Law and Order in Aldernord

The Privileges of Class

Deeply embedded in Alderni law and custom are certain traditions and statutes around the appropriate rights and privileges of members of the varying social classes.
Serfs, indentured workers, and other peasants:

• May not travel without the permission of their liege
• May be subject to summary, corporal and collective punishment
• May not carry weaponry unless drafted into an army, or such things as are required for their labour but might be pressed into service as a weapon, or for the hunting of small game should they be permitted to do so by their liege
• May petition their baron, or the Royal Tribunal, for redress on any matter, though there is no guarentee of a response

The freefolk and citizens of Charter-Towns, as well as recognised foreigners within the nation:

• May travel as they wish (though they would be wise to carry a letter of reference or signed declaration to prove that they are not a serf)
• May arm themselves for the purpose of self-defence, though may not wear armour made of metal or carry "weapons of war", variably defined, unless enlisted in military service; though tenured knights may wear such armour and carry such weapons as they wish
• May not be subjected to summary or collective punishment
• May be subjected to corporal punishment, and the judgments of a baronial and charter-court
• May petition their baron, or the immediate feudal overlord of their baron, or the Royal Tribunal, for redress on any matter, though there is no guarentee of a response

Members of the Low Nobility:

• May arm and armour themselves as they wish
• May adopt and display a coat of arms
• May not be subjected to corporal punishment
• May not be detained or imprisoned by a barionial or charter-court for more than three days without the consent of a justice of a ducal court
• May be subject to the judgments of a charter-court, but not a baronial court
• May petition their feudal overlord, or the Royal Tribunal for redress on any matter

Members of the High Nobility:

• Have all the privileges of the Low Nobility
• May hold senior positions among the clergy of the Daughters of Null
• May petition their Matriarch, the Royal Tribunal, or the Queen for redress on any matter
• Are only subject to the judgments of the ducal court of their House, of the Royal Tribunal, and of the Queen

Courts of Law

The central principle of Alderni jurisprudence is that the feudal ruler of a particular area of land has the right and responsibility to enforce the law in that land; from this rule there thus emerge several tiers of court: Baronial, Ducal, and the Royal Tribunal. Charter towns have their own courts.

Baronial Courts

Baronial courts are held under the authority of the low nobility, whether of a client house or an alloidial house. The holder of the barony is ultimately responsible for the decisions of the court, and can choose to hear cases in person or delegate this to another member of the baronial household - in either case the noble presiding over the court is termed the magistrate. In these courts, most matters of law with respect to serfs and the freefolk are dealt with; baronial courts are permitted to arbitrate disputes as the see fit, and when a crime has been committed to pass sentences of fines, corporal punishment, indenture, banishment and death at their discretion. 
Those who appear before a baronial court have the right to know the charges that are levied against them, and to speak in their own defence; there is no legal representation, nor is there a particular standard that evidence must reach to be considered. Whilst the presiding magistrate has the ultimate say in the passing of judgement, they may be assisted by a number of appointed jurors (traditionally nine) drawn from among the freefolk; the role of the jurors is to investigate accusations and give an opinion on the matter, though there is no requirement for the magistrate to abide by the opinion of the jurors.
Serfs can be summarily punished by an official termed a voigd (sometimes referred to as a reeve), a member of the yeofolk who is either elected by their peers or appointed by the barony, and who has general responsibility for enforcing the decisions of the baronial court; most baronial courts grant only the right to levy fines or inflict corporal punishment to their voigds, reserving the use of capital punishment for the court. Freefolk have the right to be tried by magistrate if accused of a crime, though this is not necessarily guaranteed to be any less arbitrary: Baronial courts are beholden to no higher power than themselves, and are free to interpret the law as they see fit, thus the extent to which anything resembling a fair trial can be expected varies enormously from one barony to another.

