Post by King Adam Aberdeen I on May 19, 2008 18:40:05 GMT -6
PROCLAMATION
LORD ADAM ABERDEEN, by the grace of King of Scotland, to his earls, barons, justices, foresters, sheriffs, stewards, servants, archbishops, bishops, abbots, and to all his officials and loyal subjects, Greeting.
KNOW THAT BEFORE THE PEOPLES OF SKYE AND SCOTLAND:
FIRST, THAT WE HAVE GRANTED TO ALL PEOPLE OF THE GRIFFON REALM, and by this present charter have confirmed for us and our heirs in perpetuity, that the Church of Scotland, and any other religions, or paganisms shall be free. That we wish this so to be observed, appears from the fact that of our own free will, and are granted and confirmed by this charter the freedom to worship as we please - a right reckoned to be of the greatest necessity of many and importance to it - this freedom Skye shall observe, and desire to be observed in good faith by our heirs in perpetuity.
TO ALL FREE PEOPLE OF SKYE AND HER REALMS, we have also granted, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs:
I. On the Matter of Slavery:
1. The Territories of Skye and all the islands in the holding of the Lord and Lady of the Isles, the Duke and Duchess, are hereby declared places of free people, taking hold of their own sovereign futures. The practice of selling and trading one human or another, that of slavery, is not permissible. Keeping slaves is not permissible, and those slaves who claim refuge shall be deemed as free individuals.
2. Those cultures and persons who visit the Isle with slaves in their personal keeping shall be expected to treat them well while staying upon Skye and the surrounding territory. Failure to adhere to Griffon Decree shall forfeit their right to slaves and be banned from Skye and her realms.
II. On Religious Matters:
1. There shall be no law respecting an establishment of religion, or prohibiting the free exercise thereof; and the there shall be separation of church and state, and not interfere in each other's affairs.
2. Houses of faith shall not be allowed to hold dangerous offenders, and those that do will be found in contempt, and the persons helping considered accomplices.
3. The Law of Sanctuary, wherein one may claim sanctuary in a church or other place of faith. Religious sanctuary, to be offered on a charity basis or to victims, shall be unhindered by the Court unless negated on the authority of a warranted man of the law calling for the arrest of a suspected person or persons, and in exceptional cases by the Griffon or an appointed representative if they believe that an extreme breech of the law has been done. The representatives of the Griffon will be the Lord Marshall and Chief Bailiff, who shall have the power to negate sanctuary if they have:
a) A Warrant and/or
b) An expressed, viable reason and proof the person who sought it is in the wrong.
c) Should they be unable to produce the required warrant, and the only other force that can supersede the warrant, will be the express request of the Griffon or his representatives for an offender to present themselves. Thus, this shall be asked twice, no more than thrice, for surrender, then with no reply, they will be hauled outward. This is to be used only in extreme measures to which life and limb of a citizen or the flight of the offender…
4. Those things that fall under matters of morality such as codified in religious texts or in matters of religious office will be overseen by the Church or other such religious body, with the presence of a representative of the Griffon, present to make note of the proceedings. No faith body may enact a punishment of bodily harm in extremes or death.
III. On Freedom of Speech:
There shall be no law abridging the freedom of speech and to petition the Crown for a redress of grievances.
IV. Of Military Matters:
1. A well regulated Militia, being necessary to the security of Skye and its realms, the right of the People to keep and bear Arms, shall not be infringed.
2. No Soldier shall, in time of peace, be quartered in any house, without the consent of the Owner; nor in time of war, but in a manner to be prescribed by the Griffon by Royal Decree.
3. A chieftain or ruling clan's tanist has the right to oversee their family's lands to keep them free of wickedness and tyranny. They may, along with other nobility, make retainers for themselves of warriors, knights, and such persons as to defend their lands, people on them, and interests. All those persons who shall be as the title of knight shall be presented to the Lord and Lady after such decision is levied and given just recognition.
