Difference between revisions of "Laws and justice of the Seven Kingdoms"

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{{Stub|Needs to be rewritten and flow improved, to avoid it looking like a huge list of facts, for reference see [http://www.westeros.org/Citadel/Concordance/Section/2.3.1./ Concordance]}}<hr>
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{{Stub|Needs to be rewritten and flow improved, also westeros/Essos separated, for reference see [http://www.westeros.org/Citadel/Concordance/Section/2.3.1./ Concordance]}}<hr>
  
 
Although Westeros has [[Master of Laws]], which suggest Statutory law, it largely dicatated by the westerosy [[Feudalism|Feudal System]] where there law depends largely on the social class you belong, unlike the highborn who cannot be denied trials under the law.{{Ref|aGoT|38}} baseborn have few rights under the law, when it comes to claims.{{Ref|aGoT|30}} It has little todo with justice, and more with each regional lord trying the peace as best they can in their lands.
 
Although Westeros has [[Master of Laws]], which suggest Statutory law, it largely dicatated by the westerosy [[Feudalism|Feudal System]] where there law depends largely on the social class you belong, unlike the highborn who cannot be denied trials under the law.{{Ref|aGoT|38}} baseborn have few rights under the law, when it comes to claims.{{Ref|aGoT|30}} It has little todo with justice, and more with each regional lord trying the peace as best they can in their lands.
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“Pit and Gallows”, Described the jurisdiction in criminal cases, in the name of the king’s. lords, minor lords and landed knights have the right to carry out justice, but only Lords are given the right to administer the high justice for capital penalty, of imprisonment (the "pit"), and execute (the “gallows”).<ref>TSS: 127. SSM: 1 </ref>
 
“Pit and Gallows”, Described the jurisdiction in criminal cases, in the name of the king’s. lords, minor lords and landed knights have the right to carry out justice, but only Lords are given the right to administer the high justice for capital penalty, of imprisonment (the "pit"), and execute (the “gallows”).<ref>TSS: 127. SSM: 1 </ref>
  
If the lord is unable to give sentencing it's up to the lord of the great house holding dominion in that area<ref>(THK: 507)</ref> with the king ranked at the top of the chain, being the law.  
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If the lord is unable to give sentencing it's up to the lord of the great house holding dominion in that area<ref>(THK: 507)</ref> with the king ranked at the top of the chain, effectively being the law, followed by the hand.
  
  
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The legal majority for men and women is 16 <ref>(SSM: 1)</ref>
 
The legal majority for men and women is 16 <ref>(SSM: 1)</ref>
  
unlike the baseborn...  highborn are able to produce witnesses and to proceed to cross-examinations... see ned trial details.
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also in some case wisdom might dictate overlooking noblemen excess of exuberance,
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unlike the small folk, highborn are able to produce witnesses and to proceed to cross-examinations... <!-- details from ned trial, judges etc-->
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if the victim was one of the small folk, the crime might be overlooked with only a fine or no punishment at all.
 +
 
  
 
In every event the accused my demand [[Trial by combat]]{{Ref|aGoT|38}} or the less used [[Trial of seven]]. {{Ref|aGoT|47}} or "Taking the black", join the [[Night’s Watch]] an alternative to criminal punishment.{{Ref|aGoT|3}} By taking the black, one’s crimes are forgiven and he is exiled to the wall severing all previous thighs. though this course However women are not allowed to take the black. Also only a knight of the Kingsguard can champion a queen in a trial by battle if she has been accused of treason (IV: 647) <!-- a queen+treason or royal blood+anything-->  
 
In every event the accused my demand [[Trial by combat]]{{Ref|aGoT|38}} or the less used [[Trial of seven]]. {{Ref|aGoT|47}} or "Taking the black", join the [[Night’s Watch]] an alternative to criminal punishment.{{Ref|aGoT|3}} By taking the black, one’s crimes are forgiven and he is exiled to the wall severing all previous thighs. though this course However women are not allowed to take the black. Also only a knight of the Kingsguard can champion a queen in a trial by battle if she has been accused of treason (IV: 647) <!-- a queen+treason or royal blood+anything-->  
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* Iron cages in which criminals are placed to die from exposure and hunger are known as crow cages, due to the crows the dead bodies attract. Being left to die in a crow cage is a particularly harsh death, though lords can vary widely as to what crime merits such punishment (III: 328, 329. TSS: 79)
 
