"My superiors won't be pleased to hear that, but the decision wasn't unexpected for my part. They should know that by now word of their business practices is getting out."
"As for your offer, that is an interesting proposal. I could see to building a life here in such a capacity. I'd have to resign my position with Jovvox of course, and you understand that I would need to know more before making a decision, both about this community you plan to build, and of what you would expect of me. I can't claim to be expecting any unpleasant surprises in that regard, but I'd rather know now if there are any issues that would see us parting ways."
"In regards to the Lyre of Building, I have heard of such artifacts. I have yet to attempt such a project, and will need to check my references, but I believe I am up to the task. Bear in mind the material cost will not be insignificant, and I would welcome your assistance to reduce the chance of mishap."
Nodding, I reply, "I hope your superiors understand that we do still hope to have peace and trade with them. As to what your duties would entail as a Magister, you bring up a fine point. Let us gather all of the various individuals that will be taking leadership roles and I will go over what each position entails."
"Someone please send for Maerrun of House Liostruth and Amani of House Numesti. Let each of their houses know that we require 1 BP of support and 4,000 gold from each of them. This will allow us to cover the costs for the Lyre of Building and also have a bit of gold in the Treasury should the need arise. Also, how much longer until we have Akiros released to our custody? We will convene another meeting upon their arrival."
Theaton agrees with your assessment and adds, "One other law that we may need to think about. While I like the life liberty and happiness law we need to have a law that will subject our citizens to body rights. Such as no one can force themselves upon or force another to preform a service under duress. I want all of our citizens to understand they will be treated equally and with respect. Violent crimes of rape, Assault or attempted murder should have the same punishment as murder and banishment to the world wound. I do not want our citizens attacking each other. I know this can be covered under the life, liberty and property but I feel that this should be spelled out as separate so it is clearly seen and understood by everyone."
Jesla bows to the Barons. " My lords, it is a pleasure to serve you as Royal Enforcer. These laws sound fair and I will be honored to enforce them. I will give my all to keep the populace safe and happy. " She looks over at Theaton. " My lord, I like your idea of going into more detail covering rape, assault or attempted murder and holding them the same as murder. I rescued a woman the other night from a man forcing himself on her. I politely asked him to leave and never return here again. He left . " A hint of a smile crosses her face. " I have a question about assault though. Are you including fistfights and drunken brawls with this? "
After Theaton's answer she looks at all of the Barons again. " My lords, I am a devoted follower of Gorum, our Lord in iron. May I live my life to be worthy of him. Maybe this will help with the offers made by the church of Gorum. "
"A simple assault such as a fistfight or a drunken brawl can be just that. I am talking of more serious assaults that may or may not involve a weapon. IF two people get in a fist fight that can be a simple assault but jumping a person and beating close to death is another matter. Either way the fights should be broken up and combatants sent their way."
Kresnik ponders for a moment before speaking, "This offer from House Drelev. Do we have any knowledge of their reasons for making this request? There must be one. Perhaps they know something of those lands we do not. Might I suggest that we spend some additional effort scouting the area they are attempting to block off before making a decision there? Even with the possibility of renegotiation, I would be hesitant to establish a firm limit to expansion so close to the heart of these lands."
"Also, in regards to the Magister's role in education, are there any subjects that we would prefer, perhaps not to suppress, but to avoid spreading? I am inclined to think that no knowledge is inherently evil, but some is definitely dangerous. Certain aspects of necromancy and daemonology in particular can cause chaos and instability if it finds its way into malevolent or inexperienced hands."
"In addition, I would suggest an alteration regarding your statement regarding laws. There are many ways to egregiously harm a person that have neither physical nor fiscal impact. I should know, I've used some such methods before, in defense of course. Emotional and mental harm can in many cases be considerably worse than anything that can be done to the body. Just don't make the mistake of defining emotional harm loosely enough to allow subjective insults to become legal offenses."
Edited: daishain on 4th Dec, 2016 - 5:07am
Mykael presents his plan for implementing a legal code with the idea that it would be too unruly to attempt to make a large list of offenses along with recommended sentences or punishments, especially in a frontier region. Rather, Mykael suggests that local magistrates and lords should be responsible for taking each incident that takes place in their jurisdiction into consideration under a general guideline set by the barony. Crimes could be generally divided up under different sections: i.e. Crimes against persons, crimes against property, trade/economic crimes, and crimes against peace and public order.
Mykael offers an example of various types of crimes:
Crimes Against Persons: Murder, rape, assault/battery, harassment, menacing, stalking
Crimes Against Property: Theft, criminal mischief/destruction of property, vandalism,
Economic/Trade Crimes: Fraud, using false weights, use of magic to affect trade deals or financial interactions (I.e. Using a charm spell to get a good deal)
Crimes Against Peace/Order: Disorderly conduct, engaging in a riot, inciting a riot/attempting to incite a riot
Crimes Against the State/Barony: Treason, sedition, attempts to overthrow the government, etc.