4. The armed retainers of each clan or noble estate can be called upon in times of war to defend the interest of the island.
5. No one of serious ailment, nor too young or too old, or of other such reason shall be made to fight in combat or join in military campaigns despite current or past military service.
6. One must enter the service of the knighthood under no duress, of their own free will, and with the desire to uphold all the virtues, honors, and duties of that station.
7. The Griffon shall not be in the habit of conscripting common men and women into service for ventures, but shall expect that those of knighthood and warrior, and fit status will serve honorably of their own free will unless they express themselves to the contrary why they can not do so if called upon in a time of need.
V. On Jurisprudence: Jurisprudence is the knowledge of things divine and human; the science of the just and the unjust.
1. All citizens must uphold the laws of the realm. One is not free of these laws due to sex, social, or religious class. All grievances and judgment on lesser crimes shall be in accordance with the Law of the Land.
2. The Lord Marshall, The Chief Bailiff, and those in their service have the right to make arrests, with the authority vested in them by the Duchy, of all persons, no matter of station or religious affiliations. They shall present their warrants when entering personal dwellings and places of worship, and be diligent in observing caution and discretion in matters that call upon matters that require a higher level of discerning to dispense justice.
3. All people have the right to petition their chieftains and nobility on local lands for a say in grievances and expect an appropriate resolution to be the outcome.
4. Landowners may oversee judgment on petty crimes, with all decisions on any matter presented to the ruling house of the islands to be recorded in the annuals of legal matters at Blue Castle.
5. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
6. No private property shall be taken for public use, without just compensation.
7. No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of the Griffon, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger.
8. No person shall be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of the Griffon.
9. In all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, and the opportunity to obtain witnesses in his favor, and to have the Assistance or Counsel for his defense. The accused shall enjoy the right to have a speedy and public trial, convened by a member of the Griffon Court.
10. The Law of the Land shall be divided in two: High Justice and Low Justice
a.) High Justice:
Murder, rape, treason, crimes against crown officials or other nobility, Brigandage, similar crimes that occur a multiplicity of times, abductions, ransoms, affairs concerning children, or abuses of station, privilege, or grievous abuses of one person to another, or the abuse of animals such as those for livelihood shall be seen as High Justice and are at the dispensing of the Lord and Lady of the Isle to oversee or be overseen by elected persons deemed worthy to judge such at Griffon Court or in Blue Castle.
(1.) Due Process:
All people suspected of High Justice crimes have the right to a hearing before the Lord and Lady of the Isles with witnesses and a small assembly of peers to determine guilt or innocence in due process.
(2.) Punishment:
High Justice crimes are punishable by prolonged sentences of imprisonment and in some instance by death. Only the Lord and Lady of the Isle may sentence anyone to death such as hanging by the neck until dead in the public square, beheading, death by archers, or other such means of an end.
(3.) Implements of torture:
Implements such as the rack, iron maidens, spikes, and other such devious instruments of design will not be utilized in questioning or when one is imprisoned within the dungeons. Those who are given permission to employ stern use of force in arrests or questioning shall be the Lord Marshall, the Chief Baliff, those in service to each, or those given permission to act in such a fashion by the Lord and Lady's behalf.
b.) Low Justice:
Petty theft, assault, slander, gossip, issues of morality where a party brings complaints of adultery to be heard and fined is such is the noble's way, minor business infractions between merchants, vassalship, All of these things shall be considered "Affairs of the Manor.".
(1.) Affairs of the Manor:
Chieftains, tanists, and other noble landowners may redress grievances on their lands with institution of fines, resolving thefts, solving disputes among common persons such as assaults, slander, gossip, and issues of local morality that tadamount to low justice living on their land with clear, sound judgment as befits them when representing the law.
(a.) One may take an "Affair of the Manor" judgment to the Lord and Lady for appeal, but be advised the ruling landowner's judgment will not be overturned without proper reason or evidence.
