The Capitulary of Castle Marrach

Contents


Foreword

Chapter I

  • Court Procedure

Chapter II 

  • Appeals

Chapter III

Chapter IV

Appendix I

  • Quick Reference - Alphabetical Reference by Crime

Appendix II

  • Outline of the Numerical Reference System

Foreword


By order of Her Majesty, herewith is posted the Capitulary of Laws, for all to read and obey. Note certain and recent revisions. Sir Launfal, Lord Chamberlain

Her most serene Majesty, Queen Vivienne, did grant to the people of the castle the following provisions, that people should live according to law and right. Her Majesty has ordained, moreover, that, where anything is contained in the law that is otherwise than according to right and justice, they should inquire into this most diligently, and make it known to her; and Her Majesty hopes to thereby improve it.

And let no one, through cleverness or astuteness – as many are accustomed to do – dare to oppose or avoid the written law, or the sentence passed upon them, or to prevail against any person.

And let the Queen's servants diligently investigate all cases where any person claims that injustice has been done by anyone; and thus altogether and everywhere and in all cases let them fully administer law and justice according to the Queen’s will. And if there should be any matter such that they themselves could not better it and render justice with regard to it; without any ambiguity they shall refer it, together with their reports, to the Royal Justicar. And furthermore, if the Royal Justicar cannot render justice, the matter shall be referred to the Royal Court.

Chapter I. 

Court Procedure

[1.01] If any one shall be accused of a high crime, let the Royal Guard or Winter Watch detain them if sufficient evidence provides itself.  Following, the Captain of the Royal Guard shall determine whether the accused person should be prosecuted; and let the accusation be known to the Crown Prosecutor and to the Royal Justicar [1.01A];  but in cases where one of noble blood is accused, the Captain of the Royal Guard shall determine whether the accused person should be detained to prevent further damage or trouble and the accusation shall be made known to the Lord Chancellor instead [1.01B] (see [1.01B-a]).

[1.01Aa] Should the Captain of the Royal Guard determine in favour of prosecuting the accused person, let the Royal Provost and Sheriff of the Gaol be made aware of the charges upon the accused, and let the accused permitted Release Under Distraint*.  

*  Release Under Distraint shall permit a person accused of a high crime to be free of Her Majesty's dungeons, prisons and stocks until the time of their trial, under its stated restrictions and conditions as per 1.01Aa-a through 1.01Ac-e.

[1.01Aa-a]  If the accused person is accused of a non-violent high crime, let them be released under distraint until the time of their trial.  Non-violent high crimes shall include:

  • Perjury and Subordination of Perjury
  • Desecration of Shrines or Chapels
  • Misprision of Treason
  • Disobeying Orders (Royal Army)
  • Withdrawal or Refraining from Engagement (Royal Army)
  • Negligent Duty (Royal Army)
  • Forgery
  • Bigamy and Incest
  • Tampering with Bones or Corpses
  • Making False Accusations
  • Impersonation

[1.01Aa-b]  If the accused person is charged with a violent high crime, let them be released under distraint until the time of their trial, provided the accused is deemed a non-threat to the denizens of Her Majesty's Castle by the Royal Provost, and the Captain of the Royal Guard.  These violent high-crimes permitted release under distraint shall include:

  • Murder (Unpremeditated)
  • Striking Fools
  • Drawing Weapons Against a Knight or Noble
  • Rape and Bestiality
  • Kidnapping and False Imprisonment
  • Bewitchment
  • Attempted Murder (with and without maiming)
  • Bloody Assault
  • Carnal Knowledge of a Minor

[1.01Aa-c]  If the accused person is charged with any of the immediately following crimes, they shall not be permitted release under distraint, unless the conditions of [1.01Aa-d] are met:

  • Murder (Premeditated)
  • Treason, Rebellion, Conspiracy, and Espionage
  • Poisoning
  • Cannibalism
  • Arson and Willful Damage
  • Escape, Attempted Escape, and Aiding Escape from Lawful Imprisonment
  • Corruption
  • Failure to Appear, Failure to Respond to Summons and Contempt of Court
  • [1.01Aa-d]  If the accused person can provide a guarantor*, they shall be permitted release under distraint for any high crime.

    * A guarantor shall be any member of her Majesty's Court (of Courtier rank or greater) who will attest to the accused person's suitability to release under distraint.  The guarantor must make a legally-binding oath before a Scribe of the Chancery, attesting to and accepting that: 

    • That the accused will not commit any crimes while awaiting his/her hearing/trial/punishment
    • That in the event either of the above are violated, the guarantor accepts equal responsibility and punishment to the accused for any violations. 

    [1.01Ab]  Before the release under distraint of the accused person:

    [1.01Ab-a]  Let the accused's access and ability to enter their guestroom(s) at will, be removed.  Also, let the accused person be stripped of all belongings in their possession at the time of their arrest, unless the accused is of Noble blood, and in such instances, let them abide by [1.01Ad] *

    * Both of the above shall be held in the possession of the Sheriff of the Gaol, to be returned to the accused person when their trial has been completed, and the accused has either been deemed innocent, or been deemed guilty and seen their punishment carried out.

    [1.01Ab-b]  Let them be uniformed in the following:

      • A brown robe, marked with the sign of the accused.
      • A pair of brown sandals.
      • A brown oilcloth cloak, marked with the sign of the accused.
      • A pair of leg and wrist shackles, should the accused person be charged with a violent high crime.
      • A brown burlap pouch.

    [1.01Ab-c]  Should the accused have access to the Inner Bailey, let it be removed until the completion of their trial, and they are deemed either innocent, or deemed guilty and have seen their punishment carried out.

    [1.01Ab-d] Let a public notice be made by a Scribe of the Chancery, informing the denizens of who is released under distraint, and what high crime(s) they are accused of.  Additionally, let notice also be sent to the Royal Justicar and the Lord Chancellor.

