Count of Barrayar
Count is a title and position in the government of Barrayar. The North Continent of Barrayar is divided into sixty Districts, one for each of sixty Counts. Each count rules and taxes his District, and all counts were members of the Vor caste.
A Count could choose his own heir, "Count's choice before Count's blood", however the default was the first son of the Count. The origin of the title is from "accountant", as the counts were originally Imperial tax collectors, called " 'counts". Over time they gained control over large swathes of territory and recruited private armies. During the reign of Emperor Dorca Vorbarra the Just, the private armies were outlawed and each Count was restricted to a guard of twenty Armsmen.
The Counts meet in the Council of Counts of Barrayar in Vorhartung Castle to pass legislation, confirm heirs, and conduct other business of state. Along with the Council of Little People and the Emperor, they form the legislature of the Barrayaran Imperium. The Emperor of Barrayar is a count in his own right and has a vote in the Council.
Counts, as Vor lords, could not be tried in standard courts on Barrayar, only tried by their peers in the Council of Counts. However, they face tighter rules in their everyday lives. For instance, the charge of mutiny in the military becpmes treason when applied to a Count or his heirs.
Each Count generally had two official residences, one in the capital in Vorbarr Sultana, and another in his district.
History
Feodor Barra was the illegitimate son of Varadar Tau, the famed chief bandit, and folk-hero, of the early Time of Isolation; as the holder of the last surviving administrative office, Varadar Tau acted as a (forced) tax collector and large-scale embezzler in the struggling but slowly recovering society. Feodor Barra was an accountnant-in-chief for his father in the Northern Plains, alongside a number of other fellows. Such people bore the title of "Accountnant", from the early accounting officers of the lost colony, but in the spoken language the title was simply called "'Count". At the Varadar Tau's death, Feodor stepped in, and took the reins of the bloody rule of his father. In order to avoid a internicine war, he retained his claim to be the paramount ruler of the portion of Barrayar which was ruled by Varadar Tau, and let his father's tenants to regulate themselves in their areas. Soon, the title of "Accountnant" (already a government position) was formally and officially shortened in "Count" and after few generations it became an hereditary rulership title.
The first Count Vorbarra in the current sense was Lev Barra, Feodor's grandson, who took the titles of "Lord 'Count" and of "Emprah". Lev's son, Artem, founded the basis of the current honours system: he adopted the surname prefix of "Vor-" (after the self-given nickname of the original Varadar Tau's fellowship, "V'Vory" i.e. "The Thieves"), thus becoming Artem Vorbarra. The newly self-created Count Vorbarra granted the prefix to other Counts descending from Varadar Tau's fellows and to warriors and warrior rulers of all inhabited territories of Barrayar, even those outside the extent of Varadar's domains, who accepted, thus claiming his superiority and suzerainity over them.
While some Districts originate as independent realms, some others originate as Districts Palatine, i.e. an area ruled by a hereditary Count possessing special authority and autonomy from the rest of the Empire (i.e. Vorbarras' possessions); it thus implied the exercise of a quasi-imperial prerogative within a District. The Count of a District Palatine swore allegiance to the Emperor yet had the power to rule the county largely autonomously of the Emperor. In general, such Districts Palatine were on the periphery of the realm ruled by the Vorbarras. Originally such a rulership was not hereditary, but in practice the hereditary rule of a District Palatine became the norm short after its introduction; ruling houses, however, maintained close ties of allegiance with House Vorbarra. A prominent Count Palatine family is House Vorrutyer; Count Pierre Vorrutyer was the main ally of Emperor Dorcas Vorbarra in the unification wars and in the immediately following period.
With the complete unification of the Northern Continent under the rule of the Vorbarra Emperors, the formerly independent Districts had their status assimilated to those of the Districts Palatine, in order to weaken the desire of rebellion among newly-defeated Counts (Vorrutyer Law, which pairs with the Vorloupolos Law). Today, all Northern Districts are considered to be Districts Palatine held in feudal tenutre by District Counts.
During the time of the occupation of the planet by the off-world Cetagandan Empire, many District Counts were removed or even executed, though a few Counts retained rule of their Districts in return for supporting the Cetagandan regime. The government of most individual districts might then was placed in the hands of ghem-officers or traitorous Barrayarans (either Vor or proles).