VI. On Seeking Refuge and Citizenship:
1. Seeking Refuge:
According to the Law of Nature, and the Law of the Griffon, every person has the right to live free from persecution, or the fear of persecution, based on their race, religion, nationality, membership in a particular social group, or political opinion. People often face persecution for traits they cannot control or exercising their religious or political beliefs. When governments fail to protect these rights, people have the right to move to a country that will protect them. This right is the right to seek asylum. Skye and her realms are obligated to provide this right. The formal basis for exercising the right to asylum is established by Griffon Decree.
2. Citizenship is generally inherited, but may be granted to individuals or to families. Citizenship brings forth not only privileges, but also obligations. Obligations such as:
a. To serve in fire brigades and street patrols.
b. To manned the walls and served in the city militia, in times of war.
c. To pay taxes.
d. To be legally protected.
3. All who petitions, to the ruling house with respect, for citizenship to the Isle of Skye and all the islands of the western Scottish coast, shall be considered for citizenship, providing:
a. They are recognition for some extraordinary service to the realm.
b. Are members of a guild and seek citizenship.
c. Demonstrated themselves as viable assets to Skye or her realm.
d. Swear an oath of loyalty to the Griffon.
VII. On Pursuit of Life, Sustainability, and Trade Among Citizens:
1. Any may seek, for themselves, land to make dwelling and livelihood upon, and to have their petition made into an official deed for their records should they seek it.
2. Education for vocations and the pursuit of scholarly ambition is available to any who seek apprenticeship or to become pupils in the Guild Hall, Healer's College, or Templar Hall and Scholar's Place. One recognized as a master of their craft may teach it to others. Upon completion of education, it will be noted and given as a deed should one seek it.
3. Citizens of all classes have a right to defend themselves from harm at all times.
4. Citizens of all classes have the right of assembly, and shall enjoy the freedom to speak freely and openly without redress.
5. Citizens of all classes are entitled to religious freedom to practice faith as they see fit, to celebrate ritual and observe rites of that faith. All practices are allowed religious toleration, so long as the practice does not defy established laws or cause great harm/loss of life.
6. All have the right to fair and suitable business dealings. Discovered unfair practices will result in the merchant being unable to conduct affairs in the markets or on the Isles until the matter is resolved. The lesser penalty shall be an instituted fine; the most severe shall be the inability to practice business on Skye or her surrounding territories.
7. The age of adulthood shall be deemed 16 years of age. One man or woman of this age can marry, thrive, work, and function alone if they elect.
8. Those that have apprenticed in a chosen craft of have been groomed for the assuming of certain positions shall be granted full rights, privilege, and responsibility of that position upon their 16th birthday, unless: they have chosen to assume their full titles at 18 by agreement with kin, trade master, etc. Those that have chosen to apprentice a new craft at 16 shall be given full status in that craft by seventeen elite apprentices with journeyman status granted at 18, unless the craft master deems otherwise.
VIII. On Contracts of Land, Sale, or other such Contracts
1. A contract is an agreement of writ or word where in one may do, as such thing: Purchase common goods in the market square between merchant and purchaser, seek land, animals, buildings, possessions, bets, marriages, arranged marriages, the circumstances of arranged exchanges, wills, etc.
2. A contract may be made by word by two persons, but requires a third to act as witness to uphold it.
3. A contract made by letters is one written by hand, signed, and bearing some mark of a personal seal.
4. Contractual disputes may be settled by residing landowners, between two parties, or by representatives of the Griffon Court.
5. A contract shall be considered valid, even if one party retracts from the agreement or violates a part of it, and the other party effects a loss by the retraction or violation. The contract shall be considered void only by mutual agreement, Griffon Court decision, , or the terms of the contract are considered unfavorable in court.
