Queen's Capitulary
 
Portrait of Queen Vivienne by Stephanie Pui-Mun Law, copyright 2000-2002 Skotos Tech Inc
 

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 them shall refer it, together with their reports, to the Royal Justiciar. And furthermore, if the Royal Justiciar cannot render justice, the matter shall be referred to the Royal Court.



Chapter I. Court Procedure

If any one shall be accused of a high crime, let the Royal Guard or Winter Watch detain them until such time as the Captain of the Royal Guard may determine whether the accused person should be prosecuted; and let the accusation be known to the Crown Prosecutor and to the Royal Justiciar; 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.

And if the Prosecutor or the Lord Chancellor finds merit in the charges, then the accused person shall be summoned, and shall appear, before the Justiciar or the Lord Chancellor, as it may be; and the charges to be tried shall be made known, and a plea entered. If the plea be guilty, then judgement may be rendered, and a penalty set; 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 Justiciar or the Chancellor, as it may be.

Those of noble blood – Princes and Aristocrats – may choose the wager of battle, or trial by jury of their peers, or judgement by the Queen herself. If found guilty, the judgement rendered against one of noble blood may be expulsion, beheading, loss of noble rank, loss of position, loss of privileges, imprisonment; but no one of noble blood shall have the penalty of exposure in the stocks levied against them.

Knights and courtiers may choose the wager of battle, or trial by jury of their peers, or judgement by the Royal Justiciar; but the peers of a knight are not themselves of less than knightly rank.

The common people of the castle shall be judged by the Royal Justiciar in all cases of high crimes.

In trials by jury, the number of jurors shall be seven: three chosen by the accused; one by the Royal Justiciar, 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.

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 Judiciar 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.

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.

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.

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.

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

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

Chapter III, Title I. High Crimes

If any one commit treason, rebellion, conspiracy against the Crown, or espionage, let them suffer beheading, drawing, quartering and expulsion.

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

The killing of another person is lawful when 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. The killing of another person shall also be lawful when committed by any person resisting or preventing murder or other violent high crimes, or necessarily attempting to suppress riot, or to preserve the peace. And finally, the killing of another person shall be lawful when committed by their opponent in a properly conducted duel.

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

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

If any one commit perjury, or the subornation of perjury, let them suffer beheading. But persons of noble blood shall instead be disgraced, and lose all positions and titles.

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

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

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.

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.

If any one commit rape or bestiality, let them suffer beheading.

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

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

If any one within the Royal Army shall not duly observe the orders of a superior officer for assailing, joining battle with, or making defense against any enemy, or shall not obey the orders of a superior officer as aforesaid in the time of action, to the best of their power, or shall not use all possible endeavors to put the same effectually into execution, 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.

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.

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.

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

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.

If any one shall attempt murder, let them suffer 36 lashes if no blood is shed; but if there shall be serious maiming, disfiguring or mayhem, the penalty shall be beheading. But injuries sustained during properly conducted duels shall not be considered attempted murder or mayhem.

If any one shall commit assault, or attempt the rape of another, let them suffer 12 lashes if no blood is shed; but if there shall be serious maiming, disfiguring or wounding (“mayhem”), the penalty shall be beheading. But if they be of noble blood, they shall suffer such lesser punishment as the court may impose.

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

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; and for the second offense, let them suffer 30 years imprisonment. But they may request beheading.

If any one shall commit bigamy or incest, 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. And furthermore, all such marriages to be annulled.

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.

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. But if the corpse may be resurrected, then let them suffer 5 lashes and be exposed a day in the stocks otherwise.

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

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.

If any one shall impersonate Her Majesty’s servants, or falsely claim authority from Her Majesty, 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.

If any one fail to appear before the Royal Justiciar, or fail to respond to summons, or commit contempt of court, let them suffer imprisonment at the pleasure of the Royal Justiciar; but not beyond the end of the case.


Chapter III, Title II. Misdemeanors

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

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.]

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.

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]

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.

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

If any person, not yet a courtier, shall wear damask, satin, or 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.

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.

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.

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.

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.

If any person, not yet an Honored Guest, or not serving in Her Majesty's Royal Army, shall wear a sword 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 weapon may be held responsible for the behaviour of the common citizen. Also, members of any society with a charter so permitting may also wear weapons. Common subjects using swords in areas customary or appropriate for fencing practice shall not be condemned under this law.

 

Chapter III, Title III. Property Crimes

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.

If any person shall poach or slay the Queen’s beasts, let them suffer the loss of a hand; but if they have lost two hands, then let them suffer death by beheading.

If any person shall commit mugging, plundering or theft by threats of violence, let them suffer 24 lashes; and if they shall commit a second similar offense, let them suffer the loss of hand and branding. But upon the third offense, they shall suffer death by hanging. If any violence should actually have occured, then they should be charged with assault or attempted murder.

If any person shall commit burglary, room-breaking, unlawful entry or other stealthy theft, they shall suffer 36 lashes; and for a second offense, they shall suffer the loss of hand and branding. But upon their third offense, they shall suffer death by hanging.

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.]

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


Chapter III, Title IV: Taxes [A complicated, pointless, and obsolete set of rules.]

Chapter IV, Title I. Tort Law

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

Persons of noble or knighly 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.

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.


Chapter IV, 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.]

Chapter IV, 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.]

Chapter IV, 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.]

Chapter IV, Title V. Probate Law

Wills and testaments, if contested, are judged by the Royal Justiciar; 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.

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.

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.

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.


Chapter IV, Title VI. Marriage Law

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.

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.

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.

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.

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.

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

Annulment may be granted by the Royal Justiciar 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 Justiciar 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.

Divorce may be granted by the Royal Justiciar 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 Justiciar 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.

Upon the dissolution of any marriage, the Royal Justiciar 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.

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.

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