Hârnic Law

W hether they are unwritten tribal traditions or detailed written codes, laws are the foundation of any community. Systems of law and the administration of justice among the civilized peoples on Hârn are quite complex. There are several systems of justice in use, which vary by region. Churches have their own sets canon of law and tribal societies each have their own social and ethical traditions.
  The following article is written as a primer on Hârnic law, the buttons contain tips for what a player's character can expect.
  The dominant form of government in civilized Hârn is feudalism. Under the feudal system the monarch theoretically owns all land, who then grants fiefs to trusted magnates who in turn provide local government and defense of the realm. Some land grants are inheritable which are only revoked for extreme reasons like treason or rebellion. The great nobles or tenants-in-chief will then grant portions of their fiefs to lesser nobles, subinfeudiation.

VENDETTA LAW

The vendetta law has faded from most civilized kingdoms replaced with feudal law, though it is still in force in Orbaal and Ivinia. The foundation of vendetta law is that most crimes are private matters between families. The power of a clan and the fear of its retribution is the force ofr maintenance of the social order.
  Wergild
Wergild or man gold, is compensation for death or injury of a clan member. The amount ot be paid varies with the status of the victim and the degree of injury. If the family cannot pay the entire family could be cast out and become outlaw.
  Player Tip
Your character may be forced to pay wergild if they transgress in Orbaal or Ivinia.
  Duels
In matters of vendetta and honor, many Ivinians prefer single-combat einvingi or the more regulated homgang. Most duels are not to the death but either to first blood or being pushed out of the battle ring or yield.
  Player Tip
Your character could be challenged to a duel if they insult or aggrieve someone in Orbaal of Ivinia especially a noble or warrior. Worse they may become embroiled in a blood feud even if they win the duel.
  Injustice
Vendetta has two flaws, primarily guilt or innocence is not determined by evidence, it is more a matter of might makes right. Children, the infirm, the old, and women are often denied justice. Criminals can go free if their clan is stronger than the accusers.
  Player Tip
A player may be tempted to have their character take up for the downtrodden however they should use caution going this route, lest they embroil themselves in feud or even a blood feud.
  Feuds
Normal feuds occur between individuals and are usually resolved. However, grudge feuds do exist where only the death of one or the other will end the feud. A flaw in vendetta law is the tendency for a spiral of tit for tat retaliations to grow into an on-going blood feud. A death in a grudge feud my engender a blood feud between clans. A blood feud is an on-going dispute between clans and can cause headaches for lords trying to keep the peace, with a constant series of arguments and bloody brawls and reprisals between factions. Some storied feuds have lasted for generations, the original reason for the dispute having long been forgotten.
  Player Tip
Players should think twice before their characters become embroiled in any feud especially a blood feud. Players who start a blood feud should be very wary, a wealthy and powerful clan will go to great lengths to settle a dispute permanently.
 