    [1.01Ab-e]  Let the accused be made aware of the following restrictions placed upon them while released under distraint:

    1. The accused must wear their uniformed items (as per [1.01Ab-b]) at all times.
    2. The accused cannot at any time wear anything aside from the uniformed items provided to them as per [1.01Ab-b].
    3. The accused must allow the pouch provided to them as per [1.01Ab-b] to be searched at any time by any member of the Winter Watch, Royal Guard, or Gaol.
    4. If the accused is shackled, they are forbidden from removing their shackles at any point.  Shackles or other restraints can only be removed by a member of the Winter Watch, Royal Guard, or Gaol, after their hearing (if plea is guilty) or trial (if plea is innocent and the accused is deemed either innocent, or deemed guilty and has seen punishment carried out).
    5. The accused cannot at any time bear a weapon, or carry one on his or her person.
    6. The accused cannot enter the Inner Bailey at any time, with the exception of for their hearing or trial, or otherwise permitted by the Royal Justicar, Lord Chancellor, or Her Majesty the Queen, and must be accompanied at all times by a member of the Royal Guard or Gaol.
    7. If there is a victim in their crime, the accused cannot remain in the same location as the victim for longer than it takes to pass through (this excludes Court of High Justice Proceedings), and cannot speak to, write to, or have any contact with the victim, either directly or via a third party.  The only third party excepted from this restriction is the advocate for the accused, if said advocate is approved by the Royal Justicar or Lord Chancellor.

    [1.01Ac]  During the release under distraint of the accused person:

    [1.01Ac-a]  If the accused person violates any law while awaiting their trial, let them be immediately arrested, and spend the rest of their wait for their trial incarcerated.

    [1.01Ac-b] If the accused person violates any restriction placed upon them as per [1.01Ab-a] through [1.01Ab-e], let them be immediately arrested, and spend the rest of their wait for their trial incarcerated.

    [1.01Ac-c]  The accused person must report to the Sheriff of the Gaol, or one of the Deputies of the Gaol at any time established by the Sheriff of the Gaol for commoners, or the Royal Provost for all other personages. The frequency of this report is entirely at the discretion of the Sheriff of the Goal or Royal Provost.  If the accused person fails to meet this requirement, let them be arrested, and spend the rest of their wait for their trial incarcerated.

    [1.01Ac-d]   The accused person must make themselves available to the Chancery for hearing, testimony or any other requirement deemed necessary by the Chancery.  If the accused person fails to meet this requirement, let them be arrested, and spend the rest of their wait for their trial incarcerated.

    [1.01Ac-e]  A public notice of hearing and/or trial will be made by a Scribe of the Chancery.   Should the accused fail to attend their proceedings without giving prior notice (and essoin granted by the Crown Prosecutor or Royal Prosecutor), it shall be taken as a confession of guilt, and let the accused be arrested, and the punishment for their crimes be administered. 

    [1.01B-a] If the accused is of Noble blood, and the Captain of the Royal Guard has determined the accused person should not be detained, they may appeal to the Royal Provost, and the Royal Provost may determine what restrictions for Release Under Distraint (as per 1.01Aa-a through 1.01Ac-e) the accused will be required to abide by.  Should the accused wish to appeal the decision of the Royal Provost, he or she may do so to the Lord Chancellor.

    [1.02] If the Prosecutor or the Lord Chancellor finds merit in the charges, then the accused person shall be summoned, and shall appear, before the Justicar, Lord Chancellor, or Crown Prosecutor and Scribe, as it may be [1.02A]; and the charges to be tried shall be made known, and a plea entered [1.02B]. If the plea be guilty, then judgement may be rendered, and a penalty set [1.02Ba]; but if the plea be innocent, then the accused must choose the form of their trial, and the case must be tried at a time set by the Royal Justicar or the Chancellor [1.02Bb], as it may be.

    [1.03] Those of noble blood – Princes and Aristocrats – may choose the wager of battle [1.03A], or trial by jury of their peers [1.03B], or judgement by the Queen herself [1.03C]. If found guilty, the judgement rendered against one of noble blood may be expulsion [1.03Aa/1.03Ba/1.03Ca], beheading [1.03Ab/1.03Bb/1.03Cb], loss of noble rank [1.03Ac/1.03Bc/1.03Cc], loss of position [1.03Ad/1.03Bd/1.03Cd], loss of privileges [1.03Ae/1.03Be/1.03Ce], imprisonment [1.03Af/1.03Bf/1.03Cf]; but no one of noble blood shall have the penalty of exposure in the stocks levied against them [1.03D].

    Addendum:

    [1.03A] If the accused is allowed the choice of wager by battle, the Royal Champion shall contest in the Queen's name; but with the consent of the Royal Justicar or the Chancellor, as may be, some substitute may enter the field for the Champion. But, the substitute must be a person in some way connected with the case, as for example a relative of a murder victim. Trial by combat need not be to the death; but in civil cases, if the defeated party survives and be the one that brought the case, they are to be immediately charged with perjury.

    [1.03B] In trials by jury, the number of jurors shall be seven: three chosen by the accused; one by the Royal Justicar, or the Lord Chancellor, as the trial may happen to be; and three by the Crown Prosecutor. At least five of them must concur to return a verdict.

    [1.04] Knights and courtiers may choose the wager of battle [1.04A], or trial by jury of their peers [1.04B], or judgement by the Royal Justicar [1.04C]; but the peers of a knight are not themselves of less than knightly rank [1.04Ba].  Addendum: see - [Addendum: 1.03A/1.03B]

    [1.05] The common people of the castle shall be judged by the Royal Justicar in all cases of high crimes.

    [1.06] If any person be accused of a misdemeanor, he or she may be detained by the Royal Guard or the Winter Watch; or not, as they see fit; and the Captain of the Royal Guard, or the Corporal of the Winter Watch, shall do justice by them, and set the penalty for their crime if found guilty. But the authority of the Winter Watch shall not run in the Inner Bailey of the castle [1.06a].

