. These services should coincide with the known skills of the accused, and are subject to judgment by the prevailing authority.
Time spent in indentured servitude that is within military or civilian service does not count towards the time needed for citizenship in the event the accused is not a citizen.
During servitude the accused retains any rights, standings, or property they previously held (besides what might be forfeited to pay a fine) but must obey all reasonable requests by the victim in service of their duty. Failure to do so requires a re-evaluation of sentence by the presiding authority over the original case.

Rights of all:
The First Right
All people have a right to live and work within Restov regardless of race so long as they obey the Council’s law including direct orders by the council and their subordinates. Any interference with this right is to be considered by law the crime of theft (removal of ones ability to live and work is akin to stealing their wages).

The Second Right
All people have a right to speak their minds and gather in public or in private as they see fit, so long as they obey the Council’s law including direct orders by the council and their subordinates. Any interference with this right is to be considered treason.

The Third Right
All people have the right to bear grievances in open meetings(schedule of which will be no less then 8 hours once a week in the capital) of the Low Council, which if deemed appropriate by Low Council members will be dealt with or brought before the High Council. Any intervention with this right is to be considered treason (preventing members of the kingdom, even freemen, from bearing their grievances before the Low Council harms the kingdom on a fundamental level). This right extends to any freeman or citizen wishing to bring a grievance against a Low or High Council member.

The Fourth Right
All people have the right to basic property, even freemen. A man’s home and his possessions may not be taken without the authority of law. A landholder has the right to evict a freeman but must pay the freeman a fair value of any home that must be left behind. Any eviction gains precedence over other cases in being brought as a grievance before the low council.

The Fifth Right
All people have the right to bring crimes to the attention of Wardens/Marshals for investigation. If in the course of that investigation officers of the Council's Law determine a crime has been committed, the office of the Councilor will determine further action. Interference with this right is to be considered treason under the Council's Law.

The Sixth Right
All people have the right to bear grievance against another individual in the form of juris macto. Both parties must agree to the duel and both parties must have a second to represent their interests. There must also be a Council Magistrate and a neutral witness to the events. The seconds meet and decide the terms and time/location of the duel. All duels must happen on public land.
The seconds must agree to weapons for the duel and the means of conclusion (wounding, death, submission, first blood, incapacitation etc). Once agreed upon these options are presented to the witness and the duelers. If the seconds cannot come to terms they can request arbitration by one of the Council Magistrates.
Anyone can in fact reject a duel, though they may be considered a coward if they do. None are held responsible for harm done to an opponent in the course of a duel.
In a duel to the death, any individual who cheats or deceives the Magistrate automatically forfeits both the duel and life. A champion may stand in the stead of the challenged, though the champion must be presented in a timely fashion. If, in the course of the duel, the champion is defeated (ie: killed) the life of the challenged is also forfeit.

No comments:

Post a Comment