* Iron cages in which criminals are placed to die from exposure and hunger are known as crow cages, due to the crows the dead bodies attract. Being left to die in a crow cage is a particularly harsh death, though lords can vary widely as to what crime merits such punishment (III: 328, 329. TSS: 79)
 
* Mutilation me include cuting off a hand for theft/poaching{{Ref|aGoT|0}}, Slitting a man's nostrils up to having a nail driven through their palm for assault<ref>IV: 207</ref><ref>TSS: 127</ref> and castration for rape.{{Ref|aGoT|13}}
 
* Mutilation me include cuting off a hand for theft/poaching{{Ref|aGoT|0}}, Slitting a man's nostrils up to having a nail driven through their palm for assault<ref>IV: 207</ref><ref>TSS: 127</ref> and castration for rape.{{Ref|aGoT|13}}
 
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* Flogging is common punishment for members of the lower social classes, it's severity determined by both the number of strokes.
 
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* Fines
  
 
== Customs ==
 
== Customs ==
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<!--
 
<!--
 
* The laws of inheritance in Westeros are vague. Outside of Dorne, a man's eldest son is his heir, followed by the next youngest son, and so on. After the sons, most would say that the eldest daughter would inherit but there might be argument from the dead man's brother or a nephew. There are many other questions with murky answers, in particular having to do with the rights of legitimized bastards (SSM: 1)
 
* The laws of inheritance in Westeros are vague. Outside of Dorne, a man's eldest son is his heir, followed by the next youngest son, and so on. After the sons, most would say that the eldest daughter would inherit but there might be argument from the dead man's brother or a nephew. There are many other questions with murky answers, in particular having to do with the rights of legitimized bastards (SSM: 1)
* Dornish law, in part based on the laws and customs of the Rhoynar, allow lands and titles to be passed to the eldest child, regardless of gender (I: 690. SSM: 1)
 
* If a house's succession is uncertain, a related kinsman might well be seen as the best choice to be heir. He would then take the House's name as his own, despite his father being of another house (II: 190)
 
 
-->
 
-->
 
The lordships of Westeros are for the most part hereditary. passing to the next heir in line of succession, in most cases, to the eldest son, followed by the next youngest son, then his daughters and then brothers or their children.  
 
The lordships of Westeros are for the most part hereditary. passing to the next heir in line of succession, in most cases, to the eldest son, followed by the next youngest son, then his daughters and then brothers or their children.  
There are regional variations on this rule. Most notably, in Dorne where it's determined by order of birth, with women having equal rights with men.
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There are regional variations on this rule. Most notably, in Dorne where it's determined by order of birth, with women having equal rights with men.{{Ref|aGoT|62}}
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 +
If a house's succession is uncertain, a related kinsman might well be seen as the best choice to be heir. He would then take the House's name as his own, despite his father being of another house{{Ref|aCoK|17}}
 +
 
 +
So in theory, it's all but impossible for a noble house to become extinct, and with enough digging each line can be traced up to the age of heroes. However, in practice, the sword can be all the hereditary justification, as it was with kings robert and the king can redistribute lands and titles as he see fit.
 +
 
 +
 
 +
Some titles and positions are not hereditary. like Knighthood...
  
===Bastards===
 
See also Bastard names (I dont seem really relevant at this point but who knownsbut he).
 
  
 
===Marriage===
 
===Marriage===
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and Dorne (iirc something with concubines?!) and Rhoynarish costumes.  
 
and Dorne (iirc something with concubines?!) and Rhoynarish costumes.  
  
Marriage ceremonies Septons witness marriages and the exchange of vows for those who follow the Faith, and for those who follow the old gods the heart trees serve the same purpose
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Marriage ceremonies vary greatly but for the most part inlcude three main elements:
 +
Religious, exchange of vows, before the the Septons for followers of the Faith, and heart trees for followers of the old gods. the feast and the bedding.
  
