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The '''Judiciary of Great Nortend''' is the branch of the [[Government of Great Nortend|government of Great Nortend]] that is responsible for resolving disputes between subjects as well as between the [[Government of Great Nortend#The Crown|Crown]] and subjects by maintaining and upholding the law of the land.
[[File:Gordon_Hewart_LCJ_by_John_Lander.jpg|thumb|200px|The Lord Justice of King's Chamber, Lord Blackett.]]
The '''judiciary of Great Nortend''' is the branch of the Erbonian [[Government of Great Nortend|government]] that is responsible for applying the law of [[Great Nortend]]. It is administered through His Majesty's Chancery, the Lord High Chancellour.


==The Law==
The Erbonian legal system is constitutionally based in the concept of “natural right”, which is manifested in the customs, precedents and statutes of the nation. The [[Monarchy of Great Nortend|Sovereign]] as the highest authority in the land, is font of right. The law is applied in the hierarchy of courts which dispense the King's justice.
 
==Law==
{{Main|Law of Great Nortend}}
{{Main|Law of Great Nortend}}
The Erbonian legal system is a mix of customary, regular, civil and statute law, based mostly on an adversarial system. The normal courts (i.e. not the manorial, admiralty, ecclesiastical or martial courts) are in the regular law tradition, often thought of as the Erbonian equivalent to '{{wp|common law}}' and formally known as the 'law of the realm' or ''lex regni'', as contrasted with statute law, formally known as ''jus rege''. The aforementioned courts apply a mixture of civil law practice with elements of the regular law.
The intangible “natural right” is the foundation of Erbonian law. All customs, precedents and statutes are seen as the nation's expression of the “natural right” as applicable from time to time. Practically speaking, therefore, there are three main categories of law :— civil law, criminal law and canon law. These are traditionally considered to involve disputes of “Subject against Subject”, “Crown against Subject” and “God against Subject”.  


There are five traditional categories of 'law'. These categories are: 1. Criminal law; 2. Civil law; 3. Admiralty law; 4. Martial law; 5. Canon law.
All of these specialised branches of law, such as military law, admiralty law, forest law, mining law, &c., fall into one of these three main categories.


==Judges==
==Courts==
[[File:GNJudges.png|thumb|200px|Court dress of the justices of the Chamber Courts.]]
[[File:Beverley_Guildhall_Courtroom.jpg|thumb|200px|The main court room in Gibbingham.]]
====Lords Justices====
All Erbonian courts exercise the [[Monarchy of Great Nortend|Sovereign's]] prerogative, as the font of right, to “do right” to his subjects. There are two types of court :— the sessions courts and the royal courts. The former dispense “low justice” and deal with misdemeanours and civil quarrels between fellow vassals. The latter dispense “high justice” with the sole right to pass a sentence of death. They also deal with disputes between subjects under the jurisdiction of no single sessions court. There is a system of appeal from the lowest sessions court to the highest royal court.
The Lords Justices are the justices, or rather suitours, of the [[Courts_of_Great_Nortend#High_Court_of_Great_Council|Court of Counsellours]], where they are known as Law Counsellours. Lords Justices are appointed typically from senior chamber justices and are members of the [[Parliament of Great Nortend|House of Lords]], being created a [[Peerage of Great Nortend#Knight banneret|knight banneret]] by the [[Monarchy of Great Nortend|Sovereign]]. Though they have full voting rights, by custom this is not exercised except in matters of law. The Lord Justice of Common Chamber and Lord Chief Justice are Lords Justices; however, they do not usually sit in the Court of Counsellours.


====Chamber Justices====
The sessions courts are local courts consisting of the manor sessions, the petty sessions and the general sesssions, which try with disputes within a manor, a hundred and the county at large respectively. They are presided over by lay judges, mainly recorders and yeomen of right. While they apply chamber law, they have no power to create precedents by their judgment. New customary rules can be established over time, although this is quite rare nowadays.
The Chamber Courts, being the [[Courts of Great Nortend#Court of King's Chamber|Court of King's Chamber]] and the [[Courts of Great Nortend#Court of Common Chamber|Court of Common Chamber]], have a total of thirteen justices. This includes two lords justices—the Lord Justice of Common Chamber and the Lord Chief Justice—as well as five and six puisne justices in the Common Chamber and King's Chamber respectively. All of the puisne justices are entitled the Honourable Mr Justice A. B. whereas the lords justices are entitled the Right Honourable Lord Justice A. B.


All chamber justices are Serjeants at Law (''servientes ad legem''), and are customarily knighted as Knights Companion of the Order of the Mantle and Tippet, the tippet being a term used to refer to the liripipe of a hood.
The main Royal courts are the Court of Chancery Chamber, the Court of King's Chamber and the Court of Common Chamber, collectively known as the chamber courts, which deal with mostly canonical, criminal and civil matters respectively. The two secular courts are staffed by trained judges appointed under the Great Seal of the Realm to serve at the Sovereign's pleasure. Their judgments form the body of chamber law which is binding to an extent on themselves and lower courts upon inrolment on their respective chamber rolls. Furthermore, their justices periodically go on Eyre around the kingdom sitting as Courts of Eyre.  