FEUDAL LAW

The dominant form of government in civilized Hârn is feudalism. Under the feudal system the monarch theoretically owns all land, who then grants fiefs to trusted magnates who in turn provide local government and defense of the realm. Some land grants are inheritable which are only revoked for extreme reasons like treason or rebellion. The great nobles or tenants-in-chief will then grant portions of their fiefs to lesser nobles, subinfeudation.
  Player Tip
Most character's will fall under feudal law and most will be commoners. Even those of noble birth need to be circumspect to and observe the social niceties with the nobility, especially in public. Failure to adhere to either social or legal custom can have severe negative consequences. For commoners a polite yes M’lord or no M’lord is a lot simpler than a beating and a day in the stocks. Between nobles a failure to be polite my not result in a night in the stocks but there could be other negative consequences, especially if the lord is a powerful one. Fighting off a libel or slander case can get expensive, a loss in a duel could be quite humiliating or deadly, and suffering the disdain of fellow peers will result in a loss of trust and granting of future favors. No one likes rude jerk.
  Nobility and the Law
Under the feudal system the law is mainly at supporting the status quo and those in power. The distinction between noble and common blood is the most, n obles are automatically assumed to be superior and legal systems always protected the privilege of rank. Nobles have exclusive privileges; the right to bear heraldic arms, carry chivalric weapons, ride warhorses, organize military forces, and build and hold fortifications. Short of rebellion or treason or assault on a fellow noble there are few crimes nobles can be guilty of. Any time a commoner is rude or familiar to a noble, he can expect swift punishment. It is not a crime for a noble to maim or slay a commoner for cause, although the victim’s family may have a tenuous claim to compensation.
  Player Tip
PC's, especially those with a commoners background need to be especially cognizant of social status. They cannot go about armed to the teether or carry ‘noble arms’. The nobility protect their privilege.
  Noblesse Oblige
In a feudal society nobility extends beyond mere entitlement, requiring people who hold such status are required fulfill certain social responsibilities.
  Player Tip
PC's with a noble background should know that it is not all fun and games being a lord, there are tedious obligations that go with being in charge, particularly in defense of the realm.
  Justice
All feudal lords are responsible for justice in their fiefs, administered by holding informal and irregular feudal courts. Subinfeudation creates a natural hierarchy of feudal courts, ranging from the manorial court of a knight to the royal court of a sovereign. Tenants with a grievance may apply to be heard and then argue their case before the lord.
  Player Tip
Those player's whose characters break the law will be landed in a court presided over by the local lord. Players of non-noble birth maybe tortured and their ‘confessions’ used against them. Freemen and the nobility may hire an attorney to defend them in a court that does not involve treason or rebellion.
  Defense of the Realm
Nobles most important function is the requirement to defend law-abiding tenants from outside interference. The lord and his appointed yeomen will police the lands if there is a large threat will organize the peasants into a militia. Should war or rebellion break out, loyal lords may be called upon by the crown to provide military aid.
  Player Tip
PC's may not be conscripted to help someone who is not their lord, however they may be strongly encouraged to help. A noble player especially does not want to be branded a coward. Nobles and commoners of certain occupations may exempt from direct military combat, such as the sick, infirm, disabled, a Peonian priest or valuable trade such as a fletcher or weapon smith, however, they are expected to provide support functions.
  Military Service
Fiefs are granted in return for providing military service to their liege lord in the form of armed and equipped military forces. The number and types of military forces will vary. In times of peace scutage or shield money may be provided in lieu of service.
  Player Tip
PC's especially those of noble birth may be required to provide military service to their lord and or pay scutage. Players of noble birth must appear when called. Noble players and commoners who own land will definitely be required to provide some form of military service. Non-nobles can only be conscripted by their liege lord.
  Merchet
Marriages in a feudal society are seldom love marriages but political and financial arrangements. The higher in social status the more concerned a lord or even a monarch maybe with nuptials of their nobles. The same is true for manorial lords, who must approve any marriages between their vassals or their tenants. Once a marriage is approved, the liege of entitled to a marriage tax or merchet of 5-10% of the tenants annual revenues.
  Player Tip
A character must seek their lord’s permission to get married and it is an expensive proposition. Marriages between a commoner and noble are normally not permitted and are frowned upon. Further, elopement is a serious offense and players who elope may be declared outlaw.
  Aids
An aid is an incidental tax levied on vassals, traditionally levied when the lord wishes to knight his eldest son, marry his eldest daughter, or ransom his person from enemies. Special aids, such as to finance a war or build a castle, may also be levied, but this practice is normally reserved for monarchs.
  Heriot
Heriot is a death tax assessed on the estate of a deceased vassal. For a serf or minor landholder, heriot is typically the family’s best animal or its equivalent in cash or kind. Larger estates are assessed a one-time tax that usually equals their current annual net revenue, with payments generally spread over several years.
  Wards
Minors will often have their inherited estates placed in the trust of their lord, while they themselves are made wards until they attain the age of 21. Unemancipated widows may have their estates held in ‘trust’ until they remarry. Often this sets the stage for abuse as the trustee will often bleed the estate dry.
  Female Emancipation
An emancipated noble woman is one who legally has the same rights and privileges as a man, she can own property, bear arms, wear armor, ride a war horse select a husband, receive or pass on an inheritance. Noble women who wish to be emancipated must first seek approval of their clan head, then their liege lord, and must go to court and pay a hefty fee. However, if the clan head, liege lord, or higher-ranking noble desires, they can block the emancipation. Only widows and unmarried women may seek emancipation, married women are ineligible to be emancipated. Emancipation is used if cases where rare but has been granted to lords who have no sons but they wish to keep a title in the family.
  Free common women may seek to be emancipated if their clan head and liege lord agree, and they pay the equivalent of one year’s wages to their lord. The choice is sometimes given to women who do not fit the mold of a ‘traditional’ wife or mother. She is deemed too ugly, too unruly, prefers the company of other women or is simply not fit to be a wife, she may be emancipated. Emancipated common women can choose any career or other occupation open to a commoner. In some very rare cases they have been elevated to rank of knight.   Note, in Orbaal and Ivinia women generally have a bigger voice in clan affairs. Women can choose if they want to be a wife and mother or a shield maiden and fight with the men. Shield maidens are treated with respect and have for the most part the same privileges as their male counter-parts. Shield maidens may even marry and give birth with no impact to their status.
  Player Tip
Players who wish to play a woman are considered emancipated for game purposes.
  Feudal Tenants
The power of the nobiility is vested in the control of land. Agriculture employs and sustains 80-90% of all persons on Hârn and feudal lords and the church control most of the productive land. Most common folk are therefore belholden to a liege lord.
  Slaves
Slavery on Hârn is practiced only in Rethem, Tharda, and Orbaal. Slaves have minimal few legal rights. In Tharda there are legal codes for the treatment of slaves, which guarantee the right not be arbitrarily killed or maimed. A slaves progeny is normally also considered a slave. Slaves who runaway are serverly punished, slaves who run away twice and are re-captured my be killed as an example to others or sold to the Pamasini games.
  Player Tip
PCs can be escaped slaves and if they escape to a non-slave holding kingdom would be considered free and could become a serf or other occupation. However, the PC would still be considered a fugitive in their homeland.
  Serfs
Unfree tenants make up 70-90 percent of the rural population. Serfs are not slaves but are tied to the land. Serfdom is a complext contract between a lord and tenant each having rights and obligations governed by a complex web of social and legal customs.
  Player Tip
PCs may begin play as a runaway serfs and may become free if they spend a year and a day in a town or join a church or religious ordre. However, be aware runaway serfs cause repurcussions to their clan and family who must pay any fines due to loss of labor. Note, most runaway serfs are quickly caught, punished, and returned to service.
  Freeholders
Those who work the land but have no direct obligation to a noble. While free to come and go as they please, freeholders still must pay rents to the lord who actually owns the land.
  Yeomen
Most manors have special freeholders, called Yeoman who are in charge of a large farm and provide police, military, and other service as needed.