===Hospitality===
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Sometime Witnesses may be called upon to witness the bedding of a newly wedded couple. How far this witness duty goes is uncertain {{Ref|aCoK|33}}
  
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 +
===Fostering===
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Noble boys of about seven or eight are often sent to other noble houses to be raised until they reach the age of majority. The boys serve as pages and squires, acquiring training in arms, law, and courtesy.
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Younger sons of the Great Houses would be bannermen to their elder brother, and hold small keeps in his name.{{Ref|aGoT|5}}
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See Also:
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* [[Bastardy]]
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* [[Guest right|Hospitality & Guest right]]
  
  
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* The Great Council is a rare event which has not been called in a hundred years, and is the gathering of the assembled lords of the kingdom to decide some matter. The last time it was convened, it choose the next king of the Seven Kingdoms, over-riding proper lines of inheritance to give the crown to the youngest son of Maekar I, Aegon V (II: 78, 366. SSM:  
 
* The Great Council is a rare event which has not been called in a hundred years, and is the gathering of the assembled lords of the kingdom to decide some matter. The last time it was convened, it choose the next king of the Seven Kingdoms, over-riding proper lines of inheritance to give the crown to the youngest son of Maekar I, Aegon V (II: 78, 366. SSM:  
  
* Younger sons of the Great Houses would be bannermen to their elder brother, and hold small keeps in his name.{{Ref|aGoT|5}}
+
 
 
* Bills of attainder can be signed by the king to strip lords of their lands and incomes.{{Ref|aSoS|72}}
 
* Bills of attainder can be signed by the king to strip lords of their lands and incomes.{{Ref|aSoS|72}}
 
* If the queen of the Seven Kingdoms were to commit adultery, it would be considered high treason (IV: 577)
 
* If the queen of the Seven Kingdoms were to commit adultery, it would be considered high treason (IV: 577)
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* Not even the High Septon himself can declare a person married if they refuse to say the vows (III: 907)
 
* Not even the High Septon himself can declare a person married if they refuse to say the vows (III: 907)
 
* Marriage contracts can be broken (II: 388)
 
* Marriage contracts can be broken (II: 388)
* Witnesses may be called upon to witness the bedding of a newly wedded couple. How far this witness duty goes is uncertain (II: 384)
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* No one needs to be present for the High Septon to annul the marriage, but at least one of the wedded pair must request the annulment (SSM: 1)
 
* No one needs to be present for the High Septon to annul the marriage, but at least one of the wedded pair must request the annulment (SSM: 1)
  

Revision as of 14:28, 28 September 2011

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This article or section is a stub. You can help "A Wiki Of Ice And Fire" by expanding it and/or improving existing text.
Needs to be rewritten and flow improved, also westeros/Essos separated, for reference see Concordance.

Although Westeros has Master of Laws, which suggest Statutory law, it largely dicatated by the westerosy Feudal System where there law depends largely on the social class you belong, unlike the highborn who cannot be denied trials under the law.[1] baseborn have few rights under the law, when it comes to claims.[2] It has little todo with justice, and more with each regional lord trying the peace as best they can in their lands.

Legal system

In general justice is administered by the lords, as landed knights do not cannot exercise the high justice for capital penalties. However the lords may entrust the task to officers ,named bailiffs on such tasks as local judgements and overseeing hangings.[3] The Lord or his officers, would hold "local court", listens to petitions and accusations and rules based on the evidence, their wisdom and customary law. imposing fines or try, and punish upto "pit and gallows", gibbet, and mutilation.

“Pit and Gallows”, Described the jurisdiction in criminal cases, in the name of the king’s. lords, minor lords and landed knights have the right to carry out justice, but only Lords are given the right to administer the high justice for capital penalty, of imprisonment (the "pit"), and execute (the “gallows”).[4]

If the lord is unable to give sentencing it's up to the lord of the great house holding dominion in that area[5] with the king ranked at the top of the chain, effectively being the law, followed by the hand.


Legal proceeding

The legal majority for men and women is 16 [6]


unlike the small folk, highborn are able to produce witnesses and to proceed to cross-examinations... if the victim was one of the small folk, the crime might be overlooked with only a fine or no punishment at all.