    [1.07] The Crown Prosecutor is allowed recourse to torture only when the Lord Chancellor permits, and only in cases where death or expulsion is a possible penalty, and only against the accused person. But persons of noble blood shall not be exposed to torture [1.07a].

    [1.08] Any person bearing witness shall do so under oath; and bearing false witness shall be punished as perjury. And the use of compurgation or conjurators shall not be allowed in the Queen’s courts.

    [1.09] No person, having come before judgement and having had a verdict rendered regarding innocence or guilt, shall be again charged or tried for the same act. But if a person be found guilty of a high crime, they shall at once be handed over to the Royal Provost who shall ensure that the penalty is carried out.

    Chapter II

    Appeals

    [2.01] From the judgement of the Royal Guard or Winter Watch in misdemeanors, any convicted person may appeal to the Royal Justicar for right and justice [2.01A]. From judgements of the Royal Justicar, convicted persons may make appeal to the Lord Chancellor [2.01B]. But if they be of noble blood, they may appeal directly to our Royal Court [2.01Ba].  

    Chapter III

    Title I. High Crimes

    [3.1.01] Treason, Rebellion, Conspiracy, and Espionage

    If any one commit treason* [3.1.01A], rebellion [3.1.01B], conspiracy against the Crown [3.1.01C], or espionage [3.1.01D], let them suffer beheading, drawing, quartering and expulsion.

    * [3.1.01A] Treason is constituted by any deliberate and voluntary act against Her Majesty or Her Majesty's realm, and includes intentionally assisting enemies of the Crown, and betraying the Crown with intent to overthrow existing rule. Acts against the Crown constituting treason must demonstrate some degree of premeditation, be carried out to some effect, and exhibit a goal of harm or injury to Her Majesty or Her Majesty's realm.

    [3.1.02] Murder (Premeditated and Unpremeditated)

    If any one commit murder, which is the unlawful killing of a person with malice aforethought [3.1.02A], let them suffer beheading; but in the case of unpremeditated murder [3.1.02B], with no forethought or planning, let them suffer imprisonment for up to ten years, or beheading if they so request.

    However, the wounding or killing of another person shall be lawful when:

    • 3.1.02a: Committed by Her Majesty's officers and those acting by their command in their aid and assistance, either in obedience to the judgement of the court, or when necessarily committed in the discharge of any legal duty; or when arresting persons suspected of high crimes, and who are fleeing from justice or resisting arrest.
    • 3.1.02b: Committed by any person resisting or preventing murder or other violent high crimes, or necessarily attempting to suppress riot, or to preserve the peace.
    • 3.1.02c: Committed by their opponent in a properly conducted duel.

      [3.1.03] Poisoning

      If any one commit poisoning resulting in death, and the corpse cannot be revived [3.1.03A], let them suffer burning at the stake, and expulsion.  If any one commit poisoning resulting in death or serious maiming, but the corpse can be revived [3.1.03B], let them suffer beheading.  If any one commit poisoning with no result of death or serious maiming [3.1.03C], let them suffer no less than thirty-six lashes at the discretion of the Royal Justicar. If any one attempt poisoning, but is unsuccessful [3.1.03D], let them suffer no more than seven days in the stocks.

      [3.1.04] Cannibalism

      If any one commit cannibalism, let them suffer burning at the stake, and expulsion.

      [3.1.05] Perjury and Subordination of Perjury

      If any one commit perjury [3.1.05A], or the subornation of perjury [3.1.05B], let them suffer beheading. But persons of noble blood shall instead be disgraced, and lose all positions and titles [3.1.05a]. [Subordination of perjury is the inducing of a person to commit perjury, or to procure perjured testimony].

      [3.1.06] Desecration of Shrines or Chapels

      If any one desecrate our shrines or chapels, let them suffer burning at the stake, and expulsion.

      [3.1.07] Arson and Willful Damage

      If any one commit arson [3.1.07A] or willful damage to the castle [3.1.07B], let them suffer burning at the stake, and expulsion.

      [3.1.08] Striking Fools

      If any one shall strike a fool or the feeble-minded, let them suffer 5 lashes and be exposed for a day in the stocks. But persons of noble blood shall instead suffer such lesser punishment as the court may impose [3.1.08a].

      Addendum - see: [3.1.02a/3.1.02b/3.1.02c]

      [3.1.09] Drawing Weapons Against a Knight or Noble

      If any common person shall draw a weapon against a knight, or person of noble blood, let them suffer beheading. But this shall not encompass the use of weapons in properly conducted duels [3.1.09a].

      [3.1.10] Rape and Bestiality

      If any one commit rape [3.1.10A] or bestiality [3.1.10B], let them suffer beheading.

      [3.1.11] Misprision of Treason

      If any one be found guilty of misprision of treason, let them suffer beheading. [Misprision is knowing of, and concealing, treason, without giving consent.]

      [3.1.12] Kidnapping and False Imprisonment

      If any one commit kidnapping [3.1.12A], or falsely imprison our subjects [3.1.12B], let them be subject to beheading. But persons of noble blood shall instead be disgraced, and lose all positions and titles [3.1.12a].

      [3.1.13] Disobeying Orders (Royal Army)

      If any one within the Royal Army shall not duly observe the lawful orders of a superior officer for assailing, joining battle with, or making defense against any enemy [3.1.13A], or shall not obey the lawful orders of a superior officer as aforesaid in the time of action, to the best of their power [3.1.13B], or shall not use all possible endeavors to put the same effectually into execution [3.1.13C], every person so offending shall suffer beheading, or such other punishment, as from the nature and degree of the offense the court shall deem them to deserve.

      [3.1.14] Withdrawal or Refraining from Engagement (Royal Army)

      If any one within the Royal Army shall through cowardice, negligence, or disaffection in time of action withdraw or keep back, or not come into the fight or engagement, or shall not do their utmost to destroy the Queen's enemies which it shall be their duty to engage, they shall suffer beheading.

