Custom of Rochefort
The Custom of Rochefort was one of Aréole's regional customal laws. It was imported into the archipelago of Carpesia following the Solar Order's colonization of the islands. It remains the sole legitimate source of law in Tarbor, giving a quasi-civil code quality.
It is organized into seven chapters and describes topics such as commerce, property and inheritance as well as establishing the rights of lords and the Solar Order. The last chapter establishes a standard of exchange for goods.
Full text
COUTUME DE ROCHEFORT ADOPTED TO THE CONDITIONS OF TARBOR IN THE MARQUISAT OF REAUCE PRÉAMBULE In the presence of the SUN, the totality of society, represented in the Lords of Tarbor, proclaim this document of Custom. It is declared and known to all that the laws of Tarbor in General and Reauce in Particular apply to all persons being therein, even to those not domiciled there. TITLE ONE: ACTIONS 1. If any one be summoned before the General Courts, Estates, Assemblies, Justice Courts, or other such institution by the Lord’s law, and do not come, he shall be sentenced to 4 Golds. 2. But he who summons another, and does not come himself, shall, if a lawful impediment have not delayed him, be sentenced to 4 Golds, to be paid to him whom he summoned. 3. And he who summons another shall walk with witnesses to the home of that man, and, if he be not at home, shall bid the wife or any one of the family to make known to him that he has been summoned to court. 4. But if he be occupied in the Lord’s service he can not summon him. 5. But if he shall be inside the realm seeing about his own affairs, he can summon him in the manner explained above. 6. If three men carry off a free born girl, they shall be compelled to pay 5 Golds. 7. If there are more than three, each one shall pay 5 Golds. 8. Those who shall have been present with boats shall be sentenced to 3 Golds. 9. Those who commit rape shall be compelled to pay 10 Golds, or equivalent. 10. But if they have carried off that girl from behind lock and key, or from the spinning room, they shall be sentenced to the above price and penalty. 11. But if the girl who is carried off be under the Lord’s protection, then the peace-money shall be 20 Golds, or equivalent. 12. But if a tiedman of the Lord should carry off a free woman, he shall be sentenced to death. 13. But if a free woman have followed a tiedman of her own will, she shall lose her freedom to the Lord. 14. If a freeborn man shall have taken an alien tiedwoman, he shall suffer similarly. 15. If anybody take an alien spouse and join her to himself in matrimony, he shall be sentenced to 2 Gold, or equivalents. 16. If any one have assaulted and plundered' a free man, and it be proved on him, he shall be sentenced to 3 Gold, or equivalents. 17. If a Tarbois have plundered a Carpesian, the above law shall be observed. 18. But if a Carpesian have plundered a Tarbois, he shall be sentenced to 6 Gold. 19. If any man should wish to migrate, and has permission from the Lord, and shall have shown this publicly in the General Courts, Estates, Assemblies, Justice Courts, or other such institution by the Lord’s law, whoever, contrary to the decree of theLord, shall presume to oppose him, shall be sentenced to 2 Golds, or equivalents. 20. If any one shall set fire to a house in which men were sleeping, as many freemen as were in it can make complaint before the courts; and if any one shall have been burned in it, the incendiary shall be sentenced to 4 Golds, or equivalents. 21. If any one have wished to kill another person, and the blow have missed, he on whom it was proved shall be sentenced to 3 Gold, or equivalents. 22. If any person have wished to strike another with a poisoned arrow, and the arrow have glanced aside, and it shall be proved on him: he shall be sentenced to 3 Gold, or equivalents. 23. If any person strike another on the head so that the brain appears, and the three bones which lie above the brain shall project, he shall be sentenced to 4 Gold, or equivalents. 24. But if it shall have been between the ribs or in the stomach, so that the wound appears and reaches to the entrails, he shall be sentenced to 2 Gold, or equivalents, besides 4 Gold for the physician's pay. 25. If any one shall have struck a man so that blood falls to the floor, and it be proved on him, he shall be sentenced to 4 Gold, or equivalents. 