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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. |
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| ==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. |
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| | ==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”. |
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| There are five traditional categories of 'law'. These categories are: 1. Criminal law; 2. Common 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. |
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| ==Courts== | | ==Courts== |
| The courts in Great Nortend are not formally normally established individually. Rather, individual judges or justices are empowered to hold court or assize under either commissions by the [[Monarchy of Great Nortend|Sovereign]], or by various deeds, warrants and letters patent. There is no distinction in Great Nortend between 'law' and 'equity'. | | [[File:Beverley_Guildhall_Courtroom.jpg|thumb|200px|The main court room in Gibbingham.]] |
| | | 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. |
| ===Sessions===
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| The sessions are courts held not by royal justices created by writ of the [[Monarchy of Great Nortend|Sovereign]], but under the communal or seigneurial systems of justice. The three main types of sessions are the manorial sessions, the petty sessions and the quarter sessions.
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| ====Manorial sessions====
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| The manorial sessions (''curia baronis'') is a court held in a manor which subsumed the historical vill sessions and rector's court. The manorial sessions has the power to resolve pleas of the lord's tenants, free and unfree, in writs of ''recto'' and in personal pleas where the debt does not exceed 40 [[Pound marten|shillings]] and to amerce those who break the manorial or parochial bye-laws. It has no jurisdiction over matters not concerning a tenant of the lord, in which case the plea or matter must be brought in another court.
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| The manorial sessions is held by the lord of the manor, whose steward serves as presider thereover. Matters are judged by a jury of suitours, taken from those tenants of the manor who are obliged to attend court when it sits. The manorial court is by law required to convene monthly. Pleas in real matters from the court may be removed to the quarter sessions by a writ of tolt, and other matters to the royal courts by a writ of pone. After judgment is given, a writ of accedas ad curiam can be used.
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| ====Petty sessions====
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| The petty sessions, or hundred court (''curia centeni'') is a form of manorial court held in a 'petty sessions district', which is equivalent to a hundred. It has all of the powers of a manorial court, in addition to the powers to try crimes which occur in the hundred's vills, and the widening of its jurisdiction to include over all tenants within the hundred.
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| The petty sessions is held normally in the principal town of the hundred, and comprises three wardens of the peace appointed by the sheriff of the county. The registrar of the court is either a bailiff appointed by the sheriff or the steward of the lord of the hundred, a title attached to the lord of the manor of the principal town of the hundred. A jury of suitours is empanelled to deliver verdicts.
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| Because of the ease of appealing decisions from the petty sessions to the royal courts, it is practically obsolete in the trial of real actions. Its remaining jurisdiction in practice is over other common pleas between tenants of the hundred involving sums less than [[Pound marten|£]]30, and in the trial of those accused of misdemeanours where the constable of the parish wherein the crime allegedly occurs, along with his witnesses, must present and allege the crime to the jury of suitours empanelled, who have the power to give a verdict, the wardens of the peace having the role of sentencing.
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| In the case of felonies, the constable must make indictment or information to the quarter sessions or courts of eyre. As with the manorial sessions, pleas present in the petty sessions may be removed to the quarter sessions by a writ of ''tolt'', and other matters to the royal courts by a writ of ''pone''. A writ of ''accedas ad curiam'' can be used to sent a judgment to the royal courts for review.
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| ====Quarter sessions====
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| The quarter sessions, or county court, is a court held by the sheriff of a county. It has a jurisdiction over all persons resident in a county and is one of the main courts for civil and criminal actions. By virtue of various writs of justicies, the quarter sessions are empowered to hear most real actions (excluding those determining freeholds, frankalmoign and certain statutory writs) and personal actions of any value, which are by right due to the royal courts. It also has the power to hear pleas removed from the manorial sessions and petty sessions by writs of ''tolt''.
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| In criminal matters, the quarter sessions is empowered to try all misdemeanours and trespasses, and all felonies excepting murder, treason and other crimes with a required sentence of death, as the sessions are not empowered to request a sentence of capital punishment. The process for misdemeanours is as in the petty sessions; however, felonies must be begun by indictment or information. All felonies may be indicted in the quarter sessions; however, those felons for which the prosecution desires the capital punishment must be kept in the county gaols until the court of eyre arrives.
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| The judges of the quarter sessions are properly the jury of suitours; however, the recorder, appointed by the sheriff, and three wardens of the peace normally sit on the bench as justices who pass sentence and may try pleas summarily by agreement of the parties. A judgment of the quarter sessions may be re-examined by the royal courts with a writ of ''recordari facias loquelam'', and plea can be removed to the royal courts by a writ of ''pone''.