      [3.1.15] Negligent Duty (Royal Army)

      If any one within the Royal Army shall sleep upon their watch, or negligently perform the duty imposed on them, or forsake their station, they shall suffer beheading, or such other punishment as the court shall think fit to impose, and as the circumstances of the case shall require.

      [3.1.16] Escape, Attempted Escape, and Aiding Escape from Lawful Imprisonment

      If any one escape from lawful imprisonment [3.1.16A], or attempt to escape [3.1.16B], or aid in escapes or escape attempts [3.1.16C], they shall suffer beheading. But persons of noble blood shall suffer such lesser punishment as the court may impose [3.1.16a].

      [3.1.17] Bewitchment

      If any one shall use magic to bewitch* or harm another against their will, let them suffer beheading. But if they be of noble blood, they shall suffer such lesser punishment as the court may impose [3.1.17a].

      * Bewitching is constituted by the direct and intended malicious bending of another's will by magic with a result of a change in their mood, disposition, appearance, or actions.

      [3.1.18] Attempted Murder (with and without maiming)

      If any one shall attempt murder, let them suffer 36 lashes if no blood is shed [3.1.18A]; but if there shall be serious maiming, disfiguring or mayhem, the penalty shall be beheading [3.1.18B].

      Addendum - see: [3.1.02a/3.1.02b/3.1.02c]

      [3.1.19] Bloody Assault

      If any one shall commit assault where there has been serious maiming, disfiguring or wounding (“mayhem”), let them suffer beheading; but if they be of noble blood, they shall suffer such lesser punishment as the court may impose [3.1.19a].

      Addendum - see: [3.1.02a/3.1.02b/3.1.02c]

      [3.1.20] Forgery

      If any one shall commit forgery of official documents, let them suffer beheading.

      [3.1.21] Carnal Knowledge of a Minor

      If any one shall have carnal knowledge with a minor person under the age of eighteen years, let them suffer for the first offense, imprisonment for 15 years [3.1.21A]; and for the second offense, let them suffer 30 years imprisonment [3.1.21B]. But they may request beheading [3.1.21a].

      [3.1.22] Bigamy and Incest

      If any one shall commit bigamy [3.1.22A] or incest [3.1.22B], let them be exposed for no more than 5 days in the stocks, or suffer imprisonment for no more than 30 days. But if they be of noble blood, let them suffer such lesser punishment as the court may decide [3.1.22a]. And furthermore, all such marriages to be annulled.

      [3.1.23] Disobedience of a Superior (Royal Army) 

      If any one shall willfully disobey the commands of a person in a superior position [for example, the Lord Marshal is superior to the Captain of the Royal Guard], then let them suffer imprisonment until disobedience ceases.

      [3.1.24] Tampering with Bones or Corpses

      If any one shall tamper with corpses or bones, then let them suffer living expulsion if the Royal Necromancer is unable to resurrect the tampered corpse [3.1.24A]. But if the corpse may be resurrected, then let them suffer 5 lashes and be exposed a day in the stocks otherwise [3.1.24B].

      [3.1.25] Corruption

      For the crime of corruption [3.1.25A], or for working towards the corruption of Her Majesty’s servants [3.1.25B], the penalty shall be imprisonment for 1 year.

      [3.1.26] Making False Accusations

      If anyone make a knowingly false accusation against another, then let them suffer no more than 30 days imprisonment. But if they be of noble blood, let them suffer such lesser punishment as the court shall decide [3.1.26a].

      [3.1.27] Impersonation

      If any one shall impersonate Her Majesty’s servants [3.1.27A], or falsely claim authority from Her Majesty [3.1.27B], let them suffer no more than 12 lashes and be exposed for no more than 5 days in the stocks. But if they be of noble blood, let them suffer such lesser punishment as the court shall decide [3.1.27a].

      [3.1.28] Failure to Appear, Failure to Respond to Summons and Contempt of Court

      If any one fail to appear before the Royal Justicar [3.1.28A], or fail to respond to summons [3.1.28B], or commit contempt of court [3.1.28C], let them suffer imprisonment at the pleasure of the Royal Justicar; but not beyond the end of the case.

       

      Title II. Misdemeanors

      [3.2.01] Assault and Attempted Rape

      If any one shall commit assault [3.2.01A], or attempt the rape of another [3.2.01B], let them suffer 12 lashes if no blood is shed. However, should blood be shed, they shall be charged with Bloody Assault (3.1.19) [3.2.01Aa/3.2.01Ba]. But if they be of noble blood, they shall suffer such lesser punishment as the court may impose [3.2.01Ab/3.2.01Bb].

      Addendum - see: [3.1.02a/3.1.02b/3.1.02c]

      [3.2.02] Interference

      If any one shall interfere* with Her Majesty’s servants, let them be exposed for no more than 5 days in the stocks, or suffer no more than 5 days imprisonment.

      *Interference is the hindrance, obstruction, or disturbance of a servant of Her Majesty, resulting in the inability of the servant to complete or perform their duty.

      [3.2.03] Public Nuisance

      If any one shall create a public nuisance, let them be exposed for no more than 5 days in the stocks. [public nuisances include blocking doors, letting wild animals loose, etc.]

      [3.2.04] Disorderly Conduct

      If any person shall commit disorderly conduct, let them be exposed for no more than 5 days in the stocks, or suffer no more than 7 days imprisonment.

      [3.2.05] Malicious Mischief

      If any one shall commit malicious mischief, let them be exposed for no more than 5 days in the stocks, or suffer no more than 7 days imprisonment. [graffiti, window breaking, throwing useful items off the wall, and other minor damage]

      [3.2.06] Inflammatory Statements

      If any one shall utter inflammatory statements, or statements derogatory of our Royal Majesty the Queen, let them be exposed for no more than 2 days in the stocks, or suffer no more than 3 days imprisonment.

      [3.2.07] Bawdy Acts

      If any one shall commit obscene or bawdy public acts, let them suffer no more than 10 days imprisonment.

