Chapter 21: Keelan Justice
Cadwulf’s news of a robbery in Abersford made Yozef realize he was ignorant about the Keelan justice system, which could be dangerous. He could violate a law and not know it, and what would happen if he did? Since he was already pumping Cadwulf for tidbits about Caedellium and Keelan society, history, and customs, why not add the functioning of their legal system?
He broached the idea with his young friend and employee the next day.
“Yozef, the current external adjudicator just arrived in Abersford for a justice session. Court will begin tomorrow, if you’d like to watch. This is the perfect way for you to see how the law functions here. I could come with you and explain what’s happening.”
“Tomorrow? I told Filtin I’d work with him on the new distillery setups. I guess that can wait a few days. Where are proceedings held?”
“In the cathedral. Anyone who wishes can observe, and the cathedral is the only gathering space near Abersford of sufficient size.”
“Will there really be that many attending?” Yozef asked in surprise.
“Not usually. It depends on the individual cases. The list is posted to all nearby villages, so the size of the crowd will vary, depending on the case, who is involved, how entertaining it might be, how many witnesses, or whether it involves people who are relatives or someone you either like or dislike. Of course, some people come just because it’s one of the more exciting things to happen in the Abersford area.”
By arrangement, they met at the abbey complex main gate the next day. People were walking from the village, and there were horses and wagons tied to stakes outside the abbey walls. Once inside the cathedral, they found two spots at the end of the eighth row of pews. Perhaps three hundred people sat in the eight-hundred-capacity space, when a man in black and white livery walked down the center aisle, turned to face the audience, and pounded a heavy staff on the floor three times.
“All present heed the justice of Keelan. All present heed their roles in this proceeding. All present acknowledge the justice that protects the people.” The man pounded his staff three times more. From a side door appeared three men dressed in black-and-white checkered robes, who filed to a table set on the first level above the audience. In front of them, with backs to the audience, were a set of chairs filled with men and a few women.
“What is the significance of the black-and-white robes?” Yozef whispered to Cadwulf.
“It’s supposed to symbolize even-handedness. The judges should not come to any predetermined conclusions until they hear the charges and evidence.”
From where they sat, Yozef at first couldn’t discern the faces of the three judges, but once they turned and took their seats, he could see that the one on his right was the abbot.
“You recognize Father. On the left is Longnor Vorwich, boyerman of our district, containing Abersford and St. Sidryn’s. Vorwich lives fifteen miles away near the town of Clengoth, which serves as the district center.”
“Are abbots always judges?”
“Not always. One judge is a citizen of high regard from the area. For this year, Father was proposed by Vorwich and approved by village chiefs and mayors. I think it’s the third or fourth time he’s had this year-long duty.”
Yozef didn’t recognize the white-haired, vigorous-looking man. “Who’s the man in the middle?”
“That’s Scholastic Andris Carys. He’s the adjudicator and is a scholastic from St. Tomo’s Abbey in Caernford. He’s an expert in the law and previous cases. While normally he would be addressed as Brother Carys, for these proceedings he is Adjudicator Carys. He will preside and advise Father and Boyerman Vorwich on law and precedence, and all three vote on each case. He oversees all cases in Keelan. Most of the time, the three men will agree on the verdict. When one judge disagrees with the other two, those cases are referred three times a year to Caernford, where the case will be presented again with Hetman Keelan becoming a fourth judge. In that case, if the disagreement is 2 to 2, the case is dismissed. If 3 to 1, then the decision of the three is determinative.”
“Are the three judges always men?”
Cadwulf turned to Yozef. “Well . . . yes, of course.”
Of course? Women’s rights had quite a ways to go here.
Yozef filed this information away and sat back to take in the first case. Carys called two men to stand before the judges. A dispute originated over a cow claimed to have been stolen by one of the men. The other man claimed it had been a sale. The case sped to a conclusion after the judges asked to see the bill of sale for the cow. The accused said he had forgotten to get a written bill and had no witnesses to the sale. The cow in question was characteristic enough that several witnesses agreed the cow in possession of the accused had been the same cow owned by the accuser. There were no other witnesses.
It was over in less than ten minutes. Adjudicator Carys consulted briefly with Sistian and Vorwich, then announced, “The verdict is that there being no other witnesses or evidence, it cannot be concluded for certain that the cow was stolen. Therefore, the accused is not considered guilty of theft. However, since the supposed sale was not registered with the local registrar or witnessed, and since original ownership of the cow is supported by several witnesses, the accused is required to deliver the cow or one of approximately equal value to the accuser. If a different cow, the value will be determined by the local magistrate.”
Yozef whispered to Cadwulf, “So, if the cow was actually sold, the original owner gets the cow back because the buyer didn’t have proof of sale, and the owner keeps the money paid for the cow?”
Cadwulf looked disgusted. “The accuser has done this before and likely is lying about the sale, but the law is clear. You must have proof of sale, either written or witnessed. Otherwise, it’s not recognized. The buyer in this case was foolish to deal with the seller.”
“Next case,” announced the adjudicator.
A man and a woman rose and came before the judges. They stood well apart, with a rugged-looking man in his mid-thirties standing between them.