26. But if a freeman strike a freeman with his fist so that blood does not flow, be shall be sentenced for each blow — up to 3 blows — to 1 Gold, or equivalents. 27. If any one, before the Lord, accuse an innocent man who is absent, he shall be sentenced to 2 Gold, or equivalents. 28. If any one have given herbs to another so that he die, he shall be sentenced to 3 Gold or death. 29. If any person have bewitched another, and he who was thus treated shall escape, the author of the crime, who is proved to have committed it, shall be sentenced to 3 Gold, or equivalents. 30. If any person have bewitched another to slay another, the bewitcher shall be sentenced to 4 Gold and the bewitched slayer to 2 Gold, or equivalents. 31. If anyone have slain a boy under 10 years — up to the end of the tenth — and it shall have been proved on him, he shall be sentenced to 5 Gold, or equivalents. 32. If any one have hit a free woman who is pregnant, and she dies, he shall be sentenced to 6 Gold, or equivalents. 33. If any one have killed a free woman after she has begun bearing children, he shall be sentenced to 4 Gold, or equivalents. 34. After she can have no more children, he who kills her shall be sentenced to 3 Gold, or equivalents. 35. If any one, man or woman, shall have called a woman harlot, and shall not have been able to prove it, he shall be sentenced to 1 Gold, or equivalents. 36. If any person shall have called another "fox," he shall be sentenced to 1 Gold. 37. If any man shall have called another "hare," he shall be sentenced to Gold. 37. If any man shall have brought it up against another that he have thrown away his shield, and shall not have been able to prove it, he shall be sentenced to 1 Gold, or equivalents. 38. If any man shall have called another "spy" or "perjurer," and shall not have been able to prove it, he shall be sentenced to 1 Gold, or equivalents. 39. If any one shall have killed a free Tarbois, or a Carpesian living under the Tarbois law, and it have been proved on him, he shall be sentenced to 4 Gold. 40. But if he shall have thrown him into a well or into the water, or shall have covered him with branches or anything else, to conceal him, he shall be sentenced to 5 Gold, or equivalents. 41. But if any one has slain a man who is in the service of the Lord, he shall be sentenced to 5 Gold, or equivalents. 42. But if he have put him in the water or in a well, and covered him with anything to conceal him, he shall be sentenced to 10 Gold, or equivalents. 43. If any one have slain a Carpesian who eats in the Lord’s palace, and it have been proved on him, he shall be sentenced to 4 Gold, or equivalents. 44. But if the Carpesian shall not have been a landed proprietor and table companion of the Lord, he who killed him shall be sentenced to 2 Gold, or equivalents. 45. But if he shall have killed a Carpesian who was obliged to pay tribute, he shall be sentenced to 5 Gold. 46. If any one have thrown a free man into a well, and he have escaped alive, he (the criminal) shall be sentenced to 3 Gold, or equivalents. 47. If any one wish to migrate to another village and if one or more who live in that village do not wish to receive him, — if there be only one who objects, he shall not have leave to move there. 48. But if he shall have presumed to settle in that village in spite of his rejection by one or two men, then some one shall give him warning. And if he be unwilling to go away, he who gives him warning shall give him warning with witnesses, as follows: I warn thee that thou mustn’t remain here this next night as the Tarbois law demands, and I warn thee that within 10 nights thou shalt go forth from this village. After another 10 nights he shall again come to him and warn him again within 10 nights to go away. If he still refuse to go, again 10 nights shall be added to the command, that the number of 30 nights may be full. If he will not go away even then, then he shall summon him to the Justice Courts and present his witnesses as to the separate commands to leave. If he who has been warned will not then move away, and no valid reason detains him, and all the above warnings which we have mentioned have been given according to law: then he who gave him warning shall take the matter into his own hands and request the bailiffs to go to that place and expel him. And because he would not listen to the law, that man shall relinquish all that he has earned there, and, besides, shall be sentenced to 4 Gold, or equivalents. 