      [3.2.08] Illegal wearing of a uniform

      If any persons shall wear a uniform or badge to which they are not entitled, let them be exposed for no more than 2 days in the stocks, or suffer no more than 4 days imprisonment.

      [3.2.09] Unauthorized Bearing of Arms

      If any person, not yet an Honored Guest, or not serving in Her Majesty's Royal Army, shall possess an unrebated weapon*  anywhere on their person about in public, let the weapon be confiscated, and let them be exposed for no more than 2 days in the stocks, or suffer no more than 3 days imprisonment. But common subjects who have been given swords by courtiers may wear them in public; however, the courtier who provided the sword may be held responsible for the behaviour of the common citizen [3.2.09a]. Also, members of any society with a charter so permitting may also wear weapons [3.2.09b]. Common subjects using swords in areas customary or appropriate for fencing practice shall not be condemned under this law [3.2.09c].

      *Unrebated Weapon: any weapon intended for use in battle or duel, and excluding tools commonly used by crafters and artisans, and also excluding those weapons which have had their blades/edges rebated for use in practice.

       

      Title III. Property Crimes

      [3.3.01] Piracy

      If any person commit piracy, let them suffer death by hanging, their body to be tarred and exposed in a cage on the outer walls afterwards.

      [3.3.02] Poaching

      If any person shall poach or slay the Queen’s beasts, let them suffer the loss of a hand [3.3.02A]; but if they have lost two hands, then let them suffer death by beheading [3.3.02B]. It shall not be called a crime however, if committed in the attempt to prevent or halt attacks on Her Majesty or the general populace, prevent or halt destruction or damage to Her Majesty's Castle, or otherwise protect Her Majesty, and her realm [3.3.02a].

      [3.3.03] Mugging, Plundering, and Theft by Threat of Violence

      If any person shall commit mugging [3.3.03A], plundering [3.3.03B] or theft by threats of violence [3.3.03C], let them suffer 24 lashes [3.3.03Aa/3.3.03Ba/3.3.03Ca]; and if they shall commit a second similar offense, let them suffer the loss of hand and branding [3.3.03Ab/3.3.03Bb/3.3.03Cb]. But upon the third offense, they shall suffer death by hanging [3.3.03Ac/3.3.03Bc/3.3.03Cc]. If any violence should actually have occurred, then they should be charged with assault or attempted murder [3.3.03Ad/3.3.03Bd/3.3.03Cd].

      [3.3.04] Burglary, Room Breaking, Unlawful Entry and Stealthy Theft

      If any person shall commit burglary [3.3.04A], room-breaking [3.3.04B], unlawful entry [3.3.04C] or other stealthy theft [3.3.04D], they shall suffer 36 lashes [3.3.04Aa/3.3.04Ba/3.3.04Ca/3.3.04Da]; and for a second offense, they shall suffer the loss of hand and branding [3.3.04Ab/3.3.04Bb/3.3.04Cb/3.3.04Db]. But upon their third offense, they shall suffer death by hanging [3.3.04Ac/3.3.04Bc/3.3.04Cc/3.3.04Dc].

      [3.3.05] Stealing and Petty Theft

      If any person shall steal or commit petty theft, let them suffer 12 lashes, or be exposed for a day in the stocks. [This includes petty deliberate theft of items in public areas.]

      [3.3.06] Receiving Stolen Property

      If any person shall knowingly receive stolen property, let them suffer 12 lashes or be exposed for a day in the stocks.

       

      Title IV: Sumptuary Laws

      [3.4.01] Sumptuary Violation I (silk)

      If any person, not yet a courtier, shall wear cloth of silk, let them be exposed for no more than 1 day in the stocks, or suffer no more than 5 days imprisonment; but such shall not be called a crime if the item in question was a gift from a courtier or person of higher rank [3.4.01a].

      [3.4.02] Sumptuary Violation II (fine fabric)

      If any person, not of noble blood, shall wear fine fur, cloth of silver, cloth of gold, cloth of glass, iridescent, diaphanous, or velvet, let them be exposed for no more than 3 days in the stocks, or suffer no more than 10 days imprisonment; but such shall not be called a crime if the item in question was a gift from a noble or person of higher rank [3.4.02a].

      [3.4.03] Sumptuary Violation III (cerulean)

      If any person excepting the monarch shall wear fabric in the color ‘cerulean’, then let them suffer no more than 6 lashes and be exposed for no more than 5 days in the stocks, or suffer no more than 14 days imprisonment; but such shall not be a crime if the item in question was a gift from the monarch [3.4.03a].

      [3.4.04] Sumptuary Violation IV (regalia)

      If any person shall improperly wear crowns, coronets, belts or regalia to which they are not entitled, they shall suffer no more than 12 lashes and be exposed for no more than 7 days in the stocks, or suffer no more than 30 days imprisonment.

      Title V: Taxes

      [A complicated, pointless, and obsolete set of rules.]

      Chapter IV

      Title I. Tort Law

      [4.1.01] Persons may bring suits of replevin to recover property in the possession of another person of equal or lower rank.

      [4.1.02] Persons of noble or knightly rank may bring persons of courtier or common rank to court for insult. If convicted, the penalty is no more than 12 lashes, or no more than 14 days imprisonment.

      [4.1.03] Persons of noble or knightly rank may bring persons of courtier or common rank to court for impersonation – personally or in writing. If convicted, the penalty is no more than 12 lashes, or no more than 14 days imprisonment.

       

      Title II. Business Law

      [While a vast body of business law exists and can be referred to in the castle’s code, it is all essentially pointless and obsolete.]

       

      Title III. More Tax Law

      [While a vast body of tax law exists and can be referred to in the castle’s code, it is all essentially pointless and obsolete.]

       

      Title IV. Admiralty Law

      [While a vast body of admiralty (maritime) law exists and can be referred to in the castle’s code, it is all essentially pointless and obsolete.]

