by Max Barry

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4

Courts and Judges of Great Nortend.

The court hierarchy of Great Nortend is highly complex, with numerous courts specialising in certain areas, with certain jurisdiction, or with certain types of law. The Courts of the Realm are structured according to the chart on the left.

The Court of the King-in-Council
The Court of the King-in-Council hears appeals as the supreme court of Great Nortend from the Court of Lords and the colonies. It only rarely convenes. The presiding judge is His Majesty the King sitting on the throne in the Throne Room of the Palace of St. Michael'sgate. The Court hears appeals from the Court of the Noble Lords, as well as cases at the first instance involving the Royal Family and has effectively unlimited sentencing power by as sentences are effectively Orders-in-Council. The King is addressed as Your Majesty in the first instance and as Sire thereafter. No barristers are permitted right of audience.

The Court of the Noble Lords
The Court of the Noble Lords is the exercise of the judicial functions of the Houses of Lords. It hears criminal cases at the first instance involving peers, bishops and certain abbots and abbesses and has appellate jurisdiction over the Courts of the Ermine Office, Appeal and Heraldry. It sits in the chamber of the Houses of Lords, being the Great Chapel of St Giles, and is presided over by or more Lords Judicial. The Chief Justice is the Lord High Chancellour. The judicial robes of the Lord High Chancellour (I), and of the Lords Judicial (II) are shewn, with winter, summer and Lent/Advent robes from left to right in the latter case. Judges are addressed as My Lord or Your Grace in the case of a Duke. Only Serjeants-at-Law have right of audience on common law cases, and Advocates in canon law cases.

The Court of Appeal
The Court of Appeal sits in a chamber painted a striking scarlet colour, with gold-leaf decorations. It is a senior court where Privy Counsellours sit as judges, as well as Lords Judicial, the Master of the King's Pleas and the Chief Justices of the Common Bench. It has appellate jurisdiction over the Courts of the King's Chamber, Common Bench, Archbishops and Chancellour, as well as over the Court of Admiralty. It hears appeals from the Archbishop's Court only on matters of faculties, licences, probate and matrimonial affairs.

The judicial robes of the Privy Counsellours are shewn to the right, with winter and summer robes from left to right. The Court of Appeal only sits on the inter-quarter days and thus never during Lent or Advent and thus does not have Lenten or Advent robes. The judges are addressed as for their other role. Only Serjeants-at-Law have right of audience on common law cases, and Advocates in canon law cases.

The Court of the Ermine Office
The Court of the Ermine Office is a senior court which has original jurisdiction over all crimes commited in Royal palaces, residences and castles and within the Towers of Lendert. It also hears appeals from the Bishop's Consistories regarding crimes committed on church land. It is presided over by the Lord Chamberlain who wears robes similar to that of the Lord High Chancellour. The Court sits in the eponymous Ermine Office. The Lord Chamberlain is addressed as My Lord. Only Serjeants-at-Law have right of audience.

The Court of the Marsichal and Constable
The Court of the Marsichal and Constable is a minor court dealing with heraldic and chivalric matters. It typically deals with cases involving unauthorised use of arms, assumption of arms and arms disputes. It also deals with cases involving the Royal College of Heralds, chivalric orders and knights. It has appellate jurisdiction over matters of law from Courts Martial. The presiding judge is the King's Marsichal and Lord Constable who wear robes similar to a Lord Judicial's (II), albeit with a bicorn similar in fashion to the Lord High Chancellour's tricorn. He are addressed as My Lord. Only Serjeants-at-Law have right of audience.

Courts Martial
Courts Martial are ad hoc courts convened for the trial of ratings, soldiers and officers charged with offences under military law. There are two types of court martial: general and common.

General courts martial are formal affairs held by a commanding officer with twelve officers present. The presiding judge is a judge-advocate, who must be a Serjeant-at-Law. He is required to both be counsel for the prosecution, determine points of law as well as deliberate with the board on sentencing. Only general courts martial can pass a death sentence or try an officer. All members of the court are sworn, and a full written transcript is kept, and the sentence must be first sent to the King, as commander-in-chief, and the Judge-Advocate General for confirmation, before being promulgated.

Common courts martial are convened by commanding officers and at least four other officers, typically a captain and his lietenants. The presiding judge is the commanding officer. Common courts martial can only try soldiers below warrant officer rank or ratings below mate and cannot sentence them to death. Common courts martial have no legal force however given their sentences are more lenient than general courts martial, most are inclined to not appeal.