Ducal Courts

Members of the nobility - whether of the High Houses or lower - are not subject to the judgements of the baronial courts (though members of the low nobility can in some circumstances be detained by these courts until they can be delivered to the custody of a ducal court for trial), and cannot be compelled by them. Matters involving members of the nobility are settled in one of the nine Ducal courts, which fall under the authority of the High Houses. These courts are empowered to hear and pass judgement on:

• Accusations of criminality against banner-knights and members of client houses in fealty to the ducal household
• Disputes between members of the low nobility sworn in fealty to the ducal household
• Accusations of criminality against a member of the High House that are made by another member of the ducal household[/il]
• Disputes between members of the ducal household

The Matriarch of the High House has ultimate authority over her ducal court, and may preside in person over any case should she so choose; the matriarch is however permitted to delegate her authority to another member of her household, and in practice this is the norm. Acting as a judge in a ducal court is seen as an important step in the political career of a noble scion, and as with academia and military command, is not restricted by gender; it is thus an area in which noblemen of the High Houses who seek advancement in their own right often prosper in. Ducal courts are rather more formal than baronial courts, and their decisions somewhat less arbitrary. Jurors are universally employed to investigate allegations and advise on judgements, and in this case they are usually professional scholars of jurisprudence, and almost inevitably members of the nobility. Also present are legal advocates acting on behalf of the plaintiff and defendant, who might either be members of the nobility or professional advocates from the growing urban middle-classes.
Among members of the High Houses there is also a tradition of judicial combat known as Justification by Arms, albeit one which is infrequently used in the modern era.

The Royal Tribunal

As the Queen is sovereign over the nation, it is her right to pass judgement upon its citizens; in practice it is rare for the monarch to exercise this power herself, and this power is invested in three Royal Tribunals, each consisting of three members - one judge from each of the High Houses. Whilst they operate in a similar fashion to the ducal courts, the scope of their authority is wider. The majority of their work deals with accusations and disputes that occur between different High Houses, or between members of the low-nobility sworn to different High Houses, but they can also demand that any lower court pass a case to them for their judgement; this is occasionally used as a kind of court of appeal, though it is important to note that whilst any person - from a Duchess to a serf - can petition the Royal Tribunal, there is no universal right to such an appeal and it is granted solely at the discretion of the judges of the Tribunal. The Royal Tribunals also have authority over cases involving alloidial houses, and over all cases of treason where it is committed by a member of one of the High Houses.
By statute and tradition, judges of the Royal Tribunal must recuse themselves should a case involving a member of their High House, or a vassal thereof. The exception to this rule is in the case of a Grand Tribunal, called at the sole discretion of the Queen to hear cases of the gravest kind, in which all nine judges hear the case and advise the Queen, who then ultimately passes judgement herself.
As of 1344 AK, the judges of the Royal Tribunal are:

• Lady-Scion Trista Bheuren (politically hardline)
• Lord-Scion Proclus Canthor (politically moderate)
• Countess Panagiota Erastes van Kappelmark (politically moderate)
• Lord-Scion Otto Mettvergen (politically reformist)
• Countess Altaluna Riddacci van Strixmark (politcally hardline)
• Lord-Scion Volburg Sarren (politically moderate-to-hardline)
• Lady-Scion Agnesia Votellian (politically reformist)
• Countess Orthia Ysern van Mollisvaal (politcally moderate)
• Lord-Scion Jozef Zaal (politically moderate)

The Free and Secret Courts of Charter

Towns and cities established by Royal Charter have their own courts, which stand somewhere between the baronial and ducal courts. These "Free Courts of Charter" have authority over all criminal cases that occur within the boundaries of the charter-town, and over civil cases which relate to matters of the town. The latter makes up the bulk of their work, and the judges - professional scholars of jurisprudence, though generally not of the nobility - spend the majority of their time adjudicating disputes between merchants and passing judgement on cases of unpaid debts. The Free Courts have the authority to pass sentence on members of the low nobility, but not on those of the High Houses.
Some charter cities are also home to so-called "Secret Courts", who operate in a rather different fashion. These exist as oath-bound fellowships of individuals who pledge to guard the city through the investigation of crimes and punishment of criminals; following no rules save for their own, they are judge, jury, and executioner, little more than organised groups of vigilantes and often no better than the criminals who they pursue. From time to time, efforts are made to crack down on the Secret Courts, though they are often tolerated as a deterrent to those who might stir up trouble against the nobility, and not infrequently have the aid of powerful and wealthy benefactors.