49. But if anyone have moved there, and within 12 months no one have given him warning, he shall remain as secure as the other neighbours. 50: If any one slay a Mayor, he shall be sentenced to 5 Gold, or equivalents. 51. If any man shall have scorned to come the Justice Courts by the Lord’s law, and shall have put off fulfilling the injunction of the Justice Courts, and shall not have been willing to consent to undergo the fine, or the kettle ordeal, or anything prescribed by law: then he (the plaintiff) shall summon him to the presence of the Lord. And there shall be witnesses who shall testify. If the accuser shall have fulfilled all this, and the accused shall not have been willing to come to any court, then the Lord, before whom he has been summoned, shall withdraw his protection from him. Then he shall be guilty, and all his goods shall belong to the Lord, and he, and whoever shall have fed or housed him — even if it were his own wife — shall be sentenced to 4 Gold. 52. If any one's father have been killed, the sons shall have half the compensating money; and the other half the nearest relatives, as well on the mother's as on the father's side, shall divide among themselves. 53. But if there are no relatives, paternal or maternal that portion shall go to the Lord. TITLE TWO: PROPERTY 1. Moveable property is governed by the law of the domicile of its owner. But the law of Tarbor is applied whenever the question involved relates to the distinction or nature of the property, to privileges and rights, contestations as to possession, the jurisdiction of the Justice Courts and procedure, to the mode of execution and attachment, to public policy and the rights of the Lord, and also in any other cases specially provided for law. Moveable property is everything movable, that is to say everything which can be moved from one place to another; Real property is things which cannot be moved and which have an annual worth to the lords to whom they belong: such as arable land, woods, pastures, vineyards, gardens, quit-rents, rents, bakehouses, mills, winepresses, upright houses as long as their pegs hold, waterways, privileges, rights to labor, homages, tolls and market dues. All such things are Real property. Moveable property is everything produced by Real property as soon as it is harvested. 2. If any one steal a baby pig, sheep, horse or hen, and it be proved against him, he shall be sentenced to 2 Gold, or equivalent. 3. If any one steal a pig, sheep, horse or hen, that can live without its mother, and it be proved on him, he shall be sentenced to 3 Gold, or equivalent. 4. If any one steal 10 sheep where there were no more in that flock, and it be proved on him, he shall be sentenced to 3 Gold, or equivalent. 5. If any one steal that bull or cow, he shall be sentenced to 4 Gold, or equivalent. 6. If any one steal that baby bull or cow, he shall be sentenced to 3 Gold, or equivalent. 7. If any one steal a bull, cow, pig, sheep, horse or hen belonging to the Lord he shall be sentenced to 5 Gold, or equivalent. 8. If any one finds cattle, or a horse, or flocks of any kind in his crops, he shall not at all mutilate them. 9. If he do this and confess it, he shall restore the worth of the animal in place of it, and shall himself keep the mutilated one. 10. But if he have not confessed it, and it have been proved on him, he shall be sentenced, besides the value of the animal and the fines for delay, to 3 Gold, or equivalent. 11. If any freeman steal, outside of the house, something worth 0.5 Gold, he shall be sentenced to 2 Gold, or equivalent. 12. But if he steal, outside of the house, something worth 1 Gold, and it be proved on him, he shall be sentenced, besides the amount and the fines for delay, to 4 Gold, or equivalent. 13. If a freeman break into a house and steal something worth 0.5 Gold, and it be proved on him, he shall be sentenced to 3 Gold. 14. But if he shall have stolen something worth more than 1 Gold. and it have been proved on him, he shall be sentenced, besides the worth of the object and the fines for delay, to 5 Gold, or equivalent. 15. But if he have broken, or tampered with, the lock, and thus have entered the house and stolen anything from it, he shall be sentenced, besides the worth of the object and the fines for delay, to 4 Gold, or equivalent. 16. And if he have taken nothing, or have escaped by flight, he shall, for the housebreaking alone, be sentenced to 2 Gold, or equivalent.
