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Post by King Adam Aberdeen I on Apr 28, 2008 13:22:17 GMT -6
“Lords, Ladies, we have reached an accord.” Those were the words of English King on the last day of the European summit after the expansion of the Isles of Skye had been announced. The negotiations had intensified during the Aberdeen reign which had paved the way for three new membered alliances with Skye – The Isles as a whole, the Highland Kingdom of Scotland, and the isle of Avaria. This expansion closed one of the first chapters in the story of a Gaelic Renaissance.
Europe was and had been a fragmented continent of warring states that fought for power and the scraps the decline of the Roman Empire had left behind. Europe was a continent of kingdoms and principalities, where local magnates held power – or at least the power that mattered.
The Church was very powerful at this moment and its influence was spreading like a dominant culture that spreads into adjacent territories and thereafter dominates them. European aristocrats sent their children away to foreign states in order to place them in positions of power, either by marriage and political ingenuity or by military might.
The peoples of continental Europe had the similar mentalities regarding many things, one being talk about unification, the names that were given to newborn children, and the universities, which the church held power over. People, mostly from the aristocracy and the upper class, became obsessed with education and wanted to learn more.
It was these calamities that Skye and their leaders catapulted Skye over. Adam and Bess manuvered Skye around the obstacles most countries floundered over.
Some of the notions that Adam and Bess Aberdeen courted and eventually would be formulated into law of the land.
- 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 others affairs.
- 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, and in exceptional cases by the Griffon or an appointed representative if they believe that an extreme breech of the law has been done.
- There shall be no law abridging the freedom of speech and to petition the Crown for a redress of grievances.
- 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.
- 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.
- 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.
- No private property shall be taken for public use, without just compensation.
- 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.
- No person shall be subject for the same offense 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.
- 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.
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Post by King Adam Aberdeen I on May 19, 2008 18:45:59 GMT -6
On Seeking Refuge and Citizenship:
All who to the ruling house with respect shall be granted citizenship on the Isle of Skye and all the islands of the western Scottish coast should they choose to exercise it.
Let it be known that:
The Territories of Skye and all the islands in the holding of the Lord and Lady, 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 permissable. Keeping slaves is not permissable, and those slaves who claim refuge shall be deemed as free individuals.
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.
On Pursuit of Life, Sustainability, and Trade:
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.
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.
Citizens of all classes have a right to defend themselves from harm at all times.
Citizens of all classes have the right of assembly, and shall enjoy the freedom to speak freely and openly without redress.
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.
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.
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.
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.
On Common Law Matters:
All citizens must uphold the laws of the realm. One is not free of these laws do to sex, social, or religious class.
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. 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.
The law shall be divided in two: Low Justice and High Justice
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".
High Justice: Murder, rape, treason, crimes against crown officials or other nobility, 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 livlihood 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 Griffin Court or in Blue Castle.
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 Griffin present to make note of the proceedings. No faith body may enact a punishment of bodily harm in extremes or death. 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 tantamount to low justice living on their land with clear, sound judgment as befits them when representing the law, with all decisions brought before the Lord and Lady to review.
The Lord Marshall, The Chief Baliff, and those in their service have the right to make arrests with the authority vested in them by the Dutchy 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
The Law of Sanctuary, wherein one may claim sanctuary in a church or other place of faith, can be revoked by law with the presentation of a warrant calling for the arrest of a suspected person or persons. the need to question, and the need to search. 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.
People may seek representation from a person of upstanding character should they need it when appealing cases on their behalf, with no person tried for the same crime scenario twice.
One may take an "affair of the manor" judgment to the Lord and Lady to be appealed, but be advised the ruling landowner's judgment will not be overturned without proper reason or evidence to do so. In the case that the judgment of the landowner
All people suspected of wrongdoing 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. Minor offense is punished according to the type of crime; serious offenses such as murder, rape, and treason 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.
Implements of torthure such as the rack, iron maidens, spikes, and other such devious instruments of design are not 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.
Of Military Matters:
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.
The armed retainers of each clan or noble estate can be called upon in times of war to defend the interest of the island.
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.
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.
The Griffin 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.
On Matters of Adulthood, Courtship/Marriage, and Contractual Matters Therein:
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.
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.
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. Divorce will be granted upon request with statement of reason, assurance no resolution can be reached, and property divided accordingly.
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.
On Contracts of Land, Sale, or other such Contracts
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.
A contract may be made by word by two persons, but requires a third to act as witness to uphold it.
A contract made by letters is one written by hand, signed, and baring some mark of a personal seal.
Contractual disputes may be settled by residing landowners, between two parties, or by representatives of the Griffin Court.
A contract may be considered void if one party retracts from the agreement, violates a part of it, or the terms of the contract are considered unfavorable in court.
On the Rights of Women and Children:
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.
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.
A woman may be in service of the military, with full party to the rights and responsibility therein.
A mother may make and void contracts in the absence of male family members in; law, business, matrimony, and the particulars in arranged marriages.
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.
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.
A child shall have full protection and nuturing 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.
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. Children will not be imprisoned with the common criminal populace nor put to death.
Hereby it is so decreed.
Lord Adam Aberdeen, Lord of the Isles, Griffon of Scotland
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