“The man in the middle is Magistrate Denes Vegga. He enforces laws around the Abersford area and serves to support the court.”
The sheriff, Yozef assigned the title.
The woman’s right arm was in a splint, she had several bruises on her face, one eye was swollen shut, and she limped when she rose to stand. Boyerman Vorwich read from a paper in front of him. “Hulda Camrin accuses her husband, Yuslir, of beating her and their two children repeatedly and asks for justice.” He stopped reading and addressed the husband, “What do you say to these charges, Ser Camrin?”
Your ’onor, I only beat ’er when she deserves it. A man ’as to keep order in his ’ouse, and she is lazy and doesn’t do ’er duties in cookin’, caring for the ’ouse, and our bed. As for the kids, she spoils ’em and tries to turn them ’gainst me. I then ’as no choice but to beat ’em.”
Yozef leaned right and whispered in Cadwulf’s ear. “Am I hearing right? The man seems to speak differently than everyone else.”
Cadwulf kept his eyes on the proceedings, using a hand to direct a mumble back to Yozef. “He’s from Nyvaks Province on the far north Caedellium. You can tell them by how they don’t pronounce some first letters, like most other clans.”
It was Adjudicator Carys who rejoined the defendant, “Granted that a man has the right to maintain order in his family by reasonable means, the question before this court is whether the punishments given were justified or not.”
So much for women’s lib, Yozef thought. I assume there’re going to be quite of few more differences in the justice system here compared to the U.S.
Carys turned to the abbot. “Abbot Beynom, you have a report on experiences with this family?”
“Yes,” said the abbot, casting a stern eye at the husband. “Ser Camrin has been admonished numerous times in the past about excessive violence against his family. I and several other brothers have counseled him repeatedly. He has
appeared twice before this court on similar charges. In those cases, the accusations were brought by medicants who had treated his wife or children for beatings. In neither case would the wife admit her husband had beat her. She said she ‘fell.’ It was believed by all she was lying, either because she was afraid or still didn’t want to get him in trouble.”
No prohibition for hearsay evidence or opinion instead of facts.
Carys addressed the wife. “Sen Camrin, on the current treatment by the medicants you told them, and then later Magistrate Denes, that your injuries were caused by a beating from your husband. Do you still assert this as fact?”
The wife edged next to Magistrate Vegga and looked around him at her husband. Then she took several deep breaths. “I do, Ser. He’s just beat me too much. I’m afraid he’s goin’ to hurt the children even more. Gettin’ worse all the time. I don’t want to be married to him no more.”
The husband flushed, glared at her, and started to say something, until Vegga barked, “No talking until the adjudicator asks you a question!”
And no objections from the defense—not that he has his own advocate.
The adjudicator continued talking to the wife. “In two previous instances, you have testified that your injuries resulted from your own accidents and not beatings by your husband. Do you still say the same?”
The wife’s face took on a defensive and somewhat fearful look. “Your Honor … I … I was scar’d. He’d threatened to beat me and the kids worse if I said anything. What was I to do?”
“What you were to do is tell the truth. You deliberately lied to the court at those times.”
Carys consulted the paper in front of him. “I see here that the witnesses include the medicants who treated Sen Camrin this time and in the previous instances, several people who have seen Ser Camrin strike his wife in public, and Abbess Beynom, who testifies her observations on both the husband and wife in this case.”
So, self-incrimination and conflicts of interest with witnesses are also okay. Perry Mason would not be happy.
“Ser Camrin, are there witnesses to show you do not regularly beat your wife?”
Yozef almost choked. It’s the old joke. “When did you stop beating your wife?”
“I already said, I only beat ’er when she needs it! It’s my right and duty as ’er ’usband.”
The adjudicator looked at his assistant. “Let the record show the accused has no witnesses.”
A sullen Ser Camrin glared at the judges, then shot another dangerous look at his wife.
The three judges conferred among themselves for four to five minutes, then turned back to the audience.
The adjudicator wrote something on paper in from of him, cleared his throat, and spoke to the accused, the accuser, and the rest of the attendees.
“It is determined that Yuslir Camrin has continued to abuse his wife and children, despite repeated counseling and warnings. From witness statements and the record, we see no reason to think Ser Camrin would stop this behavior if given more chances to change. Therefore, we have no choice but to consider him a habitual abuser of this family. To protect that family, this court now dissolves the marriage between Yuslir Camrin and his wife, Hulda Camrin. Ser Camrin is never to have contact with his former wife or children again.”
Well, it simplifies custody battles or visitation rights.
“To assure that this does not happen, Ser Camrin is banished from the Abersford area for the rest of this life. Sen Camrin is ordered to move nowhere where her ex-husband lives, if she wishes to remain under the protection of this court, unless she remarries and is therefore under her new husband’s protection.”
The man turned red and shouted, “I’ve spent ten years workin’ that farm! All the work I’ve put into it and I’m to be sent ’way with nothin! It ain’t fair!”