Crime and Punishment

Fines and Indenture

Most offences are punishable by a fine paid by the offender to the victim or their family. In the case of such thing as theft, fraud, and property damage, the fine is usually between two and ten times the value of that which was taken or damaged. In cases of assault, fines tend to reflect the amount of harm done, and the social stature of the victim - this might range from a single silver shilling for striking a citizen of a charter-town with an empty hand, through to several thousand golden marks for seriously injuring a member of the High Nobility.
In cases of manslaughter - which covers all accidental killings, whether the act that resulted in the death was intentional or not - the payment of wergeld is the prescribed punishment. This fine, paid to the family of the deceased (or to a serf's landlord), depends solely on the social standing of the victim, and can range from twenty-five thousand golden marks for a member of the Royal Sept, to five golden marks for a serf or indentured worker. Failure to pay wergeld typically results in the victim's family (or landlord) having the choice of whether the offender should face the death penalty, or being indentured to them in payment for a debt.
Serfs are, by and large, not in a position to pay monetary fines; similarly, those who face large fines often find themselves unable to make good on them. For such individuals, and likewise for those who find themselves with debts that they cannot afford to repay, there are generally two outcomes: the confiscation of property to offset the value of the fine, or indenture as a bonded worker. This latter condition is equivalent to serfdom, though usually of a time-limited fashion and without the expectation that any children born to an indentured worker would themselves become serfs. For serfs who find themselves "twice-indentured", this typically results in the imposition of further compelled labour, somtimes known as "corvee in lieu of debt".

Corporal Punishment

Certain offences, when committed by members of the lower classes, are punishable by physical means; by tradition and statute, such a punishment cannot be inflicted upon any member of the nobility. Practices vary considerably across the nation, but commonly this can include such things as flogging or beating with a cane, often in a public location such as a village square or town marketplace. Such a sentence is most frequently used as a form of summary punishment inflicted by a voigd upon disorderly serfs, for such offences as public drunkenness, brawling, or insubordination. Some areas also make frequent use of stocks and pillories in addition to such measures, adding a degree of public humiliation to the punishment.
For some crimes, more permanent forms of corporal punishment are sometimes inflicted. Thieves, poachers, and fugitive serfs are frequently branded with a hot iron, and in some charter-towns a similar punishment is used on those found guilty of using false weights and measures or other forms of mercantile fraud. More extreme forms of mutilation are rarely practiced, save for by the Secret Courts of Charter, who are known to do such things as cutting off fingers and gouging out eyes, at least in part as to act as a deterrent to those who might earn their ire.
One crime which often attracts severe corporal punishment is the breach of certain laws regarding the privilege of nobility. Whilst some offences of this kind are treated as offences of a more general kind - such as the ban on non-nobles wearing metal armour or carrying "weapons of war", which is generally treated as proof of intent to commit banditry or insurrection - the impersonation of a member of the High Houses is in and of itself illegal, with punishments varying depending on the nature of the deception.
In most cases, corporal punishment can be avoided by the payment of a fine - a fact which certain voigds use to greatly enrich themselves through extortion. In some areas this is so common as to attract a tax known as "Surety in Lieu of Discipline", a payment to avoid the imposition of corporal punishment for minor offenses - which could be as arbitrary and trivial as the voigd might wish.

