Discussion- Judicial Treaties

I would like to propose that we offer the standard Judicial Treaty to the new county of Lancaster.

I also see that we do not have one with Chester so I propose we offer the treaty to them as well unless someone knows of some reason we do not have one already.

So, discussion, do we offer this standard judicial treaty to the counties of Chester and Lancaster?

Article I
1. Upon the signing of this Judicial treaty, the contracting parties agree that no one should flee from legal proceedings or attempt escape from his/her Duke's authority on his/her lands.
2. A citizen accused in one or both counties shall be judged by the laws and customs where the offence was committed.

Article II
1. If an accused person flees from a territory allied by this treaty in an attempt to flee justice, he will be either extradited or judged, by mutual agreement by duly appointed judicial authorities upon who's lands he was arrested. Concerning the mutual agreement, it implies a full cooperation between prosecutors and judges from both countries in order that the defendant receive a judgment he would have received if he hadn't fled. The accused should also be provided a competent defense council by the Country in which he was arrested.
2. The procedure will be the following :
- Indictment on demand by the Duchy holding jurisdiction over the crime committed. Requesting Duchy prosecutor will write the bill of indictment. Proof of Evidence against the accused will be required from the Requesting Duchy to the responding Duchy prior to posting of any indictment.
- The whole procedure is under the primary jurisdiction of the requesting Duchy. The Local responding Judge will write the sentence, but will show motives of his decision following the law of the requesting Duchy.
- Collaboration is required between juridical authorities from both duchies in order to keep the laws of both the requesting and responding Duchies respected

Article III
1. Lords, their heirs, and successors are contractually obligated to respect the entire treaty. Disregard of any clause(s) within this treaty frees the other party of his commitment until a compensation is made/or agreements can be reached.
2. An unilateral cancellation of present treaty in a peacetime context should respect the following order, otherwise, it would be assumed as a hostile act and could lead to a response by the offended party.
3. To Cancel: A mail from the Duke will be sent to the other Duke, then an official and formal declaration will be published in the other Duchy's Inn. Copies should be posted in the Embassies as well
4. Cancellation won't stop procedures already in progress between either Duchy and will continue until judgment is rendered.
5. Any unilateral cancellation in a war situation will be assumed as a treasonous act and could lead to full retaliation
6. A full or partial rewriting of the treaty or even its cancellation can be decided by mutual consent.

I agree that we should offer these treaties to Chester and Lancaster.

I concur with the offering of one to Stafford

but I believe we already have a signed one with Chester from back in June.



Edit

We do in fact have such a treaty in force - on council archives page 2 on June 5 of this year we did vote and enact with a vote of 8 to 0 to accept and sign a Judicial treaty with the County Palatine of Chester.

https://somerset.rpg-board.net/The-library-c9/Duchy-council-archive-f37/VOTE-judicial-treaty-with-the-county-of-Palatine-Chester-t575.htm

Article II.1 should be corrected to "... judicial authorities upon whose lands he was arrested. .... and judges from both counties...defense council by the county in which he was arrested."

Article II.2 last part "-Collaboration is required between judicial authorities..."

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And I agree we should have treaties with all counties like this.

We cannot amend an already signed treaty without a new presentation and acceptance from the other party. There must be mutual consent to any rewrites.

We do already have such treaties with every English County with the exception of Lancaster at the moment and with numerous foreign ones as well.

You will find the link to those in the Public council room and the original stack of such located in the Office of the Chancellor of the Embassy.

also please note county and duchy are accepted interchangeable words in the RK

Ellsbeth wrote:

I concur with the offering of one to Stafford

but I believe we already have a signed one with Chester from back in June.



Edit

We do in fact have such a treaty in force - on council archives page 2 on June 5 of this year we did vote and enact with a vote of 8 to 0 to accept and sign a Judicial treaty with the County Palatine of Chester.

https://somerset.rpg-board.net/The-library-c9/Duchy-council-archive-f37/VOTE-judicial-treaty-with-the-county-of-Palatine-Chester-t575.htm

Thank You Judge Ellsbeth.

However I see that this is a copy of the treaty proposal and the assenting vote.
Was it ever actually signed by the Dukes of the participating counties.
I can not find a copy that is signed and sealed.

Inquiry to Chester council says they have a signed/sealed copy.

Thank You, perhaps Lord Hypno has it in his files somewhere.

I copied and pasted a copy from Chester into our treaties listed in the public council room.