“We recognize that the farm inherited by Hulda Camrin from her family was significantly improved by Yuslir Camrin,” Boyerman Vorwich answered. “Therefore, it is reasonable for him to receive compensation. It is ruled that ownership of the farm, which was transferred to Yuslir when he married Hulda, is to be transferred back to Hulda. To compensate Yuslir, Hulda is ordered to give Yuslir one quarter of the farm’s value, either in coin or deed to land equivalent to that value. The local registrar will work out the details with Hulda and Yuslir.”
Camrin visibly relaxed. Yozef whispered, “This Camrin man doesn’t appear as worried about the decision as I thought he would be. Am I missing something?”
Cadwulf whispered back, “He’s not from this area originally, so he has no other family ties here. He’ll move elsewhere with some coin in his pocket and experience at successful farming, so he shouldn’t have any problem finding a farm widow willing to marry him.”
“I don’t understand. Why would any woman want to marry him after this?”
“I’ll explain later.”
Finished with the basic verdict, the adjudicator addressed both the ex-husband and the ex-wife, one after the other.
“Hulda Camrin, by your own admission you lied to two different courts in the past. While we appreciate the conditions and fears that led to you lying, no court can permit deliberate lies. That you admitted to those lies is mitigation but does not excuse lying. You are therefore sentenced to three lashes.”
The wife turned white and started crying. She was led away by several women.
“Kind of harsh, wasn’t that?” said Yozef, a little louder than he intended—loud enough that several people turned to him, and it brought a sharp gaze from the abbot.
“Shh,” whispered Cadwulf. “The judges had no choice. To lie to the judges is considered a serious offense. In this case, three lashes are considered a mild punishment, and the person giving the lashes will make them more symbolic than painful.”
“Yuslir Camrin,” intoned Carys, “we cannot be sure whether you are too sadistic or too stupid to understand your own actions. In either case, it is determined that a strong lesson be given in hopes of changing your future behavior. You are therefore sentenced to be taken to the village square and ten lashes to be administered before sundown this day.”
Camrin protested loudly, to no avail. As Magistrate Vegga led him away, the adjudicator had a last word. “Be also aware, Yuslir Camrin, that you are required to report to the district registrar where you go in Keelan Province. Details of this judgment will be sent to that district, and any further offenses committed by you will be weighed, along with this verdict. Depending on severity, future offenses could involve banishment from the province. Next case.”
“He may well move to a different province,” murmured Cadwulf.
“So, the record of this doesn’t go to the other provinces?”
“No. Many clans are very strong in maintaining independence and won’t pay attention to any such records coming from Keelan. Mittack and Gwillamer and maybe a few others might, but Moreland and the northern clans wouldn’t care what happened here.”
A number of lesser cases were called, heard, and disposed of in rapid order as the day wore on. There were no such things as continuances in Caedellium justice. The final case of the day was the most serious. It was a compound situation that on Earth would require two separate trials. Cadwulf whispered a running account of who was who, what he knew of them, where they lived, and some details on how the judges might view the case.
It started with a teenage girl, maybe seventeen Anyar years (fifteen on Earth, Yozef reminded himself), claiming she had been raped by a neighbor’s twenty-two-year-old son. There were no witnesses, and the girl did not make the accusation until she knew she was pregnant. The case got more complicated when one of her brothers accosted the accused, and, during a fight, the accused was stabbed to death by the brother. Of this part, there were multiple witnesses that the brother had instigated the fight and had pulled a knife, when he started getting the worst of it. The case then had to resolve multiple issues. Because the accused rapist was dead, that charge was resolved. However,
by custom and law, a rapist and his family could be responsible for helping support the child.
“The person and his family are responsible for the actions of the person, such as regarding any money to compensate a victim or their family,” Cadwulf whispered to Yozef.
The second decision concerned the brother. There was no doubt he believed his sister and in anger had sought the accused. There also was no doubt he had started the fight and had drawn the knife and stabbed the other man. Two issues needed determination. One was whether the brother and his family were liable for blood-money—payment to the deceased’s family for loss of a family member. The second was how to evaluate the killing and pass judgment on the brother.
Again, Yozef noted a huge difference with the Caedellium justice system. Judgment was quick, compared to back on Earth. After hearing all of the evidence, the three judges huddled together on the platform for twenty minutes before the adjudicator announced their unanimous decision.
“As is there is no confirming evidence a rape occurred or that the child was fathered by the deceased, and since no accusation was made for some months, no penalties or obligations are directly assigned to the family of the accused rapist. As for the killing of the accused, Kellum Mellwyin is confirmed guilty of the death. No evidence of malice before the accusation of rape was presented, and given the nature of the accusation, we believe it reasonable that the death occurred during a time of reduced judgment. Nevertheless, a killing did occur. Whether or not the accused rapist actually committed the act, it is still the prerogative of Keelan justice to deal with the accusation, and there is no justification for either initiating the fight that led to a death or justification for pulling a knife simply because the initiator of the fight began to lose. It is therefore judged Kellum Mellwyin is ordered to pay the family of the deceased thirty thousand krun, with the method and timing of payment to be submitted to the local registrar within one month. Kellum Mellwyin is also placed on probation for the next ten years. The case is settled. Next case.”
Cast Under an Alien Sun (Destiny's Crucible) Page 22