Districts
A Northern District is an area, located in the Northern Continent, of the Empire of Barrayar that shares sovereignty with the Imperium central government. Since the reign of Dorca Vorbarra, there are sixty Northern Districts. Northern Districts vary from the modern to those with large backcountry populations; some provide modern social services, such as medical care and education, while others are more restrictive or old- fashioned. The degree of industrialization also varies widely.
The Barrayaran legal system allocates certain powers to the central government and places some limitations on the Northern District governments. Tasks of public security, public education, public health, transportation, and infrastructure are primarily district responsibilities, although some of these have significant imperial funding and regulation as well.
The Counts exert feudal control, government, protection and administration of the District of the title, with an extension that varies depending on the time and circumstances. For the administration of the District is never allowed the allocation of the powers of legislation, administration, jurisdiction of the imperial agencies and institutions.
The District Count is the sole and ultimate ruler of his District. Within his district, a Count's power is absolute: His word and his parole are law, and every public official is his servant, sworn to obey his orders: his jurisdiction is his personal property. Within their districts, Counts have a monopoly on both legal and effective force.
In particular, each Count has the duty/right to enforce law and security through his own forces and finances. Each Count is permitted a maximum of twenty Armsmen allowed to carry weapons and serve as bodyguards and security force, although Counts can deploy armed police forces. The Armsmen are often recruited among the most brilliant Imperial officers and soldiers originating from the District, but the entire organization both of administration and the security apparatus is entirely under the Count's own discretion: he has the right to run his District as he sees fit, unless reined in by the Emperor or his brother Counts. Each Count can create local laws, structure District government to suit himself, impose taxes, provide public services, and so forth.
Count District versus Countship
A Count District is the territory or geopolitical entity ruled by a Count. The term implies a territorial domain, within which the Count has actual subjects and maybe significant land holdings, with respect to which the Count has unique legal privileges. A Countship is the title or status of a Count, a rank in the Vor caste, although it is attached to a District. The Count Vorbarra holds both the Countship (title) and Count District (where he holds several estate holdings), the latter being the source of his personal income.
Powers and prerogatives
In each of the Districts, Counts exercise many of the functions traditionally associated with sovereignty. In the first instance the Counts — rather than the Emperor — collect taxes, administer justice, and claim responsibility for the material and moral welfare of their subjects. Each Count runs his District on his own, and Districts' organisation and operations are not the same across the continent, although some common models can be found, such as the granting of charters to major cities.
Northern District governments are power originating from the relevant Counts and from the Emperor through their individual legal systems. Northern Districts may be divided into further territorial levels, which may be assigned some local authority but are not sovereign; the administrative structure varies widely by District.
Local Count's Justice is also run by and for the District Count, who exercises it either by Count's Voices and by Count's Courts. Counts are free to organize their individual governments any way they like, so long as they conform to the sole requirement of the Empire general legal custom that they are the ultimate rulers. District Counts can also organize their judicial systems differently from the Imperial judiciary, as long as they protect the duty to procedural due process. Most have a trial level court, an appellate court and a Cassation Court, as well as a Count's Voice system.
Counts' power, however, is not unlimited. The Council of Counts, although it is reluctant to do so, may intervene in disputes between Districts and even between Counts and their subjects. If a Count is excessively autocratic or tyrant in his behiavour, the Council may take harsh measures as exiling or even removing him.
Hereditary and political matters
The hereditary axis of a Count is on three different levels.
The first level, which is essentially governed by public law, concerns the transmission of the right of government. The Government of the District is indivisible and inalienable and, therefore, the Count cannot in any case divide public law functions across multiple successors. The office of District Count is hereditary, i.e. passed from father to the eldest male son. Although exact hereditary criterya do vary from house to house, the (partial) exclusion of the women has developed and consolidated throught the Bloody Centuries and it was consciously adopted to minimize the chances that a VorX would be the most direct blood heir to other Counts of other families. The exclusion of the female line was strongly encouraged by every strong Emperor in order to prevent one Count from completely conquering another Count's District and trying to merge them into one or run both Countships in parallel; this policy was consistently enforced even by the whole Council of Counts over the centuries.