In every event the accused my demand Trial by combat[1] or the less used Trial of seven. [7] or "Taking the black", join the Night’s Watch an alternative to criminal punishment.[8] By taking the black, one’s crimes are forgiven and he is exiled to the wall severing all previous thighs. though this course However women are not allowed to take the black. Also only a knight of the Kingsguard can champion a queen in a trial by battle if she has been accused of treason (IV: 647)


Trials, at least among the nobility, often begin with a prayer from a septon beseeching the Father Above to guide them towards justice.[9] the the accused and witness are sworn to honesty before he gives testimony at a trial.[9]

  • Of old, the High Septons might appoint seven judges to try a case, and if a woman was accussed, three of them might be women, representing maidens, mothers, and crones (IV: 645, 651)


The punishment for treason[10] and oathbreaking is death[11], Castration for rape[12], Mutilation for lesser offences, such as theft, poaching and assault[13]; and floggings for most other lesser offences.


Sentencing

Examples:

  • Death sentences are usually carried out by hanging or beheading.
  • Iron cages in which criminals are placed to die from exposure and hunger are known as crow cages, due to the crows the dead bodies attract. Being left to die in a crow cage is a particularly harsh death, though lords can vary widely as to what crime merits such punishment (III: 328, 329. TSS: 79)
  • Mutilation me include cuting off a hand for theft/poaching[13], Slitting a man's nostrils up to having a nail driven through their palm for assault[14][15] and castration for rape.[12]
  • Flogging is common punishment for members of the lower social classes, it's severity determined by both the number of strokes.
  • Fines

Customs

The article seem to shape ok, so this section will be split into another page on customs.

Inheritance

The lordships of Westeros are for the most part hereditary. passing to the next heir in line of succession, in most cases, to the eldest son, followed by the next youngest son, then his daughters and then brothers or their children. There are regional variations on this rule. Most notably, in Dorne where it's determined by order of birth, with women having equal rights with men.[16]

If a house's succession is uncertain, a related kinsman might well be seen as the best choice to be heir. He would then take the House's name as his own, despite his father being of another house[17]

So in theory, it's all but impossible for a noble house to become extinct, and with enough digging each line can be traced up to the age of heroes. However, in practice, the sword can be all the hereditary justification, as it was with kings robert and the king can redistribute lands and titles as he see fit.


Some titles and positions are not hereditary. like Knighthood...


Marriage

Westeros society is male-dominated for the most part, with exception of Drone and which was influenced by Rhoynar customs and exhibit greater freedoms. it's used to be better before the dance of the dragons.

Marriage in Westeros is largely dictated by it's dominant religion the faith of the seven, as union between one man and one woman, that should not be any more closely related than first cousins. with the exceptions of the Targaryens customs, of incest, which is the the reason for the faith militant uprising. and Dorne (iirc something with concubines?!) and Rhoynarish costumes.

Marriage ceremonies vary greatly but for the most part inlcude three main elements: Religious, exchange of vows, before the the Septons for followers of the Faith, and heart trees for followers of the old gods. the feast and the bedding.

Sometime Witnesses may be called upon to witness the bedding of a newly wedded couple. How far this witness duty goes is uncertain [18]


Fostering

Noble boys of about seven or eight are often sent to other noble houses to be raised until they reach the age of majority. The boys serve as pages and squires, acquiring training in arms, law, and courtesy.

Younger sons of the Great Houses would be bannermen to their elder brother, and hold small keeps in his name.[19]


See Also:


Un used Facts list

  • Vows said at swordpoint are not valid (II: 384)

Of nobles and Kings

  • The king or his Hand might hear disputes between rival holdfasts, petitions, and the adjudicating of the placement of boundary stones.[20]
  • The Great Council is a rare event which has not been called in a hundred years, and is the gathering of the assembled lords of the kingdom to decide some matter. The last time it was convened, it choose the next king of the Seven Kingdoms, over-riding proper lines of inheritance to give the crown to the youngest son of Maekar I, Aegon V (II: 78, 366. SSM:


  • Bills of attainder can be signed by the king to strip lords of their lands and incomes.[21]
  • If the queen of the Seven Kingdoms were to commit adultery, it would be considered high treason (IV: 577)
  • Lords in Westeros once had the right to the first night (the custom of bedding newlywed common women before their husbands), but Queen Alysanne convinced King Jaehaerys I to abolish it (TSS: 94)
  • Noble holdings are seldom divided, nor are they generally combined, although one person could concievably hold more than one title. If a lord intended to pass his lands in some unusual fashion, however, that would carry some weight (and likely lead to disputes) (SSM: 1)