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| ===Royal courts===
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| ====Court of Eyre====
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| The Court of Eyre (''curia itineris justiciarii'') is a travelling circuit court composed of the puisne royal justices from the Common Chamber and the King's Chamber. There are six 'circuits' around different regions of the country, and it is required that each county be visited at least twice a year. The justices in eyre hold criminal commissions of the [[Monarchy of Great Nortend|Sovereign]] of ''audiendo et terminando'', ''ad gaolam deliberandam'', ''ad pacem'' and in civil matters by commissions of ''nisi prius'' and ''ad omnia placita''. | |
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| By their civil commission of ''ad omnia placita'' are the justices in eyre empowered to hear pleas removed from the sessions by ''recordari'', ''accessas'' or ''pone'', and by ''nisi prius'' are they empowered to hear pleas which ordinarily must be heard in [[Lendert-with-Cadell|Lendert]] originating by original writ of Chancery.
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| Their criminal commissions empower the justices in eyre to hear all criminal cases in the county. Specifically, their commission ''audiendo et terminando'' requires them to make diligent inquiry into all misdemeanours, felonies and treasons, and to hear and determine them appropriately. This is achieved through presentment and indictment. Their commissions of ''ad gaolam deliberandam'' charges justices to try all prisoners in the county's gaols, previously indicted in the quarter sessions. The general commission ''ad pacem'' simply gives justices in eyre all of the powers of a warden of the peace. No justice in eyre may try cases ''audiendo et terminando'' or ''ad gaolam deliberandum'' in the county where he was born.
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| Judgments in the court of eyre may be appealed in law by writ of ''certiorari'' or in fact by a writ of ''errore corrigendo''.
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| ====Court of Common Chamber====
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| The Court of Common Chamber hears common pleas by action between commoners, as opposed to those involving nobility or the Crown, which are heard in the Court of the Parliament. The justices of the Court of Common Chamber include one Chief Justice and five puisne justices appointed by commission and sits in the Common Chamber of Castle of Lerdenstone in [[Lendert-with-Cadell]].
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| In the Common Chamber, all original actions begin with a writ of Chancery, termed an original writ or ''breve originale''. Each writ is for a specialised action which the law countenances and is able to provide a remedy for.
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| Writs are available for real actions (such as ''recto'', ''nova disseisina'' and ''præcipe quod reddat'') and personal actions (such as ''debito'', ''detentiones bonorum'', ''todis'', ''conventione'', ''assumpsit'', ''transgressione vi et armis'', ''quare clausum fregit'', ''bonis asportatis'' and ''habeas corpus ad respondendum'').
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| Its appellate jurisdiction is founded upon the writs of ''accessas'', ''recordari'', ''certiorari'' or ''errore corrigendo'', whereby it may hear appeals from pleas in the sessions and courts of eyre upon matters of fact or law. Writs of ''pone'' may also remove cases from the sessions before judgment is given for administrative and procedural matters.
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| No action may be brought in the Court of Common Chamber without a writ, an espoused in the maxim, ''non potest quis sine brevi agere''. In exceptional cases, the plaintiff may petition a Court to order that the Chancery issue a special writ inventing a new cause of action and remedy. Such a petition is heard in the Court of the Parliament. Only Serjeants at Law (''servientes ad legem'') have rights of audience in the Common Bench.
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| Judgments of the Common Chamber may be enforced by writs of execution, whereof there are many types, each pertaining to a particular original writ. Most remedies are in the form of an award of monetary damages or of possession of property (real or personal), which can be enforced by writs such as ''habere facias possessionem'', ''capias ad satisfaciendum'' &c. Injunctions may be enforced by writs of ''injungimus'', the former whereof ought not to be confused with writs of ''mandamus''.
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| ====Court of King's Chamber====
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| The Court of King's Chamber is the royal court that hears all criminal cases that have been sent through to it in the first instance by indictment or information from the sessions. It also hears civil pleas related to taxation and the Exchequer's revenues, and has the ability to hear pleas of real actions between or concerning tenants ''in capite'' as well as criminal trespasses alleging ''vi et armis contra pacem domini regis''. It is composed of the Master of the King's Pleas, and six puisne justices, appointed by commission to serve as His Majesty's pleasure. As with all royal courts, it sits in the Castle of Lerdenstone.
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| By writs of ''pone'', ''accessas'', ''certiorari'' and ''errore corrigendum'' it hears appeals and pleas from the court of eyre and sessions. Its original criminal jurisdiction is over all misdemeanours, trespasses, felonies and treasons committed in the realm; however, the sessions and courts of eyre by writs of ''justicies'' and the their own original jurisdiction have removed many cases from the King's Chamber. Nowadays, only the most serious crimes are tried therein, generally on appeal.
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| One justice sits in cases at first instance, and three justices on appeals. Only King's Counsel and Serjeants at Law have right of audience in the King's Chamber.
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| ====High Court of the Parliament====
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| The [[Parliament of Great Nortend|High Court of the Parliament]], usually known as the Court of the Parliament, serves as the penultimate court in the judicial hierarchy. The Court is formally presided over by the Lord High Steaurd, although except in cases of impeachment, the Lord High Chancellour usually presides.