Capital Punishment

Capital punishment is reserved for the most serious offences, including murder, arcane malefice, banditry (which refers to all charges of armed robbery), counterfeiting coinage, and treason; and for lesser offences where the offender is judged particularly recalcitrant. Hanging is the usual form of execution, considered more humane than the notorious brutality of the Katari Empire's preferred methods. Executions are generally carried out in public, to act as a deterrent against other criminals. Members of the High Nobility sentenced to execution are usually granted the option of taking "Royal Mercy" - a poisonous drug derived from hemlock, aconite, and other plants, which grants a relatively rapid and painless death if administered in sufficient quantity. Following execution, in most cases the corpse of the deceased is returned to the family for funeral arrangements to be made.
In cases of treason, "twice-damnable murder" (that of a member of one's own family, or of a child, or of a member of the High Nobility; or one which is committed in a particularly cruel or brutal fashion), and certain other particularly heinous offences, execution by decapitation is the normal punishment, followed by the immediate cremation of the body.
Where a person of property, whether noble or commoner, is convicted of a capital crime their punishment will include the forfeiture of lands and titles. In most cases these are reclaimed by their feudal overlord, or in the cases of burghers, by the burghermeisters of the town. In the case of treason, the title and land are forfeited directly to the Crown, who may dispose of it at leisure; precedent states that the Matriarch of the High House who held primary tenure of the land may be permitted to pay a fine known as Relief of Attainder to reclaim the land and title, and this is usually permitted (albeit at exorbitant rates). Where a Matriarch is convicted of Treason, it is usually the case that their successor is permitted to reclaim the Duchy under Relief of Attainder; indeed, there has only been one case in which this has not been permitted: In 1201 AK, in the later part of the Inheritance War, Queen Beatrix II Bheuren seized the entirety of the Duchy of Ysbervaal as her personal demesne following a failed assassination attempt sponsored by Duchess Relinde Ysern, resulting in the effective abolition of House Ysern until they were pardoned following Queen Beatrix's death in 1206 AK.

Sedition and Treason

Sedition and treason are considered cognate offences - the former concerning words spoken or written against the Queen, the Royal House, and the Sovereignty in general, and treason concerning acts undertaken against the same. Both offences are punishable in broadly the same fashion: lesser offences with a substantial fine (in the case of the nobility) or with harsh corporal punishment and confiscation of property for the lower orders; and for more serious offences, with death and the forfeiture of all titles and estates.
Treasonous acts committed by the High Nobility have always been taken extremely seriously; indeed, the threat that such actions could pose to the Sovereignty is seen as justification for taking extreme measures. Death is the inevitable punishment.
Also sometimes classed as treason is any conduct which impugns the honour and dignity of the Queen and her household. Within the High Nobility there is a certain amount of leeway given on this matter, the understanding being that a certain degree of derision of a subtle or not-so-subtle nature is part of the everyday cut and thrust of politics - though it must always be remembered that there are lines which must not be crossed. Reference is sometimes made to the "four treasonous insults", which by convention are not to be spoken or implied: that the Queen is illegitimate by birth; that the Queen is incapable of discharging her duties as monarch; that the Queen is beholden to some other power; or that the Queen should be replaced as monarch.
Aldernord has historically had few laws concerning freedom of expression. Since the Savuran revolution, however, the situation has changed; whilst there is little in the way of pre-emptive censorship, those who produce works that criticise the status quo are increasingly likely to be charged with sedition.

Vagabondage

Many charter towns forbid vagrancy and begging, considering such things a threat to law and order, and those who are runaway serfs are de facto criminals in their own right. Many charter towns thus consider anyone who is unable to provide adequate proof of their identity and permission to travel to be a vagrant unless they are vouched for by a burgher of the town. So-termed vagabonds may be returned to their place of birth, or else indentured for up to two years, after which they might either be expelled from the town or granted the right to dwell there as a burgher. In larger cities this is effectively impossible to enforce, though those found begging are generally moved-on by the local militia.
Children who are found begging become wards of the town, unless their families can be found or a citizen of the town is willing to adopt them; when they are of sufficient age they are typically taken on as indentured apprentices by a local guild, and are granted their freedom upon completing their apprenticeship.