       

      Title V. Probate Law

      [4.5.01] Wills and testaments, if contested, are judged by the Royal Justicar; but in the case of wills by persons of noble blood, they are judged by the Lord Chancellor. In all cases, more recent wills are given priority over older wills; written wills have priority over spoken wills; recorded wills have priority over other written instruments; and wills given freely have priority over wills made under duress.

      [4.5.02] But if any person die and leave no will, then their spouse shall inherit. If there be no spouse, then their children shall inherit. If there be no children, then the parents shall inherit; if there be no parents, then the siblings shall inherit; if there be no siblings, then the uncles and aunts shall inherit; and if there be no uncles, aunts, siblings, parents, children, or spouse, then the estate shall revert to the Queen’s Treasury.

      [4.5.03] Adopted children maintain a claim on the estate of their deceased birth parents; they also have equal claim with the siblings of their adoptive parents on the estate of those parents. In regards to the inheritance of indivisible property, titles, and rights, natural children have prior claim over adoptive children.

      [4.5.04] Unless specifically disinherited by their titled parents, the natural children of royalty shall bear the title of Prince or Princess; the natural children of a Prince or Princess shall bear the title of Lord; the natural children of aristocrats shall bear the title of Knight or Dame upon reaching adulthood; and similarly the natural children of Knights and Dames shall be courtiers.

       

      Title VI. Marriage Law

      [4.6.01] Civil marriage is a contract freely entered into between two persons, blessed by Her Majesty, solemnized before witnesses, and recorded by the Chancery. Those who would be wed must seek permission of Her Majesty's Lord Chancellor on behalf of Her Majesty; or such other persons as he might appoint.

      [4.6.02] Faith marriage is an inviolable oath, made in accordance with the tenets set forth by the Royal Priestess. Her Majesty's permission is not required for Faith marriages.

      [4.6.03] Persons may not marry, either civilly or in the eyes of the Faith, their natural or adoptive ancestors, descendants, parents, children, siblings, uncles, aunts, nieces, or nephews, for this is the crime of incest. Persons may not marry, either civilly or in the eyes of the Faith, who are currently still married, for this is the crime of bigamy.

      [4.6.04] The Chancery will keep a record of all civil and Faith marriages, and all divorces or annulments which might be granted for civil marriages, or reported by the Royal Priestess in the case of Faith marriages.

      [4.6.05] A marriage between persons of different social station does not cause any change in the station of either person, unless Her Majesty consents to raise the spouse of lower station. But such a change of station shall be valid even after the dissolution of the marriage.

      [4.6.06] Civil marriages may only be dissolved for the following reasons: annulment, divorce, or utter death.

      [4.6.07] Annulment may be granted by the Royal Justicar in cases of insanity, incest, bigamy, or consent obtained by force, fear or fraud. Annulment may be granted after petition by either husband or wife, or upon petition from the Crown Prosecutor, or upon petition from the Lord Chancellor. The decision of the Royal Justicar may appealed by courtiers to the Lord Chancellor; persons of noble blood may further appeal to Her Majesty, if unsatisfied by the Lord Chancellor. An annulled marriage may not be remade.

      [4.6.08] Divorce may be granted by the Royal Justicar after petition by either husband or wife. The grounds for granting a divorce may be any substantial, reasonable, and valid reasons for dissolving the marriage. Abandonment, infidelity, immoral conduct, and assault upon a spouse are acceptable reasons, if proven. The decision of the Royal Justicar may be appealed by courtiers to the Lord Chancellor; persons of noble blood may further appeal to Her Majesty, if unsatisfied by the Lord Chancellor.

      [4.6.09] Upon the dissolution of any marriage, the Royal Justicar will decide upon a fair and equitable division of any property held by the formerly married couple, and will also decide the custody of any minor children. A minor child is any person who has not yet reached eighteen years of age. This decision may be appealed by courtiers to the Lord Chancellor; those of noble blood may further appeal to Her Majesty, if unsatisfied by the Lord Chancellor.

      [4.6.10] An unmarried minor child may be adopted by an unmarried adult, or by a married couple, with the permission of the Lord Chancellor. No child may be adopted without the permission of the child's parents, if living; unless the parents have deserted the child. The Chancery will keep a record of all adoptions, giving the names in full of the children, the natural and the adoptive parents.

      [4.6.11] Minor children may reside at court [within the Inner Bailey] if either of their parents have that right.

      Appendix I

      Quick Reference -- Alphabetical Reference by Crime

      Crime

      Ref. #

      Title

      Punishment

             
      Aiding in Escape from Lawful Imprisonment 3.1.16C High Crime   Beheading.
      Nobles: lesser punishment as the court may impose
      Arms (Unauthorized Bearing of) 3.2.09 Misdemeanor Up to 2 days in the stocks or up to 3 days imprisonment.
      Arson 3.1.07A High Crime Burning at the stake & expulsion.
      Assault 3.2.01A Misdemeanor 12 lashes.
      Assault (Bloody) 3.1.19 High Crime Beheading.
      Nobles: lesser punishment as the court may impose
      Attempted Escape from Lawful Imprisonment 3.1.16B High Crime Beheading.
      Nobles: lesser punishment as the court may impose
      Attempted Murder (with maiming) 3.1.18B High Crime Beheading.
      Attempted Murder (without maiming) 3.1.18A High Crime 36 lashes.
      Attempted Rape (with maiming)