  • Lords are not bound by custom or law to support relatives. Some do, however, by giving them posts and positions, or by granting them vassal holdfasts (SSM: 1)
  • A lord is expected to arrange matches for his children and his younger, unwed siblings, but he cannot force the marriages if they refuse to say the vows. However, there would be serious consequences to this. Moreover, he does not necessarily arrange marriages for his vassals and household knights, but they would be wise to consult him and respect his feelings when arranging their own matches (SSM: 1)
  • Some lords ban smallfolk from keeping bows as an attempt to keep them from poaching (TSS: 95)

Crimes and punishment

  • Slavery is illegal, the punishment for enslaving a person is execution.[8]


  • In some cases, poachers and thieves might be forced to row ships as a punishment for their crimes (IV: 249)
  • A man who steals from a sept might be judged to have stolen from the gods, and so receive a harsher punishment (IV: 206)
  • A prostitute accused of carrying a pox might be punished by having her private parts washed out with lye before being thrown into a dungeon (IV: 207)


  • Being caught abed with another man's wife can lead to being sent to the Wall.[22]
  • Being caught smuggling by the sea watch about Dragonstone was death in the days of Aerys.[23]
  • Wildlings are executed if caught south of the Wall.[11]


  • In ancient days, wrongful deaths could be addressed by the paying of a blood price, and in the Age of Heroes a man's life might be reckoned at being worth no more than a sack of silver (TSS: 104, 126)

Inheritance

  • A lord might use his will to lay out specific terms for the inheritance of his title and lands. For example, if his heir is a daughter without a husband, he might specify that she must wed by a certain time or the inheritance will pass to a cousin (TSS: 123)
  • A lord may choose to leave substantial wealth and incomes on younger children (IV: 114)


  • By law, only a trueborn son may inherit a knight's arms (THK: 487)
  • A bastard may inherit if the father has no other trueborn children nor any other likely kin to follow him (II: 185)
  • A bastard can inherit if he is legitimized by a royal decree.[24][21]

Marriages

  • Marriages can very well be completed between children, even babies or a baby to a young boy, especially if inheritances are the chief concern (II: 210)
  • Not even the High Septon himself can declare a person married if they refuse to say the vows (III: 907)
  • Marriage contracts can be broken (II: 388)
  • No one needs to be present for the High Septon to annul the marriage, but at least one of the wedded pair must request the annulment (SSM: 1)
  • It is not uncommon for a noble maiden, betrothed early, to wed within the year following her first flowering (IV: 203)
  • 1.0 1.1 A Game of Thrones, Chapter 38, Tyrion V.
  • A Game of Thrones, Chapter 30, Eddard VII.
  • A Storm of Swords, Chapter 22, Arya IV.
  • TSS: 127. SSM: 1
  • (THK: 507)
  • (SSM: 1)
  • A Game of Thrones, Chapter 47, Eddard XIII.
  • 8.0 8.1 A Game of Thrones, Chapter 3, Daenerys I.
  • 9.0 9.1 A Storm of Swords, Chapter 66, Tyrion IX.
  • A Storm of Swords, Chapter 36, Davos IV.
  • 11.0 11.1 A Game of Thrones, Chapter 1, Bran I.
  • 12.0 12.1 A Game of Thrones, Chapter 13, Tyrion II.
  • 13.0 13.1 A Game of Thrones, Prologue.
  • IV: 207
  • TSS: 127
  • A Game of Thrones, Chapter 62, Tyrion VIII.
  • A Clash of Kings, Chapter 17, Tyrion IV.
  • A Clash of Kings, Chapter 33, Catelyn IV.
  • A Game of Thrones, Chapter 5, Jon I.
  • A Game of Thrones, Chapter 43, Eddard XI.
  • 21.0 21.1 A Storm of Swords, Chapter 72, Jaime IX.
  • A Storm of Swords, Prologue.
  • A Storm of Swords, Chapter 10, Davos II.
  • A Storm of Swords, Chapter 46, Samwell III.