ROYAL JUSTICE

The legal system on Hârn is evolving to become more uniform royal courts and legal codes becoming more established. A monarch may oversee a court personally or have specially appointed nobles and attorneys oversee them.
  Shires and Hundreds
Most of civilized Hârn is divided into judicial provinces called shires, which are further subdivided into hundreds, each with their own legal organs. Royal courts are open in these areas and for a Shire are overseen by a Sheriff and a hundred overseen by a Baliff. These appointed men over see the administraiont of royal justice, collect the monarch's taxes and provide intelligetnce on local affairs. Lawyers will often argue cases in a royal court.
  Moots and Assizes
Royal courts (assizes) are usually held in a shire or hundred moot (meeting of clan heads) on a scheduled basis. The sheriff or bailiff sets the agenda, oversees proceedings. Six or twelve men of good standing, typically, yeomen or local knights, act as jurrors. The plaintiff and defendant present their case to the jurors, supported by the testimony of sworn witnesses when possible. The jurors’ render a verdict. Verdicts are influenced as much by the law as local gossip and politics, but you will get your day in court.
  Player Tip
PC's are advised to avoid becoming embroiled in the legal system if at all possible. Courts are as much about politics as the law. If a player does get involved, it is best to have the law, witenesses, and the mob on your side.
  Appeals
A verdict from a royal court may be appealed to the next hire court and even to the monarch if necessary but this can take time and cost money and often politcally annoying to the monarch. Only freemen and nobles may go through the appeal process.
  Player Tip
Appealing a verdict may sound like a good idea, however it may be politically unwise. An appeal my cause more complicaiotns and issues than it is worth.
  Felony
Felonies, are serious crimes against the monarchs peace, assault, murder, theft, rape. Felons are often put to death.
  Royal Writs
A writ is a summons to appear in court to hear a plaintiff’s case. Writs are issued in the monarch's name and issuers are usually paid a fee of 6-12d to serve them. Failure to appear in court can result in a summary judgement against the defendant.

