Hubraic Courts

The pre-Invasion legal system in Kredashmi was highly organized and influenced by the customs, traditions, and legal codes of early Kredasene society. Renamed Hubraic Law by the Raskvaerii legal scholars who reforged the ancient laws and practices, it was a legal system that emphasized compensation and reconciliation as a means of resolving disputes rather than resorting to punitive measures. It was a distinctive legal system with a strong focus on community and the restoration of harmony among parties, and was greatly influenced by the Kredasene faith in Everyman. The main tenants of this faith focus on principles of shared social, economic, intellectual harmony.

The Courts

The Hubraic legal system was unique in the Saeric Lands, because it utilised a very small number of courts. It was also the only legal system where the monarch did not have their own official court. This was largely due to the fact that crime was framed as a purely social offences, and were therefore dealt with within the context of clan communities. Even crimes involving economic offences, such as theft, fraud and bribery, were understood to be breeches of social contracts.
There were four main types of courts, each with specific areas of focus.

Court of Mediation

Courts of Mediation dealt with a wide range of local and community matters. This could include land disputes, theft, arson and kinslaying. It also dealt with the creation of marriage contracts, the care of apprentices, and wardships.
There was no fixed 'building' in which these cases were heard. The Mediator would usually chose a public space or a private house in which to hold court.

Court of High Mediators

The Court of High Mediators were provincial courts that were overseen by the High Mediator: the legal expert chosen for the role specifically by the local klansheer. This court was usually held within the clan 'capital', or main town, and involved matters of regional significance, such as inter-community disputes (e.g. land disputes).

Klansheer Courts

These courts were presided over by the klansheers themselves. These courts were held infrequently, and often resulted in the summoning of Mediators from across the territory to advise on the disputes. The Klansheer Court was the only court where a conviction could, in very rare circumstances, carry the penalty of death. This sentence would be carried out personally by the klansheer.
These courts were usually held in the klansheer's hereditary castle. Informal courts could be held in times of social crisis, called

Lamentation Courts

These gatherings were largely petitionary in nature. They were called by the people, signalling their desire for a meeting of the Lamentation Court by light bonfires along the main road from their settlements to the klansheer's castle. Each territory had its own designated meeting area for these courts, where the klansheer would present himself to his people and hear their complaints. Meeting on this sacred land was a guarantee of safety for the individuals wishing to discuss their grievances from the klansheer's retainers.

Dragon Courts

Dragon Courts were introduced during the reign of the first Kredasene Kohnyg, Jurrien van de Rhaelen. These courts were held to settle grievances between rival klansheers, in order to prevent the bitter skirmishes, kidnappings and murders that had characterised their relationships before the arrival of the dragons to Kredshmi. No archival evidence remains to show the workings of this court, but it is rumoured that the reconciliatory talks were monitored by the dragons themselves, rather than the Kohnyg.

Dragon Court by Brinsmead via Bing AI

Type

Courthouse

A Mediator Mediating by Brinsmead via Bing AI

Court Procedures and Protocols

The Hubraic courts operated by a set of strict procedures and protocols, in order to bring about the best outcomes for mediation and dispute resolution.

Preliminary Meetings

The mediation process began with a preliminary meeting between the parties in dispute, in order to give both sides an opportunity to privately express their grievances and positions.

This initial meeting enabled the Mediator to hear each party’s concerns, and identify the main issues at hand. It also gave the Mediator better insight into potential difficulties in securing resolution in the case.

While a local Mediator usually oversaw these cases, sometimes one or other party would feel that they were unable to remain neutral in their case. In these cases, a Mediator from another settlement might be called in, in order to guide the mediation process and ensure fairness.

Presentation of Evidence

At a chosen time and place, the parties met once more to present evidence. This could include physical evidence and witness testimonies, in order to support their claims.

Negotiation and Deliberation

Under the Mediator's guidance, the parties engage in negotiation and deliberation, in order to find common ground.

The Mediator was often required to interject, calming raised tempers and arguments. They could propose compromises and solutions, always tryin to restoring social harmony.

Agreement and Terms

If the parties could reach a mutual agreement, then the terms of the resolution were recorded in the Mediator’s court book and the court session closed.

It was the Mediator’s role to ensure that the terms were just and balanced, addressing the concerns of all parties.

If an resolution could not be amicably reached, then the Mediator would be forced to make a ruling on behalf of the two parties.

The Mediated agreements were legally binding. Both parties were expected to adhere to the terms of the agreement, and sanctions could be applied in cases of non-compliance.