IX. On the Rights of Women and Children:
1. Women are allowed to seek education, run business, initiate divorce, claim inheritance, utilize her dowry, live alone, and pursue fields of their choice without obstruction. They may also hold offices of importance and participate in the political process.
2. A woman may wander alone without being suspect of wrongdoing, and she may also seek escorts if such is her choice. She may run her family's matters, be full party to the rights and responsibility of the laws and legal process.
3. A woman may be in service of the military, with full party to the rights and responsibility therein.
4. A mother may make and void contracts in the absence of male family members in; law, business, matrimony, and the particulars in arranged marriages.
5. A woman may be called upon as a witness, and she, like a man, is subject to uphold and obey the laws as she can also be seen as a criminal in every light.
6. If a woman pleads her belly in a legal matter against her, she must be examined. If she is found to be with child, she shall be given proper care and upon birth, if the woman is to be convicted, the child will be given to a nurse to be cared for.
7. A child shall have full protection and nurturing of the government in absence of family members or guardians. Places established for the care and shelter of children shall clothe, feed, and offer education to become productive society members.
8. In legal matters were a child is called up on charges, the proceedings shall take place in closed chambers with only the petitioners on each side of the case, overheard by the Duke, Duchess or a trusted member of appointment.
9. Children will not be imprisoned with the common criminal populace nor put to death.
X. On Matters of Adulthood, Courtship/Marriage, and Contractual Matters Therein:
1. At age 16, all arranged marriages on the island and contractual agreements made in youth will be reviewed so that the newly recognized adults enter not into situation with duress.
2. In the event of objection to a marriage or a contract after the terms have taken place, the agreement will remain in effect unless the Duke and Duchess deem otherwise, so it is with grave seriousness to make all arrangements in ultimate consideration for their ends.
3. All marriages and courtships should be sent to the Lord and Lady by form of letter to be made of notice or by audience. All pairings will be recognized unless serious reason to object is brought to light by either party.
4. Divorce will be granted upon request with statement of reason, assurance no resolution can be reached, and property divided accordingly.
5. All children, born within or out of wedlock, can claim inheritance and are to be treated as their siblings no matter if parents are alive, dead, or have remarried.
XI. Marriage.
People of Skye and her Realms are bound together in lawful matrimony when they are united according to law, the males having attained the age of puberty, and the females a marriageable age.
1. We may not marry every woman without distinction; for with some, marriage is forbidden. Marriage cannot be contracted between persons standing to each other in the relation of ascendant and descendant, as between a father and daughter, a grandfather and his granddaughter, a mother and her son, a grandmother and her grandson; and so on, ad infinitum. And, if such persons unite together, they only contract a criminal and incestuous marriage; so much so, that ascendants and descendants, who are only so by adoption, cannot intermarry; and even after the adoption is dissolved, the prohibition remains. You cannot, therefore, marry a woman who has been either your daughter or granddaughter by adoption, although you may have emancipated her.
2. There are also restrictions, though not so extensive, on marriage between collateral relations. A brother and sister are forbidden to marry, whether they are the children of the same father and mother, or of one of the two only. And, if a woman becomes your sister by adoption, you certainly cannot marry; but, if the adoption is destroyed by emancipation, you may marry her; as you may also, if you yourself are emancipated. Hence it follows, that if a man would adopt his son-in-law, he ought first to emancipate his daughter; and if he would adopt his daughter-in-law, he ought previously to emancipate his son.
3. A man may not marry the daughter of a brother, or a sister, nor the granddaughter, although she is in the fourth degree. For when we may not marry the daughter of any person, neither may we marry the granddaughter. But there does not appear to be any impediment to marrying the daughter of a woman whom your father has adopted; for she is no relation to you, either by natural or civil law.
4. The children of two brothers or two sisters, or of a brother and sister, may marry together.
5. So, too, a man may not marry his paternal aunt, even though she be so only by adoption; nor his maternal aunt; because they are regarded in the light of ascendants. For the same reason, no person may marry his great-aunt, either paternal or maternal.