FOREST LAW

Lands designated as forest are like farmland, owned by the nobility. It is illegal to hunt, fell trees, graze livestock, on forest land without express permission of the land holder. Poaching is a common crime, but carries severe consequences. A forest is overseen by a specially appointed yeoman called a Forester who patrols the land and ensures it remains unmolested. Penalties for being caught poaching range from a beating for a first time offender to execution for a recalcitrant.
  Player Tip
PCs beware of who's land you are hunting on ask and be sure to ask permission if in doubt. Nobles caught hunting without permission will be rebuked and fined by the local lord. Freemen caught poaching will be beaten and fined, woe be to repeat offenders.
 

TOWN LAW

Towns typically have the right to operate their own courts. Town law is much more complex than rural law and almost always involves members of the litigants guilds. Court cases in towns often invvole financial and guild disputes in addition to those involving breaches of the peace.
  Town courts are administered by alderman consisting of 6-12 officials. Disputants can seek hearings for lesser cases from individual alderman. Aldermen decide the cases and can issue writs, warrants, and levy fines. Important and complex cases are normally heard by the town court of all aldermen.
  Appeals by free persons can by made to royal courts of the region.

TRIALS AND ENFORCEMENT

Most cases are heard informally by the local noble who listens to arguements and renders a verdict. Addtional trial forms exist including the following:
  Sworn Inquest
Restricted to royal courts, any free person having obtained a writ may have trial in jury in a royal court.   Trial by Ordeal
Rarely practiced except for the crimes of witch craft, sorcery, and necromancy. The accused is put through a physica trial and if they pass are let go. If the trial does not kill them, the accused are usually put to death.
  Trial by Combat
If the accused is a noble they may ask to resolve the dispute in direct combat with the accuser. While a common type of trial under vendetta law, trial by comabt is usually only open to nobles and is usually denied by royal courts.
  Warrants and Arrests
Presiding officers of a legal court can issue warrants within their jurisdiction. The warrant may demand an arrest or demand the accused appear at the next court session. Nobles are required to enforce arrest warrants in their jurisdiction. Bounty hunters may be emploed by the court to capture a criminal outside of a court's jurisdiciton to be returned for trial.
  Player Tip
PCs are advised not to disturb the monarch's peace. Players may be employed as bounty hunters, although grabbing someone in another jurisdiction may cause an incident.
  Pamesani Games
In Rethem and Tharda criminals may be sentenced to the Pamesani arena to participate in combat. The sentence can be for a single combat or for a usually short life sentance.
Player Tip
Don't get sentenced to the Pamesini the games.
 

TORTURE

Torture is considered a legitimate means of extracting evidence from reluctant witnesses. It's use and severity varies from region to region. Many bizarre and inventive tortures exist with racking is the most common. Freemen can only be tortured by a royal court. Nobles can only be tortured if accused of the high crimes of treason or rebellion, otherwise they are imprisoned often in unpleasant conditions to loosen their tongues.
  Player Tip
Unless a PC is an appointed Baliff they are not legally allowed to administer torture. They can get into serious trouble I f it is proved they did so.
   