The Court of the King's Chamber
The Court of the King's Chamber hears all criminal cases involving the Crown that have been sent through to it by indictment from lower courts. It has unlimited criminal jurisdiction however is unable to hear civil cases. The Court also has appellate jurisdiction over criminal cases from the Assizes, the Quarter Courts and the Petty Sessions. The Court sits in the Castle of Lerdenstone in the King's Chamber.

The judicial robes of the puisne judges of the King's Chamber (IV) include a tippet, jabot, gown, full-bottomed wig, girdle, hosen, buckled court shoes and a triangular black cap which is worn when passing a sentence of death. In winter, the main cloth is crimson red with ermine lining. In summer and on certain saints' days, the cloth is scarlet with grey silk lining. During the seasons of Lent and Advent, inside the Easter and Epiphany quarters, the cloth is a violet blue with rabbit-fur lining. The Master of the King's Pleas wears similar robes albeit with a mantle (III). Judges are addressed as My Lord. Only King's Counsel and Serjeants-at-Law have rights of audience.

The Court of the Common Bench
The Court of the Common Bench hears civil cases between commoners, as opposed to those involving nobility or the Royal Family, which are heard in the Court of the Noble Lords and the Court of the King-in-Council respectively. It hears civil appeals from the Quarter Sessions and the Assizes and can apply remedies of petition.

Only Serjeants-at-Law have rights of audience at the Common Bench. As a civil court does not impose the death penalty, the dress of the judges does not include the black cap (V). It includes a black tippet in lieu of the red tippet of criminal courts as well as bands rather than a jabot but otherwise is identical. The head of the Common Bench is known as the Chief Justice. The Court sits in the Castle of Lerdenstone. Judges are addressed as My Lord. Only Serjeants-at-Law have right of audience.

The Court of the Assizes
The Court of the Assizes is a travelling circuit court of justices from the Common Bench and the King's Chamber. There are six 'circuits' around different regions of the country. As travelling to Lendert for trial at the aforementioned courts is typically too expensive or inconvenient, cases sent up from the Quarter Sessions or Petty Sessions can be heard in the periodic Assizes at the local county town rather than in the capital. Afterwards, the cases could be reheard in the respective courts in Lendert or appealed to the Scarlet Chamber. The Assizes hear both civil and criminal cases, wherein it can apply both legal remedies and remedies of petition (equitable remedies). Civil cases are mainly restricted to cases relating to real property or those involving more than £600 whilst they hear all kinds of felonies. Judges wear a gown in scarlet, crimson or blue depending on the season, and a black scarf if a civil case or a red sash if criminal (VII). On ceremonial occasions and certain red-letter days, the tippet is worn instead, as for in the King's Chamber and the Common Bench (VI and V). Judges are addressed as My Lord.

The Court of Admiralty
The Court of Admiralty is a specialty court having jurisdiction of crimes committed on the seas. It is administered by the Lord High Admiral who recommends judges to the King. Judges are nearly always justices of the King's Chamber.

The Court of Quarter Sessions
The Court of Quarter Sessions is the main intermediate civil court of Great Nortend with one court in every county's county town (as well as in some special divisions). They sit on the four quarter days of the year at the county town and can hear most civil cases over most causes of action with a value of less than £100. The Quarter Sessions have limited criminal jurisdiction, being limited to appeals from the Petty Sessions and at the first instance, misdemeanours and some felonies excluding high treason, petty treason, forstall, murder, manslaughter, larceny of a large sum, counterfeiting, high arson, fraud, and rape. As the Quarter Sessions only sit for a few weeks four times a year, the Court of the Assize more often hears criminal cases if they arrive at a town before the Quarter Sessions are due to sit.

The judicial robes of the Quarter Sessions are the same as in the Assizes (IV and V) however the tippet is very rarely worn. Judges that sit in the Quarter Sessions include the Recorder and several puisne judges. It is common for Serjeants-at-Law to serve as Masters, being temporary judges, wearing robes as in the petty sessions (VII). They are addressed as Your Honour.