6. There are, too, other marriages from which we must abstain, from regard to the ties created by marriage; for example, a man may not marry his wife's daughter, or his son's wife, for they are both in the place of daughters to him; and this must be understood to mean those who have been our stepdaughters or daughters-in-law; for if a woman is still your daughter-in-law, that is if she is still married to your son, you cannot marry her for another reason, as she cannot be the wife of two persons at once. And if your step-daughter, that is, if her mother is still married to you, you cannot marry her, because a person cannot have two wives at the same time.
7. Again, a man is forbidden to marry his wife's mother, and his father's wife, because they hold the place of mothers to him; a prohibition which can only operate when the affinity is dissolved; for if your step-mother is still your step-mother, that is, if she is still married to your father, she would be prohibited from marrying you by the common rule of law, which forbids a woman to have two husbands at the same time. So if your wife's mother is still your wife's mother, that is, if her daughter is still married to you, you cannot marry her, because you cannot have two wives at the same time.
8. The son of a husband by a former wife, and the daughter of a wife by a former husband, or the daughter of a husband by a former wife, and the son of a wife by a former husband, may lawfully contract marriage, even though they have a brother or sister born of the second marriage.
9. The daughter of a divorced wife by a second husband is not your step-daughter; and yet Julian says we ought to abstain from such a marriage. For the betrothed wife of a son is not your daughter-in-law; nor your betrothed wife your son's step-mother; and yet it is more decent and more in accordance with law to abstain from such marriage.
10. It is certain that the relationship of slaves is an impediment to marriage, even if the father and daughter or brother and sister, as the case may be, have been enfranchised.
11. There are other persons also, between whom marriage is prohibited for different reasons, which we have permitted to be enumerated in the books of the Digests collected from the old law.
12. If persons unite themselves in contravention of the rules thus laid down, there is no husband or wife, no nuptials, no marriage, nor marriage portion, and the children born in such a connection are not in the power of the father. For, with regard to the power of a father, they are in the position of children conceived in prostitution, who are looked upon as having no father, because it is uncertain who he is; and are therefore called sporadan, meaning "at hazard," or as being sine patre, without a father. On the dissolution of such a connection there can be no claim made for the demand of a marriage portion. Persons who contract prohibited marriages are liable also to further penalties set forth in the Griffon decrees.
XII. Adoption.
1. Adoption takes place in two ways, either by Griffon decree, or by the authority of the Church and annotated in a magistrate registry. The Griffon decree gives power to adopt persons of either sex, adopting persons in the power of an ascendant, whether in the first degree, as sons and daughters, or in an inferior degree, as grandchildren or great-grandchildren. No child shall be given to adoption unless agreed by both Mother and Father, unless one is dead.
2. If a natural father and/or Mother should give his child in adoption, the rights of the child become power of the adoptive father, strengthened by the legal bond of adoption, is preserved undiminished, so that the adopted child is not only in the family, but in the power of his/her adoptive father. The Natural father and /or mother thereby gives all rights to child to the Adoptive father.
3. A younger person cannot adopt an older; for adoption imitates nature; and it seems unnatural that a son should be older than his father. Anyone, therefore, who wishes either to adopt a child should be the elder by the term of complete puberty, that is, by eighteen years.
4. Women can petition to the Griffon to adopt; but it should be noted that they should be self-sufficient and able to properly care for the child or children.
XIII. Divisions of Things.
1. All rivers and ports are public; hence the right of fishing in a port, or in rivers, is common to all men.
2. Things sacred, religious, and holy belong to no one; for that which is subject to divine law is not the property of any one.
3. The walls and gates of a city, are to a certain degree subject to Griffon law, and therefore are not part of the property of any one. The walls of a city are said to be part of the Duchy, inasmuch as any offence against them is punished capitally; so, too, those parts of laws by which punishments are established against transgressors, we term sanctions.