The dress of a chamber justice, as they are known, is shewn on the right. On festal occasions and red-letter days, all justices wear scarlet robes (row 1), lined in fur or silk, in winter and summer respectively. The fur for the lords justices are of ermine, whereas coney is used for puisne justices. The silk is similarly silk velvet for the lords justices and silk taffeta for puisne justices. Traditionally it is of a lilac or pink colour; however, grey is increasingly popular, an innovation credited to Mr Justice Rewhard. With the scarlet robe is worn a hood and mantle of the same cloth and trimming.  
Appeals from the chamber courts lie to the Court of Counsellours responding to petitions to the [[Monarchy of Great Nortend|Sovereign]] himself. In fact, the court is a sitting of [[Parliament of Great Nortend|Parliament]], presenting its verdicts as “billae” to the Crown for assent. There are also specialised courts of Admiralty, of the Marischal and Constable, of Verders, &c. which exercise principally specialised delegated jurisdiction.


A black silk girdle is worn around the waist, and breeches, stockings and buckled court shoes are worn. Additionally, a detachable wing collar is worn with white bands as well as a powdered full-bottomed wig. Gloves and lace cuffs are also worn and the black cap is carried.
==Judges==


For normal sitting days, the justices of the King's Chamber wear the same scarlet robes albeit without the mantle (row 2). Justices of the Common Chamber, on the other hand, wear dark blue robes (row 2) in the same fur or silk, with the same accoutrements as worn on festal occasions, albeit without the mantle and in the dark violet colour. The colour of dark blue appears very nearly black, being only slightly lighter than the girdle.
===Lords Justices===
The Lord Justices are the main justices, or rather suitours, of the Court of Counsellours where they are known as Law Counsellours. Lord Justices are appointed typically from senior chamber justices and are members of the [[Parliament of Great Nortend|House of Lords]], being created [[Peerage of Great Nortend#Knight banneret|knights banneret]] by the [[Monarchy of Great Nortend|Sovereign]]. Though they have full voting rights in the House, by custom this is not exercised except in matters of law. The Lord Justice of Common Chamber and Lord Justice of King's Chamber are Lord Justices. The Lord High Chancellour and Lord High Steuard preside over proceedings, but nowadays do not usually vote.


Some justices continue to use a violet-blue set of robes and hoods for criminal trials and proceedings in winter, i.e. Michaelmas and Lent terms, and in 2003 the return to historical practice was recommended to all justices hearing criminal matters by both the Lord Chief Justice and the Lord Chancellour.  
===Chamber Justices===
The secular chamber courts have a total of twenty-four justices appointed from the ranks of Serjeants at Law (''servientes ad legem''). There are two Lord Justices—the Lord Justice of Common Chamber and the Lord Justice of King's Chamber—as well as eleven puisne justices each. The Court of Chancery Chamber is presided over by the Lord High Chancellour with six puisne justices.


=====Court of Eyre=====
===Dress===
{{See also|Courts of Great Nortend#Court of Eyre}}
[[File:GNJudges.png|thumb|200px|Court dress of the royal justices.]]
The puisne justices when on circuit or eyre wear for normal sittings days a simplified or more informal version of the robes worn (row 3). For cases ''nisi prius'' or ''ad omnia placitum'', the dark violet robes of the Common Chamber are worn by justices from both courts. This is worn with the black girdle as well as with a black scarf and a 'casting-hood' in scarlet cloth, which is a hood thrown behind the body by the liripipe, giving the effect rather like a sash. Justices wear with this 'undress' a short bench wig.
On festal occasions and red-letter days, all justices wear scarlet robes lined in fur. The fur of all Lord Justices is ermine, whereas miniver is used for Chancery Chamber puisne justices, grys for the King's Chamber and black sable for the Common Chamber. A hood and mantle is worn with the robe with a black silk girdle around the waist. A detachable collar is worn with white bands or jabot as well as a powdered full-bottomed wig. Gloves and lace cuffs are also worn and the black cap is carried. Court dress is worn underneath the robes.


In criminal matters of ''ad gaolum deliberandum'' and ''ad pacem'', the crimson gown is worn in the same fashion as for civil matters.
On normal sitting days, the justices wear scarlet robes in summer and crimson in the winter faced in white, grey or black silk, whether Chancery Chamber, King's Chamber or Common Chamber. This is worn with a casting-hood instead of the full hood. The casting-hood is a hood thrown by the liripipe behind the body, giving the effect of a sash. Justices wear with this 'undress' a short bench wig. Court dress is still worn underneath the robes.