The second level consists of essentially private law functions, but closely linked to the government of the District. Each District has, within its territory, some estates owned by the ruling Count. They are considered not belonging to the functions of government, and therefore the Count can dispose of by private law transactions. These estates could be subdivided across multiple successors.
Finally, every Count, as well as any other person of the Empire, may possess personally, personal properties and real estate. The Count, as well as any other person in the Empire, may have personal property through customary instruments of private law. The concrete, ordinary-day power of the Counts lies in the power of what they privately possess. The land the Counts own covers city blocks and country lands. The Counts control hundreds of livings which give the right to appoint local officials, also outside their own jurisdictions as District rulers. This right means he is in a position to give employment to a substantial number of men. Other Counts and High Vors work in various ministries in the Government of the Empire. Each ministry has a number of patronage spots.
Heirs
A Count has to formally appoint his own successor, who usually is his eldest living son. The chosen heir must be formally presented to the Council of Counts and approved by a simple majority of present members. If the Count fails to appoint an heir, or some dispute over the named heir surfaces after the Count’s death, the Council of Counts shall settle the matter. It is keen to underline, however, that a Count doesn't have to be the previous Count's son: the Barrayaran history is plenty of nephews, cousins, skips to other lines, complete breaks due to treason or war or even other reasons. The sole limitation faced by Counts is that although they get to choose their successors, they must not choose another ruling Count or a different district Count's Heir on pain of having the Council and Emperor reject that choice immediately.
A Count's heir speaks with the Count's authority and under his own responsibility and, in the absence of the Count, can vote in the Council of Counts. He may also pronounce justice in the District, if authorized to do so. A female relative cannot be named a Count’s heir, though she may act as guardian (with voting rights) for an infant heir, if there are no other male relations to do so and if authorized by the Emperor.
In their capacity of House Chiefs, Counts are the ultimate civil authority - with the exception of the Emperor - for what regards civil cases of their own House's members. Moreover, they are the ultimate civil and criminal authority for what regards cases within their own Districts.
Vorbarr Sultana extraterritoriality
Each Count has his own official residence in Vorbarr Sultana: this residence is legally part of his district, and enjoys extraterritorial rights, retaining them since the Time of Isolation. During this age, Counts forced past Emperors to give them extraterritorial rights for their Houses within the capital city: this permitted the building of several castles and fortresses. The city town house (or fortress) of the Count was used by him not as a home but as a private place of temporary lodging, with a permanent staff, where he was treated almost as an occasional guest. In more recent years, near to the unification of the planet under the Vorbarra Emperors, castles were mostly replaced by large houses, with some of the old castles being passed to the Imperium: the Council of Counts itself meets in Vorhartung Castle. Nowadays High Vors are known to spend significant periods in Vorbarr Sultana.
Vorloupulous's Law
Vorloupulous's Law is a law enacted by Emperor Dorca the Just soon after he united the warring Count of Barrayar under his own rule. It limits Counts to a total armed following of 20 Armsmen, and it denies non-Counts and non-heirs-to-countships the right to take an armsman's oath. Each Count may organize an its own militia under Emperor's authorization. Since 2960s, the Permanent Militia Authorization Act 2977 authorized Counts to permanently arm their own internal troops forces.
District Militias
The District Militias are preventive District forces responsible for maintaining public order within each District, and are subordinate to the relevant District Count. Although District Militias could trace their origins back to the immediate aftermath of the planetary unification, or even at the time of the Independent Counts, they were established in their current form following the great turmoil of 2960s in order to deploy a territorial militia to crack down limited insurgencies without calling the standing Imperial Service and they are authorized under specific Emperor's Decrees.
The function of the District Militias is to serve as a conspicuous public order force: the District Militias of any District are organized as a military force and have a military-based rank structure. Training is weighted more heavily toward riot control and rural manhunt matters, but counterinsurgency training is also carefully included. Sometimes, mainly in traditionally-minded Districts where the Vor landed gentry is still rooted, the Militias take the form of a sort of yeomanry.
The District Militias, ancillary forces and Imperial Service reserve, are subordinate to the District Counts for all their duties.
Law enforcement in traditional districts
The Northern Continent is a feudal society and District Counts jealously guard their independence, rights and privileges. District- and lower-level police forces are under the District Count's own control. The municipal and district guards, whatever organized, are treated as a non-military police force: therefore maintaining an armed and uniformed corps is not a violation of Vorlopoulous' Law.