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| The Court of the Parliament has the power to hold the pleas of and impeach members of the House of Lords, and also to try peers in criminal matters. To this end, peers may remove proceedings in action or trial in an inferior court into the court by petitioning the Court and thereby obtaining a writ of ''se recto''.
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| The Court also has appellate judgment which extends to all criminal and civil appeal judgments brought for reconsideration from the sessions or royal courts upon petition by a writ of ''orat nobis''.
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| ====Court of the King in Camera====
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| ===Ecclesiastical courts===
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| ====Court of the Archdeacon====
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| ====Consistory of the Bishop====
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| ====Court of the Archbishop====
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| ====Court of the Chancellour====
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| ===Specialised courts===
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| ====Court of the Marischal and Constable====
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| ====Court of the Ermine====
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| ====Court of the Coroner====
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| ===Criminal causes===
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| The criminal court hierarchy tries those persons accused of crimes. Though private prosecutions are permitted, the Crown usually acts as the prosecutor.
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| {| class="wikitable"
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| |-
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| ! Court
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| ! Composition
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| ! Jurisdiction
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| |-
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| | Petty Sessions
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| | 3 W.P.s, or 1 S.M.
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| | Infractions and misdemeanours
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| |-
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| | Quarter Sessions
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| | Recorder and 1 S.M or 3 W.P.s.
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| | Removals, misdemeanours, trespasses and lesser felonies tried with a jury.
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| |-
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| | Assize
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| | 1 Justice
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| | Appeals, and felonies tried with a jury.
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| |-
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| | Court of King's Chamber
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| | 1 Justice (3 Justices in appeals)
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| | Appeals, felonies and treason tried with a jury.
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| |-
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| | Court of Appeal
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| | 3 Lord Justices
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| | Appeals
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| |-
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| | Court of the Noble Lords
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| | 6 Lord Justices
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| | Appeals
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| |-
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| | Court of King in Camera
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| | The Sovereign and the Lord High Steuard
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| | Appeals
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| |-
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| |}
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| In criminal causes, proceedings must begin by information, indictment or presentment.
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| A misdemeanour or infraction is traditionally begun by presentment, asking a court of Petty or Quarter Sessions to examine the evidence and decide whether there is a case to be made.
| | 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. |
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| A felony or treason may be begun by either information or indictment in the court of Quarter Sessions or a Court of Assize, depending on the severity, but indictment is most common as if a jury should return a verdict of not guilty for a proceeding under information, the court is empowered to hold the informant in contempt. Proceeding by indictment involves drawing up a bill of indictment, and asking a grand jury to determine, by a majority of at least twelve men, whether the bill is a 'true bill' or not (in which case 'ignoramus' will be engrossed).
| | 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. |
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| Where there is a petty jury which must deliver a verdict, the jury may return a verdict of filed convict, filed acquit, clean acquit, and no verdict. A verdict of filed acquit may be appealed.
| | 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. |
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| ===Common causes=== | | ==Judges== |
| The civil courts arbitrate disputes between individuals.
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| {| class="wikitable"
| | ===Lords Justices=== |
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| | 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. |
| ! Court
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| ! Composition
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| ! Jurisdiction
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| |- | |
| | Manorial Court
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| | Parish ordinary, Manor steward and 1 J.P.
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| | Matters between tenants | |
| |- | |
| | Quarter Sessions
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| | Recorder and 1 S.M or 3 W.P.s.
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| | Sums less than £30
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| |-
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| | Assize
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| | 1 Justice
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| | Appeals, and sums £30 or greater
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| |-
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| | Court of King's Chamber
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| | 1 Justice (3 Justices in appeals)
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| | Appeals, and sums £30 or greater
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| |-
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| | Court of Appeal
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| | 3 Lord Justices
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| | Appeals
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| |-
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| | Court of the Noble Lords
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| | 6 Lord Justices
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| | Appeals
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| |-
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| | Court of King in Camera
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| | The Sovereign and the Lord High Steuard
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| | Appeals
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| |-
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| |}
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| In matters concerning sums less than [[Pound marten|£]]30, the plaintiff begins proceedings by a plaint, which is a written statement setting out to the court the grounds for suit, following which a summoneas may be issued by the court. For more serious matters, which are heard in the Assizes or higher, the plaintiff must purchase a writ of chancery from the [[Ministry of Great Nortend#List of government ministries|Chancery]] to begin his action.
| | ===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. |
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| The lord of a manor is empowered to hold a manorial court for resolving civil disputes between his tenants, and for other administrative purposes, where proceedings begin by libel. | | ===Dress=== |
| | [[File:GNJudges.png|thumb|200px|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. |
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| ===Ecclesiastical causes===
| | 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. |
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| ===Specialty courts===
| | 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. |
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| {{GNC}} | | {{GNC}} |
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.