Fugitive Serfs

Serfs have few rights under Alderni law, and are not permitted to leave the land of their feudal overlord without permission. Those who do flee their land are liable to be returned by force if they are caught; any property that they have acquired is confiscated, and they are typically subject to some form of corporal punishment at the discretion of their overlord, which almost always includes facial branding - typically with the letter V, indicating vagabond. Recurrent escapes can be classed as recalcitrance and carry the death penalty, though it is relatively rare for this to be used in practice. Knowingly harboring a fugitive serf is technically illegal, and subject to a fine - though this is rarely enforced.
Whilst many charter towns will make a perfunctory effort to return a fugitive serf, the enforcement of the law against those who flee serfdom is ultimately the responsibility of the overlord from whom they flee. The longer that a serf has been a fugitive, the harder it is to recapture them, and thus many landlords consider it a lost cause unless the serf is caught in the process of leaving. In practice, this law is often enforced by groups of self-styled bounty hunters, who patrol the land to apprehend any who they suspect of being fugitives. Corruption among such groups is rife, and it is not uncommon for such bounty hunters to "accidentally" accost legitimate travelers and merchants, demanding "surety" for their status as non-serfs; most are little better than brigands, and many landowners refuse to deal with them on principle.

Collective Punishment

One aspect of Alderni law which is often viewed as especially harsh relates to the right of Barony to inflict collective punishment upon serfs if one of their number commits a crime and then makes an attempt to flee justice. In such matters, the community at large - typically their family, or the the village in which they dwell - is held to be responsible for the offender's conduct, or at the very least, for failing to prevent it.
The noble presiding as magistrate over a Baronial Court has the right to obligate the offender's family, or members of their wider community, to attend the court, and this is the norm in almost all such cases. The serfs are required to swear an oath that they were not party to the offence, and that they denounce the offender and vow not to associate with them henceforth, or provide them shelter, hospitality, or aid of any kind. If even a single serf does not, or if any then subsequently breaks this oath, they and every other member of that community are obligated to pay a fine dependent on the gravity of the offence.

Arcane Malafice

In general, offences that involve the use of magic are treated no differently to those which are purely mundane; however, there exist several laws relating to certain specific uses of magic which are considered abhorrent.
The first case that this typically applies to is necromancy. The Daughters of Null teach that the deliberate creation of undead creatures - especially those which are ensoulled, rather than simply reanimated husks - is an affront to nature and the gods, and that those who practice this art are to be shunned. The only exceptions to this rule surround particular rites practiced by the clergy of Kriophona, which include the creation of "guardian ghosts" to watch over tombs and graveyards - and such rites are only ever conducted with the permission of the deceased prior to their demise, and even then only rarely. The act of returning the dead to life is something of a legal grey area; whilst certain clerics of the Daughters are capable of performing such rites, the practice is permitted only when the omens indicate that someone died before their time, and only whilst the soul resides within the body. However, exceptions exist for when a person is restored to life very soon after their death - the commonly cited rule being that to do so is not technically necromancy as a person is not truly dead until eight hours after their heart ceases to beat.
Another instance of arcane malafice can be found in the use of certain forms of enchantment that subjugate the will of another person; a minor charm or suggestion is not generally considered sufficient to warrant a charge of arcane malafice, but spells that grant more complete mental dominion over another would be. Others include the infliction of virulent diseases by magical means; the removal, imprisonment, or destruction of souls; the permanent or long-lasting transformation of another person against their will; and the summoning and binding of entities considered "inherently malefic" - a definition which is often rather loose and imprecise.
Those who are convicted of arcane malafice are generally executed, their bodies incinerated, and their ashes scattered in some remote place.

Religious Crimes

Though the worship of the Daughters of Null is the state religion of Aldernord, the nation is as a whole very tolerant of other faiths - provided that their followers do not upset the social order. With the exception of the purges against the followers of the Lost God of the Sun, official action against other faiths has generally always been as a result of the faith's adherents committing other crimes, rather than solely for their existence and teachings.
Heresy is not a meaningful concept as applied to the faith of the Daughters of Null, and there is no law against questioning the teachings of the faith - unless such questions become seditious, such as questioning the legitimacy of the Divine Bloodline. Laws against blasphemy exist but are only sporadically enforced, generally as a matter of public order.