4. When one man has made anything with materials belonging to another, ought to be considered the proprietor, at which case the rudimentary materials should have been purchased by some means. If the rudimentary materials were stolen, or confiscated, then the proprietor is the man who owned the materials in the first instance. For instance, a person has made wine, oil, or wheat from the grapes, olives, or ears of corn belonging to another; has cast a vessel out of gold, silver, or brass, belonging to another; has made mead with another man's wine and honey; has composed a plaster, or eye-salve, with another man's medicaments; has made a garment with another man's wool; or a ship, or a bench, with another man's timber.
5. If a man builds upon his own ground with the materials of another, and the material is duly purchased, he is considered the proprietor of the building, because everything built on the soil accedes to it. By if the materials were stolen, or obtained by illegal means, then the owner of the materials may seek due compensation.
6. If any person has purchased land from another, whom he believed to be the true owner, when in fact he was not, or has acquired it from such person by gift or by other good title, natural reason demands that the fruits which he has gathered shall be his in return for his care and culture. And, therefore, if the real owner afterwards appears and claims his land, he can seek reclamation thru appeal to the Griffon Court.
7. But things sold and delivered are not acquired by the buyer until he has paid the seller the price, or satisfied him in some way or other, as by procuring some one to be security, or by giving a pledge. But if the seller has accepted the credit of the buyer, the thing then becomes immediately the property of the buyer. It is immaterial whether the owner deliver the thing himself, or some one else by his desire. Hence, if any one is instructed by an owner with the uncontrolled administration of all his goods, and he sells and delivers anything which is a part of these goods, he passes the property in it to the person who receives the thing.
8. It is with respect to things thrown overboard in a storm, to lighten a vessel; for they remain the property of their owners; as it is evident that they were not thrown away through a wish to get rid of them, but that their owners and the ship itself might more easily escape the dangers of the sea. Hence, anyone who, with a view to profit himself by these, takes them away when washed on shore, or found at sea, is guilty of theft. And much the same may be said as to things which drop from a carriage in motion without the knowledge of their owners.
XIV. The Making of Wills.
The word testament testifies the determination of the mind.
1. That nothing belonging to antiquity may be altogether unknown, it is necessary to observe, that formerly there were two kinds of testaments in use: the one was employed in times of peace; the other was employed at the moment of setting out in battle.
2. But when the progress of society and the Griffon Decree established that the testament should be made all at one time, in the presence of three witnesses and with their seals appended, according to the edict of the Griffon. The witnesses, and their presence at one continuous time for the purpose of giving the testament the requisite formality.
3. To all these formalities we have enacted by Griffon Decree, as an additional security for the genuineness of testaments, and to prevent fraud, that the name of the heir shall be written in the handwriting either of the testator or of the witnesses; and that everything shall be done according to the tenor of that Griffon Decree.
4. All the witnesses shall seal the testament with their seal, sign, or mark it as their own sort of seal.
5. Those persons can be witnesses with whom there is a legal capacity. Persons under the age of puberty, slaves, madmen, incapacitated persons, prodigals restrained from having their property in their power, and persons declared by law to be worthless and incompetent to witness, cannot be witnesses.
6. A witness, who was thought to be free at the time of making the testament, was afterwards discovered to be a slave, and the Griffon Decree, declared, that they would aid such a defect in a testament, so that it should be considered as valid as if made quite regularly; since, at the time when the testament was sealed, this witness was commonly considered a free person, and there was no one to contest his status.
7. Any person may execute any number of duplicates of the same testament, each, however, being made with prescribed forms. This may be sometimes necessary; as, for instance, when a man who is going on a voyage is desirous to carry with him, and also to leave at home, a memorial of his last wishes; or for any other of the numberless reasons that may arise from the various necessities of mankind.