The Court of Petty Sessions
The Court of Petty Sessions is an inferior court hearing civil and criminal cases. It has criminal jurisdiction over infractions and petty misdemeanours and civil jurisdiction over those cases involving sums of less than £30. More serious cases are first heard in the Petty Sessions before being indicted in the case of criminal felonies to the Assizes, or to the Quarter Sessions or Common Bench for civil cases. The Court is presided over by either one single stipendiary magistrate or by a bench of two or three justices of the peace, and hold jurisdiction over a hundred or a borough (in which case they also have jurisdiction over that which a manor court would have jurisdiction over in a rural manor). The robes and attire of a stipendiary magistrate (VII) include a simple magistrate's gown, bands, a bench wig, bar jacket and striped trousers. A black cape is worn in the winter-time. Justices of the peace wear academic dress with bands or a magistrate's gown over an ordinary suit with bands. Magistrates and justices of the peace are addressed as Your Worship.

The Court of Cross Sessions
The Court of Cross Sessions is a specialised court involving trade disputes at a market town's market. It is traditionally convened during a market at the market cross, hence the name, presided over by two justices of the peace. It has a criminal jurisdiction over such things as false advertising, unauthorised weights or measures, poisonous goods, theft and illegal sales, as well as some civil jurisdiction.

The Coroner's Court
The Coroner's Court is a court set up for inquests. The coroner typically must be a barrister or serjeant-at-law and is appointed by the King for each county and formally is responsible for the King's property. Thus, a coroner's jurisdiction is over dead bodies, swans, martens and treasure troves. Various other officers of the Crown can also act as a coroner ex officio in certain cases. Coroners wear the appropriate gowns of their position. There is no appeal from a coroner's court except by a writ of habeas corpus ad iudicandum rursus to the Court of the Noble Lords.

The Chancellour's Court
The Chancellour's Court is an ecclesiastical court of equity. It has appellate jurisdiction over appeals from the Archbishop's Court regarding the church's glebe and manse, as well as regarding frankalmoign and matters not relating to secular parish vestry affairs. The presiding judge is the Lord High Chancellour as part of the ecclesiastical role of administrator of church lands and funds.

The Archbishop's Court
The Archbishop’s Court is a senior ecclesiastical court. It hears appeals from the Consistories regarding faculties, licences, probate and matrimonial affairs, as well as doctrinal matters relating to clergy. It also hears appeals from the archdeacon’s court not involving doctrinal matters such as relating to parochial bylaws. There are three such Courts, each presided over by the relevant archbishop. It has original jurisdiction for civil cases involving archdeacons, as well as any canons or regarding the cathedral or diocese itself. The Courts are named the Chapter Court of the Archbishop of Sulthey, the Archbishop of Rhise's Court for the eponymous archbishop, and the Court of the Dark Cloister for the Archbishop of Limmes. The Chapter Court also has original jurisdiction over cases involving the church-at-large. Only advocates have rights of audience.

The Archdeacon's Court
The Archdeacon’s Court has lost most of its jurisdiction since the creation of the Petty Sessions. It however, continues to hears minor criminal cases involving clergy. It has appellate jurisdiction over Manor Court hearings regarding the election of churchwardens, glebe land, manse, chancel repair, and other ecclesiastical matters, as well as appeals over bylaws constituted under customary law. It is presided over by the Archdeacon relevant, or now, normally a delegate. Only advocates have rights of audience in canon law cases.

The Manor Court
A minor court convened per parish to deal with sundry vestry and parish matters. It has civil jurisdiction over petty matters such as bylaws, the repair of roads, local rates, curfews, services, parish property, planning, glebe lands, the manse, chancel repair liability and election of churchwardens. It also has jurisdiction over matters between the Lord of the Manor and his unfree tenants, typically by villeinage, involving issues such as leave to marry. It is presided over by the parish ordinary and the Steward of the Manor, and must be convened at least four times a year. Villeins are compelled to attend every sitting of the manor court unless granted leave. The court jury is composed of six villeins of the manor for cases involving them, or otherwise the parishioners of the age of majority.

The Bishop's Consistory
The Consistories are diocesan courts that apply ecclesiastical canon law. The constitories hear cases regarding licences, probate, faculties, divorce, annulment and crimes committed on church-owned land and those committed by clergymen, as well as doctrinal matters for archdeacons. It also hears certain appeals from the Archdeacon's Court relating to canonical matters. It is presided over by the diocesan bishop in the Chapter House with a jury of the canons of the cathedral. Only advocates have rights of audience.

The Kingdom of Great Nortend

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