      3.2.01Ba
      / 3.1.19

      High Crime Charged as Bloody Assault; Beheading.
      Nobles: lesser punishment as the court may impose 
      Attempted Rape (without maiming) 3.2.01B Misdemeanor 12 lashes.
      Bawdy Acts 3.2.07 Misdemeanor Up to 10 days imprisonment.
      Bestiality 3.1.10B High Crime Beheading.
      Bewitchment 3.1.17 High Crime Beheading.
      Nobles: lesser punishment as the court may impose
      Bigamy 3.1.22A High Crime 5 days in the stocks or up to 30 days imprisonment
      Nobles: lesser punishment as the court may impose
      Also: all marriages to be annulled.
      Bloody Assault 3.1.19 High Crime Beheading.
      Nobles: lesser punishment as the court may impose
      Burglary 3.3.04A Property Crime 1st offense: 36 lashes
      2nd offense: Loss of a hand and branding
      3rd offense: Hanging.
      Cannibalism 3.1.04 High Crime Burning at the stake and expulsion.
      Carnal Knowledge of a Minor 3.1.21 High Crime 1st offense: 15 years imprisonment
      2nd offense: 30 years imprisonment
      (may request beheading)
      Cerulean (Sumptuary Violation III) 3.4.03 Sumptuary law Up to 6 lashes & up to 5 days in stocks,
      or 14 days imprisonment
      Conspiracy 3.1.01C High Crime Beheading, drawing, quartering & expulsion.
      Contempt of Court 3.1.28C High Crime Imprisonment at the pleasure of the Royal Justicar;
      but not beyond the end of the case.
      Corruption 3.1.25 High Crime Imprisonment of 1 year.
      Desecration of Shrines or Chapels 3.1.06 High Crime Burning at the stake & expulsion.
      Disobeying Orders (Royal Army) 3.1.13 High Crime Beheading, or punishment the court deems them to deserve.
      Disobedience of a Superior (Royal Army) 3.1.23 High Crime Imprisonment until disobedience ceases.
      Disorderly Conduct 3.2.04 Misdemeanor Up to 5 days in the stocks, or up to 7 days imprisonment.
      Drawing Weapons Against a Knight or Noble 3.1.09 High Crime Beheading.
      Escape from Lawful Imprisonment 3.1.16A High Crime Beheading.
      Nobles: lesser punishment as the court may impose
      Escape from Lawful Imprisonment (attempted) 3.1.16B High Crime Beheading.
      Nobles: lesser punishment as the court may impose
      Escape from Lawful Imprisonment (aiding in) 3.1.16C High Crime Beheading.
      Nobles: lesser punishment as the court may impose
      Espionage 3.1.01D High Crime Beheading, drawing, quartering & expulsion.
      False Accusations (making) 3.1.26 High Crime Up to 30 days imprisonment:
      Nobles: lesser punishment as the court may impose
      False Imprisonment 3.1.12B High Crime Beheading.
      Nobles: disgraced & lose all positions and titles
      Failure to Appear 3.1.28A High Crime Imprisonment at the pleasure of the Royal Justicar;
      but not beyond the end of the case.
      Failure to Respond to Summons 3.1.28B High Crime Imprisonment at the pleasure of the Royal Justicar;
      but not beyond the end of the case.
      Fine Fabric (Sumptuary Violation II) 3.4.02 Sumptuary law 3 day in the stocks or up to 10 days imprisonment
      Forgery 3.1.20 High Crime Beheading.
      Illegal Wearing of a Uniform 3.2.08 Misdemeanor Up to 2 days in the stocks or up to 4 days imprisonment
      Impersonation 3.1.27 High Crime Up to 12 lashes and 5 days in the stocks.
      Nobles: lesser punishment as the court may impose
      Incest 3.1.22B High Crime 5 days in the stocks or up to 30 days imprisonment
      Nobles: lesser punishment as the court may impose
      Also: all marriages to be annulled
      Inflammatory Statements 3.2.06 Misdemeanor Up to 2 days in the stocks, or up to 3 days imprisonment.
      Interference 3.2.02 Misdemeanor Up to 5 days in the stocks, or up to 5 days imprisonment.
      Kidnapping 3.1.12A High Crime Beheading.
      Nobles: disgraced & lose all positions and titles.
      Malicious Mischief 3.2.05 Misdemeanor Up to 5 days in the stocks, or up to 7 days imprisonment.
      Misprision of Treason 3.1.11 High Crime Beheading.
      Mugging 3.3.03A Property Crime 1st offense: 24 lashes
      2nd offense: Loss of a hand and branding
      3rd offense: Hanging.
      If any violence occurred, charge as assault or bloody assault.
      Murder (attempted, w/ maiming) 3.1.18B High Crime Beheading.
      Murder (attempted, w/o maiming) 3.1.18A High Crime 36 lashes.
      Murder (premeditated) 3.1.02A High Crime Beheading.
      Murder (unpremeditated) 3.1.02B High Crime Imprisonment up to 10 years, or beheading.
      Negligent Duty (Royal Army) 3.1.15 High Crime Beheading, or punishment as the court sees fit to
      impose & as circumstances require.
      Perjury 3.1.05A High Crime Beheading. Nobles lose all positions & titles.
      Perjury (subordination of) 3.1.05B High Crime Beheading. Nobles lose all positions & titles.
      Petty Theft 3.3.05 Property Crime 12 lashes or 1 day in stocks
      Piracy 3.3.01 Property Crime Hanging & body tarred and exposed in a cage on
      the outer walls afterwards.
      Plundering 3.3.03B Property Crime 1st offense: 24 lashes
      2nd offense: Loss of a hand and branding
      3rd offense: Hanging.
      If any violence occurred, charge as assault or bloody assault.
      Poaching 3.3.02 Property Crime Loss of a hand.  If have lost 2 hands, beheading.
      Poisoning (death, no resurrection possible) 3.1.03A High Crime Burning at the stake & expulsion.
      Poisoning (death/maiming, resurrection possible) 3.1.03B High Crime Beheading.
      Poisoning (no death/maiming) 3.1.03C High Crime No less than 36 lashes.
      Poisoning (attempted, w/o success) 3.1.03D High Crime No more than 7 days in the stocks.
      Public Nuisance 3.2.03 Misdemeanor Up to 5 days in the stocks.
      Rape 3.1.10A High Crime Beheading.
      Rape (attempted, w/ maiming)