8. Thus much may suffice concerning written testaments. But if any one wishes to make a testament, valid by the civil law, without writing, he may do so, in the presence of seven witnesses, verbally declaring his wishes, and this will be a testament perfectly valid according to the civil law, and confirmed by Griffon Decree.
XV. Intestate Succession.
A person dies intestate, without a Last Will and Testament, who either has made no testament at all, or has made one not legally valid; or if the testament he has made is revoked, or made useless; or if no one becomes heir under it.
1. The inheritances of intestates, by the law, belong in the first place to the direct descendents in equal shares.
2. And, at the death of the deceased, the direct descendents does not make any difference whether these children are natural or adopted.
3. The rights of adoptive children are therefore no less than those of natural children, who, even after emancipation, retain the rank of children by the indulgence of Griffon Decree.
4. The ancient law, favoring descendants from males, maternal or paternal. But the Griffon would not suffer such a violence against nature to continue without an adequate alteration; and, inasmuch as the name of the children is common, as well to descendants by females as by males, they gave all the same right and order of succession.
XVI. Obligations.
An obligation is a tie of law, which binds us, according to the rules of our civil law, to render something. The principal division of obligations is into two kinds, civil and of the Griffon. Civil obligations are those constituted by the laws, or, at least, recognized by the civil law. Of the Griffon obligations are those which of the Crown has established by his own authority; they are also called honorary.
XVII. Obligations Arising From Illegal Activities.
1. Theft is the fraudulent dealing with a thing itself, with its use, or its possession; an act which is prohibited by law.
2. When a thing stolen has been sought and found in the presence of witnesses in any one's house; for although this person may not be the actual thief, he is liable to a special action and may be considered an accomplice. A person may be liable to an action of theft, although he has not himself committed a theft.
3. The penalty for theft is quadruple the value of the thing stolen.
4. A person, however, who borrows a thing, and applies it to a purpose other than that for which it was lent, commits theft.
5. Sometimes there may be a theft of persons, as if one of our children is carried away. This crime is punishable as deemed appropriate to the Griffon Court.
6. Goods Taken by Force – Robbery - A person who takes a thing belonging to another by force is liable to an action. This action can only be brought against a person who robs with the intention of committing a willful wrong. The penalty for theft is quadruple the value of the things lost in the robbery; unless a life is lost then the charge will be murder, a capital offense.
7. This provides for every kind of damage; and therefore, if a four-footed beast, of those reckoned among cattle, is wounded, or a four-footed beast of those not reckoned among cattle, as a dog or wild beast, is wounded or killed, an action of compensation may be brought under this rule.
XVIII. Unions of Sexes
In unions of the sexes, it should always be considered not only what is legal,
but also what is decent.
1. It is understood that disgrace attaches to those women who live unchastely, and earn money by prostitution, even if they do not do so openly. If a woman should live in a legal state of sexual domestic partnership without official "marriage" with someone, she does not possess the virtue of the mother of a family
2. We hold that a woman openly practices prostitution, not only where she does so in a house of ill-fame, but also if she is accustomed to do this in taverns, or in other places where she manifests no regard for her modesty.
3. A woman publicly prostitutes herself without doing so for money, she should be classed as a harlot.
4. Where one woman conducts a tavern, and keeps others in it who prostitute themselves, as many are accustomed to do under the pretext of a employing women for the service of the house; it must be said that they are included in the class of procuresses.
5. Where a woman is living in concubinage with her patron, she can leave him without his consent, and unite with another man, either in matrimony or in concubinage as there is no legal bounds holding her to the patron.
(a) Women who are not disgraced by such a connection can remain in concubinage without the fear of committing a crime.
(b) If a woman has lived in concubinage with her patron, and then maintains the same relation with his son or grandson, she is acting improperly, not illegally, because a connection of this kind closely approaches one that is infamous, and therefore such scandalous conduct should be prohibited.
(c) It is clear that anyone can keep a concubine of any age unless she is less than sixteen years old.
