[Mkguild] A Proposal Regarding the Legal systems of Metamor

[JL Badgley]

I've been doing some research for a story, and have been wondering
what the legal systems of Metamor Valley would be.  I'm basing most of
this off of England and Wales and what seems to make sense to me, but
I want to put it forward as a general proposal.  This has been drawn
from the Internet, but I don't figure we're looking for an in-depth
historical equivalent.  Thus my goals are as follows:

1)  Keep as close as possible to currently written canon: I don't want
to contradict what has been written (or what people are writing, so if
you have something you are writing, and this would interfere, please
let me know)
2)  Allow for literary diversity:  I want this to open up avenues for
stories, not close them off.  Thus, I want a more open legal system--I
figure most of the law is Common Law.
3)  Keep to the flavor of Metamor:  We are dealing with a fantasy
setting loosely based on medieval fantasy, and I want to keep that in
mind.

I propose that Metamor is governed, at a high level, by a series of
legal codes passed down from the Suleiman Empire, but mostly is
governed by Common Law.  I imagine that there is also Ecclesiastical
Law, and that is left in the hands of the appropriate religious
institutions and their believers.

I'm going to describe the system from the lowest levels up to the top,
as I see it, in broad terms:

Village:  The village is the smallest organizational unit.  They can
vary greatly in size and jurisdiction, but generally come under the
sway of some headman--the title may differ from one settlement to
another, based on local tradition.  Local disputes between commoners
are settled by traditional means--usually a village council or
something similar.  It is assumed that in any village everybody knows
almost everybody else.

Parish:  A parish is the smallest official unit of civil
administration.  It can be a single town, or a collection of villages.

   Constable:  A volunteer official for keeping the peace in a parish.
 It is usually held for a term of only 1 year, though it may be
renewed with no term limit.

   Coroner:  "The Crown's Representative".  It is not a full-time
position, but a coroner is responsible for determining if a death is
natural, accidental, or otherwise.  They are called upon when there is
reason to suspect a death is anything other than natural, and may call
up a jury of 12 or more persons to conduct an inquest or post-mortem
if necessary.  They may accuse a suspect (but need not do so), who is
then brought to trial.  They are not medical examiners, though may
call on the assistance of medical or magical experts as required.

   Magistrate:  Most magistrates, sometimes called justices of the
peace, are volunteers.  It may be a local nobleman, or simply landed
gentry, though probably not a yeoman or husbandman as they are
required to be landowners with enough land-holdings to be able to
maintain their houses separately, as the position itself is unpaid.
They are not required to hold degrees in law, and their courts are
typically for 'petty' crimes.

Towns, Cities, etc:  Any town or city would have its own charter.
Justice in the town would be based on that charter.  For example, look
at the Wiki article on the Watch and they systems of Justice within
Euper, itself.

Counties:  In a given county, there would be judges at courts at the
county seat.  These would actually be trained in law, and would serve
at the county courts.  Since Metamor Valley is pretty much one
'county', this county seat would likely be in Euper or the Keep (I'd
vote for Euper as the Keep should be for admin features of the Duchy
of the North Midlands)

Courts of Assize:  There is an ancient tradition of Courts of Assize.
These are actually wandering courts, set up in 'Assize Towns'.  They
are not constant, but were to meet every so many years (depending on
the town, the population, the need, etc.) and were the highest court
in the land, under the Duke's Court.  They are overseen by 3 or 4
chief justices, all judges of the highest order.  However, no such
court has been held outside of Metamor Valley for many years.

Duke's Court:  Actually an extrajudicial court set up at the Duke's
pleasure, as he does have the power to overturn any verdict in his
demesnes.  The court is presided over in the presence of the Duke by
the Duke or his representative--often the Prime Minister.  One such
trial was that of Charles Matthias in "Wagging Tongues Will", Part 22.
 Cases must be accepted by the Duke and the right to argue at such a
trial is per trial, there is no 'right' to practice before the Duke.

Lawyers:  Lawyers are just that, usually.  In the countryside, a
lawyer usually apprentices with another lawyer, and is sent to another
district to be tested in law.  Alternatively, one can study at an
institution (akin to London's Inns of Court) and thereby be
accredited.  A lawyer must further be apply to a given court to be
able to practice law therein.   Plaintiffs and Defendants may usually
represent themselves before a magistrate or a judge, but this is not
considered wise.  Some cities actually divide the duties of the
lawyers between solicitors, who work directly as attorneys for their
clients, and barristers, who argue in court at the behest of the
solicitors (as a gross-simplification).  As in so many times and
places, lawyers are engaged for their services, but often despised
because of it as well.  Nonetheless, it is a respectable career, and
may eventually lead to a judgeship or other positions of favor.  Law
is often a route for studious persons who are not necessarily
magically inclined.

Those are some of my thoughts for the structure of the legal workings
of Metamor Valley, based on a brief study of Medieval practice.

BTW, this has also assumed the following political structure of the
Valley and the North Midlands:

1) The North Midlands is an ancient Duchy from the time of the
Suleiman Empire.  The Duke of Metamor is really more like a medieval
King.  A duchy comprises several counties (also earldoms or shires,
depending on local tradition).  These counties, in turn, are comprised
of smaller divisions:  Either cities or towns under charter, lesser
fiefdoms of nobility below the rank of 'count', and
parishes--communities of 'public' villages.

2) Though the other Earls (or Counts) and nobles are required to pay
their feudal service, those who hold land in fief (and some only hold
title) are mostly autonomous, with the Keep's direct administrative
control now reaching through the Valley and little beyond.

3) Peers are (in order): The Duke of Metamor; Earls/Counts (equal);
Viscounts; Barons.  Knights are also nobility, but not peers and not
entitled to sit on the Duke's council.

Please correct or add to this.  I'm trying to get a good feel as I'm
writing a murder mystery that will have to do with various parts of
the legal system (and, if it is successful, I want to write more).  If
people generally agree, I'll add it to the Wiki and then I'll be
writing stories based on it.

-Tatsushu

PS:  I do not expect anyone would have a problem with there being
'private' investigators (I do not know that I would use that title)
working with and for the Courts, Watch, and private citizens, though I
know that is pretty much a 19th century profession.

References:
http://www.fordham.edu/halsall/sbook.html (The Internet Medieval Sourcebook)
http://www.chinet.com/~laura/html/titles.html (British Titles of Nobility)