Within each type of crime the severity varies from minor to an egregious infringement onto the rights of another. Murder, as an example is an egregious crime and should carry significant consequences such as death or exile; Mykael does not recommend punishments such as life imprisonment as it imposes a significant drain on the society that attempts to maintain a prisoner for such an extended period of time.
Many crimes are minor and may be dealt with by a simple fine or restitution, while other crimes are more major and may require some degree of imprisonment but local magistrates should be given a certain degree of discretion when handing out punishments, for they will know the circumstances surrounding the crimes and those involved better than a codex of laws handed down from the top; and it is preferable that the focus be on rehabilitation rather than pure punishment but resources may not always allow this.
Mykael suggests four severity levels when dealing with crimes (From greatest severity to least severe):
Egregious: Generally only crimes against persons would fall into egregious; things like murder or forcible rape/sexual assault although the council may want to consider the the crime of treason to be listed as egregious. Sentencing for egregious crimes may include exile or even the death penalty
Major: Assault with a deadly weapon (Including magic), burglary, forgery/fraud, unlawful trespass into the dwelling of another, Menacing with a deadly weapon (Real or simulated), sedition, stalking and banditry to name a few could be seen as major crimes and should come with substantial fines, imprisonment, community service or a combination of these.
Minor: These would be crimes that do infringe on the rights of others, but generally to a minor degree; things like minor theft (Depending on the amount), disorderly conduct (Engaging in a bar fight, public disturbance, etc), harassment, simple menacing. Minor crimes could be handled with smaller fines, community service, or short term imprisonment.
While local lords and magistrates should have a good deal of discretion when enforcing the laws and handing out punishments, they should be restricted from punishments that do not fit the severity level of the crime. For example they should be restricted from sentencing someone charged with disorderly conduct to death or severe fines.
Mykael also would like to know how the others feel about things like burden of proof. Are people accused considered innocent until proven guilty (And by what level of proof? Beyond a reasonable doubt, preponderance of the evidence?) or are they generally presumed to be guilty until they can prove their innocence. If they are considered innocent until proven guilty then they should be afforded the ability to post bail based on their income/ability to pay.
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"We need to be cautious about who we accept aid from and who we recognize as legitimate" Mykael says "Recognizing a city state like Pitax and accepting aid from them may seem innocent enough, but it legitimizes them and emboldens them in their evil. Their aid is tainted, and we ought not accept it. The same applies with these churches that encourage or support evil. I'm not suggesting we ban any religion from our borders, but I do not think it wise to accept any aid from them."
When the discussion comes to exile of law breakers to the World Wound Mykael thinks hard about this before he speaks "I have a concern about sending criminals to fight the forces of evil. Such a thing could do more harm than good. Evil will not be turned away by men with darkened hearts, only by goodness and light. Only light can overcome darkness. Sending them to the World Wound is essentially a death sentence, and large numbers of criminals on the front lines could actually complicate matters for the Crusaders who are then tasked with keeping them in line long enough for them to be slaughtered by the demonic. I do not reject this concept outright, but I caution everyone about sending anyone other than volunteers or seasoned soldiers to fight this evil."
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In response to Mykael's query on the legal burden of proof, "I would say that the state should be responsible for proving the suspected criminal guilty. But I am less certain that bail should always be available. Many individuals care much less about the bail money than an opportunity for revenge or to destroy evidence."
"Perhaps a scaling factor is in order in regards to the issue of bail. What do you think of this? Minor offenses that would result in simple fines and the like do not result in imprisonment at all. More egregious nonviolent offenses can post bail after local constables have searched appropriate locations relevant to the alleged crime for evidence, are satisfied that a search is not necessary at this time, or after 12 hours, whichever time period is shortest. For violent crimes however, bail is not available if a judge can be convinced that the evidence presented thus far is particularly damning. This would not be a final judgement, just a quick assessment of the strength of the case against the accused. This review would come shortly after the arrest, and repeated perhaps every few weeks until the case is taken to court."
When he comments on penal service at the world wound, "I don't quite agree. Force of arms, regardless of the heart of the wielder, can be made to serve the cause of good. Just as evil can often be committed by good people. I doubt as well that such men will act as a true foil to this enemy, but they may very well clear the way for others. Perhaps they might even surprise both of us, and find redemption on that path."
"This would indeed be a death sentence, but presumably, the only individuals we would send are those who choose that fate over the alternative. Not much of a choice in regards to those we would otherwise execute, but at least their death might serve a purpose."
Edited: daishain on 4th Dec, 2016 - 5:55am