(d) Adultery is not committed by a party who lives with a concubine because concubinage obtains its name from the law, and does not involve a legal penalty.
6. The Law on Adultery now declares that wives do have right to bring criminal accusations for adultery against their husbands, even though they may desire to complain of the violation of the marriage vow; though it is difficult to prosecute a husband for adultery or fornication.
JUSTICE
Concerning Murder, Crimes Against the Crown, Treason, or Brigandage
1. If anyone shall have killed another human being in any other venue other than war, and found guilty of Murder, Crimes Against the Crown, Acts of Treason, associated with Acts of Treason, or Brigandage, by a court of the Lord of the Isles, then be sentenced as deemed appropriate according to the severity and consequences of death by the Lord of the Isles. Crown appropriate sentences range from time in the dungeon to Capital punishments such as beheading, hanging the neck until dead in the Public Square, or imprisoned in the dungeon for life.
Concerning the Crimes Against Children and Women
1. If any one have slain a boy under 12 years - up to the end of the twelfth-and it shall have been proved on him, he shall be sentenced to 60 gold-Griffons.
2. If any one have hit a free woman who is pregnant, and she or the baby dies, he shall be sentenced to that equal to Murder…
3. If anyone commits to hit a woman and After, she can have no more children, he who hits her shall be sentenced to 20 gold-Griffons. This does not hold true to prostitutes.
4. If any one, man or woman, shall have called a woman harlot, and a not have been able to prove it, he shall be sentenced to 45 silver-Griffons.
Sexual Crimes
1. Committing Rape Those who have been charged for committing rape shall have the right to have the accuser appear before the accused, and an Authority to carry out sentencing and have fair word of innocence and proof thereof. But is found guilty of said rape, the sentence is 6 months in the dungeon and restitution of 100 gold-Griffons to the Guardian of the woman. But if the girl who is raped, be under the Crown's protection, the sentence shall be 1 year in the dungeon and double the amount of restitution.
2. A married man or woman, who commits adultery shall pay a fine of 15 silver-Griffons and be given reason for a divorce.
3. A person who has carnal knowledge of a nun shall, upon the footing that he is debauching the Church of God, shall be banned from the Church and restitution of 10 gold-griffons paid to the Church; because he committed wicked adultery with her who belonged to the Church; and she on her side shall be excommunicated from the Church.
6. Persons knowingly committing incest, parents and children, children and parents, brothers and sisters, shall be punished capitally with the sword. Those in other relationships who corrupt one another carnally, that is father and daughter-in-law, son and stepmother, father-in-law and daughter-in-law, brother and his brother's wife, uncle and niece, nephew and aunt, shall have their noses slit. ???????
7. If a woman is carnally known and, becoming pregnant, tries to produce a miscarriage [abortion], she shall be whipped and exiled after the child is born. If the child is carried to term and lives, then the child shall be placed in an orphanage and opted for adoption.
Concerning Assault and Robbery
If any one have assaulted and plundered a person, and it be proved on him, he shall be sentenced to the stocks for 2 weeks and a restitution of 10 times the amount plundered or 65 silver griffons, which ever is greater.
Concerning Thefts or Housebreakings
If any person steals, and is found guilty, then the sentence shall be 30 days in the dungeon and restitution of five times what was stolen.
Concerning Thefts of Livestock
1. If a man steals a horse, whether destrier or plowhorse, he shall be sentenced to two months in the dungeon and restitution of the horse and lost advantages.
2. If any one steals that bull which rules the herd and never has been yoked, he shall be sentenced to 45 silver-Griffons. But if that bull is used for the cows of three villages in common, he who stole him shall be sentenced to three times 45 silver-Griffons.
3. If any one steal a bull belonging to the Crown, he shall be sentenced to 85 silver-Griffons and one month in the dungeon.
Hereby it is so decreed.
Given by our hand in the Griffon Castle, on the 7th day of May in the first year of our reign 1328.