===Addressing judges===
Sessions yeomen justices mostly wear plain black gowns over court dress. General sessions justices, sheriffs, and certain local or county dignitaries wear violet robes trimmed in some sort of silk or fur.
{{Main|Forms of address in Great Nortend#Judiciary}}


{{GNC}}
{{GNC}}

Latest revision as of 12:16, 28 January 2021

The Lord Justice of King's Chamber, Lord Blackett.

The judiciary of Great Nortend is the branch of the Erbonian government that is responsible for applying the law of Great Nortend. It is administered through His Majesty's Chancery, the Lord High Chancellour.

The Erbonian legal system is constitutionally based in the concept of “natural right”, which is manifested in the customs, precedents and statutes of the nation. The Sovereign as the highest authority in the land, is font of right. The law is applied in the hierarchy of courts which dispense the King's justice.

Law

The intangible “natural right” is the foundation of Erbonian law. All customs, precedents and statutes are seen as the nation's expression of the “natural right” as applicable from time to time. Practically speaking, therefore, there are three main categories of law :— civil law, criminal law and canon law. These are traditionally considered to involve disputes of “Subject against Subject”, “Crown against Subject” and “God against Subject”.

All of these specialised branches of law, such as military law, admiralty law, forest law, mining law, &c., fall into one of these three main categories.

Courts

The main court room in Gibbingham.

All Erbonian courts exercise the Sovereign's prerogative, as the font of right, to “do right” to his subjects. There are two types of court :— the sessions courts and the royal courts. The former dispense “low justice” and deal with misdemeanours and civil quarrels between fellow vassals. The latter dispense “high justice” with the sole right to pass a sentence of death. They also deal with disputes between subjects under the jurisdiction of no single sessions court. There is a system of appeal from the lowest sessions court to the highest royal court.

The sessions courts are local courts consisting of the manor sessions, the petty sessions and the general sesssions, which try with disputes within a manor, a hundred and the county at large respectively. They are presided over by lay judges, mainly recorders and yeomen of right. While they apply chamber law, they have no power to create precedents by their judgment. New customary rules can be established over time, although this is quite rare nowadays.

The main Royal courts are the Court of Chancery Chamber, the Court of King's Chamber and the Court of Common Chamber, collectively known as the chamber courts, which deal with mostly canonical, criminal and civil matters respectively. The two secular courts are staffed by trained judges appointed under the Great Seal of the Realm to serve at the Sovereign's pleasure. Their judgments form the body of chamber law which is binding to an extent on themselves and lower courts upon inrolment on their respective chamber rolls. Furthermore, their justices periodically go on Eyre around the kingdom sitting as Courts of Eyre.

Appeals from the chamber courts lie to the Court of Counsellours responding to petitions to the Sovereign himself. In fact, the court is a sitting of Parliament, presenting its verdicts as “billae” to the Crown for assent. There are also specialised courts of Admiralty, of the Marischal and Constable, of Verders, &c. which exercise principally specialised delegated jurisdiction.

Judges

Lords Justices

The Lord Justices are the main justices, or rather suitours, of the Court of Counsellours where they are known as Law Counsellours. Lord Justices are appointed typically from senior chamber justices and are members of the House of Lords, being created knights banneret by the Sovereign. Though they have full voting rights in the House, by custom this is not exercised except in matters of law. The Lord Justice of Common Chamber and Lord Justice of King's Chamber are Lord Justices. The Lord High Chancellour and Lord High Steuard preside over proceedings, but nowadays do not usually vote.

Chamber Justices

The secular chamber courts have a total of twenty-four justices appointed from the ranks of Serjeants at Law (servientes ad legem). There are two Lord Justices—the Lord Justice of Common Chamber and the Lord Justice of King's Chamber—as well as eleven puisne justices each. The Court of Chancery Chamber is presided over by the Lord High Chancellour with six puisne justices.

Dress

Court dress of the royal justices.

On festal occasions and red-letter days, all justices wear scarlet robes lined in fur. The fur of all Lord Justices is ermine, whereas miniver is used for Chancery Chamber puisne justices, grys for the King's Chamber and black sable for the Common Chamber. A hood and mantle is worn with the robe with a black silk girdle around the waist. A detachable collar is worn with white bands or jabot as well as a powdered full-bottomed wig. Gloves and lace cuffs are also worn and the black cap is carried. Court dress is worn underneath the robes.

On normal sitting days, the justices wear scarlet robes in summer and crimson in the winter faced in white, grey or black silk, whether Chancery Chamber, King's Chamber or Common Chamber. This is worn with a casting-hood instead of the full hood. The casting-hood is a hood thrown by the liripipe behind the body, giving the effect of a sash. Justices wear with this 'undress' a short bench wig. Court dress is still worn underneath the robes.

Sessions yeomen justices mostly wear plain black gowns over court dress. General sessions justices, sheriffs, and certain local or county dignitaries wear violet robes trimmed in some sort of silk or fur.