OUTLAWRY

An accused or convicted person who flees, escapes or evades capture can before or after the verdict of a trial will be declared outlaw. A declared outlaw may be slain by anyone without fear of prosecution. Any legally constituted court, right down to the lord of a manor, can declare someone an outlaw. If an outlaw is considered particularly vile or dangerous, a reward may be offered for their capture, dead or alive. There are a number of bounty hunters who wander Hârn in search fugitives.

CRIMES & PUNISHMENTS

State Crimes
Actions against the sovereign. These are deemed the most serious of crimes and are usually the only laws enforced against nobles. They are all felonies.
  • Espionage
  • Rebellion
  • Regicide
  • Killing or attempting to kill a member of the royal family.
  • Sedition
  • Treason
  Privilege Crimes
Crimes concerning the abuse or usurpation of some kind of privilege, obligation, or right. An offence against the social order.
  • Abuse of Trust
  • Breach of Rank
  • Oath breaking
  • Obstruction of Justice
  Social Crimes
Crimes of violence against commoners. A noble’s liability is usually limited to restitution in cash or kind, if that.
  • Abduction
  • Battery
  • Cannibalism
  • Manslaughter
  • Murder
  • Obscenity
  • Rape/Adultery
  • Slander
  Economic Crimes
Secular crimes that cause only economic harm. None are felonies unless royal privilege is invoked.
  • Breach of Guild Privilege
  • Forgery / Fraud
  • Harming Another’s Slave
  • Hoarding
  • Horse / Livestock Theft
  • Destruction of Property
  • Larceny / Theft
  • Piracy / Highway Robbert
  • Poaching
  • Smuggling
  • Tax Evasion
  Temple Crimes
Legally recognized churches have the right to hold canon courts to judge a variety of religous crimes, but only after the accused has been bound over for trial by the secular authorities. Trial by ordeal is common in canon courts.
  • Blasphemy
  • Breach of Temple Privilege
  • Desecration
  • Heresy
  • Witchcraft, Sorcery, Necromancy (assuming they are not Morgathians)
The Law As Practiced In:
Chybisa, Kanday, Kaldor, and Melderyn All practice Feudal Law. Melderyn has the most sophisticated form of Royal Justice and the fairest courts, hearing most serious cases. Kaldor has local law and royal courts, Kaldor's king is working to expand the power of the royal courts. In Chybisa and Kanday local courts still deal with most cases.
  Azadmere
The body of common law used in Azadmere is known as the King’s Law, a mixture of the vendetta system, traditional Jarin Trehaen Law, and elements of lowland feudal law. Most disputes are handled internally by each clan, whether Khuzdul or human. Law is administered in the city by justiciars and elsewhere by circuit court judges. Final appeal is to the King’s Court, which is mandatory when the death penalty is imposed.
  Evael
The Sindarin rarely transgress against their customs. Clanheads are well able to settle most disputes, and the king may be called upon if necessary.
  Orbaal
Vendetta and family law rule the north; central government is weak and there is no royal justice system. The internal affairs of clans are handled exclusively by the valhakar (clanhead) and his thrangaad (council). Lesser tributary clans may appeal to the judgment of the valhakar of a great clan, but in disputes among the great clans, feuds dominate.
  Rethem
Rethem’s judicial system is notorious for corruption and abuse. The legal landscape is complicated. While the kingdom’s laws are mostly based on Kandian feudal law, they include a mixture of old Corani imperial law, Agrikan temple law, and even Kuboran dispute-settling practices. While there is social pressure to observe the legal procedures, the importance of the form of the law often takes precedence over the search for justice. Rethem’s nobles are not known for their mercy.
  Thardic Republic
The Thardic Republic has a judicial structure that is somewhat alien in the Hârnic context. The Thardic Senate in Coranan is the supreme court, but only important cases can appeal this high. Judicial administration in each province is headed by a provincial magistrate and each province is divided into districts, each headed by a legar. Most legal disputes among common folk, however, are handled informally by the client/patron system that dominates Thardic society.


Cover image: HarnWorld Caravan by Columbia Games, Richard Luschek

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