The district police is simply a Count's own police force, strictly forbidden from any military-type activity. Every District also has a District Militia under the individual Count's direct control, in order to smash any internal subversion and to quell riots: these troops are authorized under Vorlopoulous' Law and may act as hostage-rescue intervention force, as well as a small counterinsurgency force.
A Count is due fealty from all the people of their district, including the policemen. The difference between a district guardsman and an Armsman is that an Armsman is specifically oath sworn to the Count, while a guardsman, as everyone else, just has the normal duties of everyone in the district.
Open method of coordination
The open method of coordination is a means of governance in the Northern Continent, based on the voluntary cooperation of its District Counts. The open method of coordination is a light but structured way Northern Districts use to cooperate at continental/planetary level. This method helps to build consensus on solutions and their practical implementation.
Northern District Law
The sixty Northern Districts are suzerain powers with their own legal systems. They retain full power to make laws covering anything not pre-empted by the Imperial prerogatives, statutes, or interstellar treaties ratified by the Empire.
All Northern Districts have a judicial branch that applies and interprets both state statutes and regulations, as well as ordinances. Normally, District Counts or, on their behalf, District supreme courts (if present) are the final interpreters of District law, unless their interpretation itself presents a Imperial supremacy issue, in which case a decision may be appealed to the Supreme Court of the Empire. The right to petition the District Count is not universal, nor granted to everyone by the Imperial Law; one way to get it was to have one’s father die in military service. Every District, if it desires so, can establish more favourable laws, however. In Northern Districts the criminal procedure is very varied because each Count deals with its own traditions and preferences, but there are some common models.
The so-called "Organic Model", which includes a mostly inquisitorial proceeding, provides that Village Speaker (or Town Magistrate: the local representative and chief official) Speaks also serious crimes as a court of first instance; its judgements may be appealed to the District or Circuit Magistrate as a court of appeal and second instance, and then to the Count or to his Voice, who is the final appeal instance. Against Count's judgement, no appeal may be enacted under the local District law.
Rights and Privileges
Counts enjoy many privileges. They, their wives and their Heirs have the right to be tried for treason and felony only in Council of Counts; they do not have to serve on ordinary juries (neither do convicted felons, lunatics, or undischarged bankrupts); they cannot be arrested for forty days before and after Council of Counts is in session. A Count and an Count's Heir is barred from voting in parliamentary elections and from sitting in the Council of the Little People (again in the company of lunatics and felons). But the principal right of a Count is to a seat in the upper house of Parliament, the Council of Counts. A Count sits in the upper house of Parliament - the Council of Counts. There are a few more qualifiers: a Count may not take his seat if he is under the age of twenty. In this case, a special Count's Voice and Guardian has to be appointed. Younger sons of Counts can sit in the Council of the Little People. Counts usually consider themselves to "own" certain Council of the Little People seats - those from their district - and often the "election" of their sons or nephews to those seats is mere formality. It is easy to see that with this sort of system, the Counts could control Council of the Little People votes and thereby pretty much control government.
Trial by Counts
Just as other people have a right to trial by a jury of their equals, Counts, their wives and their Heirs have a right to trial by other Counts. No Count may be brought in judgment to lose his temporalities, nor to be arrested, imprisoned, outlawed, exiled, nor forejudged, nor put to answer, nor be judged, but by the other Counts. The power to choose which Counts serves as Lord Prosecutors lay with the Crown and is sometimes subject to abuse.
In the Council of Counts, the Lord Steward and President of Session of the Counts is the President of the Court, and the entire Council determines both questions of fact and questions of law as well as the verdict. At the end of the trial, Counts vote on the question before them by standing and declaring their verdict by saying "guilty, upon my honour" or "not guilty, upon my honour", starting with the most junior and proceeding in order of precedence ending with the Emperor. For a guilty verdict, a majority is necessary. The entire Council also determines the punishment to be imposed, which has to accord with the law. For capital crimes the punishment is death by starvation.
If a Count, his Heir or his Wife is convicted of a crime, except treason or murder, he or she could claim the "Privilege of the Land" to escape punishment if it is their first offence. The Privilege is exercised very rarely.