      3.2.01Ba
      / 3.1.19

      High Crime Charged as Bloody Assault; Beheading.
      Nobles: lesser punishment as the court may impose
      Rape (attempted w/o maiming) 3.2.01B Misdemeanor 12 lashes.
      Rebellion 3.1.01B High Crime Beheading, drawing, quartering & expulsion
      Recieving Stolen Property 3.3.06 Property Crime 12 lashes or 1 day in stocks
      Regalia (Sumptuary Violation IV) 3.4.04 Sumptuary law Up to 12 lashes & up to 7 days in stocks,
      or 30 days imprisonment
      Room-Breaking 3.3.04B Property Crime 1st offense: 36 lashes
      2nd offense: Loss of a hand and branding
      3rd offense: Hanging.
      Silks (Sumptuary Violation I) 3.4.01 Sumptuary law 1 day in the stocks or up to 5 days imprisonment
      Stealing 3.3.05 Property Crime 12 lashes or 1 day in stocks
      Stealthy Theft 3.3.04C Property Crime 1st offense: 36 lashes
      2nd offense: Loss of a hand and branding
      3rd offense: Hanging.
      Striking Fools 3.1.08 High Crime 5 lashes & 1 day in the stocks.
      Nobles: lesser punishment as the court may impose
      Subordination of Perjury 3.1.05B High Crime Beheading. Nobles lose all positions & titles
      Sumptuary Violation I (silk) 3.4.01 Sumptuary law 1 day in the stocks or up to 5 days imprisonment
      Sumptuary Violation II (fine fabric) 3.4.02 Sumptuary law 3 day in the stocks or up to 10 days imprisonment
      Sumptuary Violation III (cerulean) 3.4.03 Sumptuary law Up to 6 lashes & up to 5 days in stocks,
      or 14 days imprisonment
      Sumptuary Violation IV (regalia) 3.4.04 Sumptuary law Up to 12 lashes & up to 7 days in stocks,
      or 30 days imprisonment
      Tampering with Corpses 3.1.24 High Crime If corpse cannot be resurrected: living expulsion
      If corpse can be resurrected: 5 lashes & 1 day in the stocks.
      Theft By Threat of Violence 3.3.03C Property Crime 1st offense: 24 lashes
      2nd offense: Loss of a hand and branding
      3rd offense: Hanging.
      If any violence occurred, charge as assault or bloody assault.
      Theft (petty) 3.3.05 Property Crime 12 lashes or 1 day in the stocks
      Theft (stealthy) 3.3.04C Property Crime 1st offense: 36 lashes
      2nd offense: Loss of a hand and branding
      3rd offense: Hanging.
      Treason 3.1.01A High Crime Beheading, drawing, quartering & expulsion
      Treason (misprision of) 3.1.11 High Crime Beheading.
      Unauthorized Bearing of Arms 3.2.09 Misdemeanor Up to 2 days in the stocks or up to 3 days imprisonment.
      Uniform (illegal wearing of) 3.2.08 Misdemeanor Up to 2 days in the stocks or up to 4 days imprisonment
      Unlawful Entry 3.3.04C Property Crime 1st offense: 36 lashes
      2nd offense: Loss of a hand and branding
      3rd offense: Hanging.
      Willful Damage 3.1.07B High Crime Burning at the stake & expulsion
      Withdrawal or Refraining from Engagement (Royal Army) 3.1.14 High Crime Beheading.

       

      Appendix II

      Outline of the Numerical Reference System 

      The numerical reference system provides a set number for each law and amendment, allowing quick reference (i.e.: 3.1.02a).

      For purposes of explanation, we shall use Murder (Premeditated and Unpremeditated), as an example:


      Chapter III, Title I. High Crimes

      [3.1.02] Murder (Premeditated and Unpremeditated)

      If any one commit murder, which is the unlawful killing of a person with malice aforethought [3.1.02A], let them suffer beheading; but in the case of unpremeditated murder [3.1.02B], with no forethought or planning, let them suffer imprisonment for up to ten years, or beheading if they so request.

      However, the wounding or killing of another person shall be lawful when:

      • 3.1.02a: Committed by Her Majesty's officers and those acting by their command in their aid and assistance, either in obedience to the judgement of the court, or when necessarily committed in the discharge of any legal duty; or when arresting persons suspected of high crimes, and who are fleeing from justice or resisting arrest.
      • 3.1.02b: Committed by any person resisting or preventing murder or other violent high crimes, or necessarily attempting to suppress riot, or to preserve the peace.
      • 3.1.02c: Committed by their opponent in a properly conducted duel.

        Using this system, to reference the legality of killing a denizen in a properly conducted duel, 3.1.02c is used. If it were wished to reference the illegality of premeditated murder, it can be referenced as 3.1.02A.

        The technical details of the Numerical Reference System is as follows:


        3.1.02Ac

        • 3: The chapter the law is located in. In this example, Chapter III.
        • 1: The title the law is located under. In this example, Title I.
        • 02: The sequential number a law is given, referencing it's place within the above title. In this example, murder is the 2nd law referenced, after treason, or 02. This number is always given as two digits (ie: 01, 02, 03.... 09, 10, 11, 12 etc)
        • A: A CAPITAL letter referencing any sub-laws within a law. In this example, under the law against murder, there is premeditated murder (A), and unpremeditated murder (B). This letter is always given in UPPERCASE.  Also used for distinguishing multiple portions of procedure in Chapter I, as a hierarchical format. 
        • c: This lowercase letter references the amendments or exclusions to a particular law. In this example, c references "the killing of another person shall be lawful when committed by their opponent in a properly conducted duel". This letter is always given in lowercase. Also used for distinguishing multiple portions of procedure in Chapter I, as a hierarchical format.
        • -a: (not in example) Only used in Chapter I  for distinguishing details in a hierarchical format.

        This reference system is designed specifically for Chapter III, titles I to III (High Crimes, Misdemeanors, Property Crimes, and Sumptuary Laws). However, it is also used for Chapters I, II, and IV.  These laws (within Chapters I, II, and IV) should be referenced by their appropriate section title, and their numerical reference (ie: Tort Law, 4.1.02, or Court Procedure, 1.01Aa-d).