17. If a tiedman steal, outside of the house, something worth 0.5 Gold, he shall, besides paying the worth of the object and the fines for delay, be hanged out and receive 10 blows. 18. But if he steal something worth1 Gold, he shall either be castrated or pay 3 Gold. But the knotter of the tiedman who committed the theft shall restore to the plaintiff the worth of the object and the fines for delay. 19. If any one have stolen a tame marked hound, trained to hunting, and it shall have been proved through witnesses that his master had him for hunting, or had killed with him two or three beasts, he shall be sentenced to3 Gold, or equivalent. 20. If any man shall have cut 3 staves by which a fence is bound or held together, or have stolen or cut the heads of 3 stakes, he shall be sentenced to 2 Gold, or equivalent. 21. If any one shall have drawn a harrow through another's harvest after it has sprouted, or shall have gone through it with a wagon where there was no road, he shall be sentenced to 3 Gold, or equivalent. 22. If any one shall have gone, where there is no way or path, through another's harvest which has already become thick, he shall be sentenced to 3 Gold, or equivalent. 23. If any one, excluding the Lord, wants to transfer a property, he must follow these formalities: the observance shall be that the Mayor shall call together an assembly of a type and shall have his shield in the assembly, and shall demand men as witnesses for each of the transactions. He (the owner of the land to be transferred) shall seek a man who has no connection with himself, and shall throw a stick into his lap. And to him into whose lap he has thrown the stalk he shall tell, concerning his property, how much of it he wishes to give and for what. He in whose lap he threw the stick shall remain in his (the owner's) house, and shall collect guests, and shall have the property. 24. And if any one shall wish to say anything against this, three sworn witnesses shall say that they were in the assembly of a type which the Mayor called together, and that they saw that man who wished to give his property throw a stick into the lap of him whom he had selected. They shall name by name him who threw his property into the lap of the other, and, likewise, shall name him whom he named his heir. And three other sworn witnesses shall say that he in whose lap the stick was thrown had remained in the house of him who gave his property, and had there collected three or more guests, and that they had eaten porridge at table, and that he had collected those who were bearing witness, and that those guests had thanked him for their entertainment. All this and other sworn witnesses shall say before the Mayor in the presence of the Lord. 25. Property cannot be divided unless it is rented out or farmed out unless it is property in partnership. TITLE THREE: INHERITANCE 1. If any man die and leave no sons, if the father and mother survive, they shall inherit. 2. If the father and mother do not survive, and he leave brothers or sisters, they shall inherit. 4. But if there are none, the sisters of the father shall inherit. 5. But if there are no sisters of the father, the sisters of the mother shall claim that inheritance. 6. If there are none of these, it is the Lord who shall claim that inheritance. 9. But of Tarbois land no portion of the inheritance shall come to a woman: but the whole inheritance of the land shall come to the male sex. TITLE FOUR: COMMERCE 1. If any freeman have made to another a promise to pay, then lie to whom the promise was made shall, within 40 days or within such term as was agreed when he made the promise, go to the house of that man with witnesses, or with appraisers. And if he (the debtor) be unwilling to make the promised payment, he shall be sentenced to 3 Gold above the debt which he had promised. 2. If he then be unwilling to pay, he (the creditor) shall summon him before the Justice Court and thus accuse him: "I ask thee, Judge, to ban my opponent who made me a promise to pay and owes me a debt." And he shall state how much he owes and promised to pay. Then the Judge shall say: "I ban thy opponent to what the Tarbois law decrees." Then he to whom the promise was made shall warn him (the debtor) to make no payment or pledge of payment to any body else until he have fulfilled his promise to him (the creditor). And straightway on that same day, before the sun sets, he shall go to the house of that man with witnesses, and shall ask if he will pay that debt.If he will not, he (the creditor) shall wait until after sunset; then, if he have waited until after sunset, 1 Gold, or equivalents, shall be added on to the debt. And this shall be done up to 3 times in 3 weeks. And if at the third time he will not pay all this, it (the sum) shall increase to 2 Gold or equivalents: so, namely, that, after each admonition or waiting until after sunset, 12 Gold shall be added to the debt. 3. If any one be unwilling to fulfil his promise in the General Courts, Estates, Assemblies, Justice Courts, or other such institution by the Lord’s law, — then he to whom the promise was made shall go the Mayor of that place, in whose district he lives, and shall take the stick and shall say: oh Mayor, that man made me a promise to pay, and I have lawfully summoned him before the court according to the Tarbois law on this matter; I pledge thee myself and my fortune that thou must safely seize his property. And he shall state the case to him, and shall tell how much he (the debtor) had agreed to pay. Then the Mayor shall collect suitable bailiffs, and shall go with them to the house of him who made the promise and shall say: thou who art here present pay voluntarily to that man what thou did promise, and choose any two of those bailiffs who shall appraise that from which thou shalt pay; and make good what thou dost owe, according to a just appraisal. But if he will not hear, or be absent, then the bailiffs shall take from his property the value of the debt which he owes. And, according to the law, the accuser shall take two thirds of that which the debtor owes, and the Mayor shall collect for himself the other third as peace money; unless the peace money shall have been paid to him before in this same matter. 4. If the Mayor have been appealed to, and no sufficient reason, and no duty of the Lord, have detained him — and if he have put off going, and have sent no substitute to demand law and justice: he shall answer for it with his life, or shall redeem himself with his payed compensation. 5: If someone holds property in partnership with others, that is a company. There can only be one company per profession. If one wants to conduct commerce in that profession they must be in property partnership with others of that profession. TITLE FIVE: LORDS RIGHTS, PRIVILEGES AND RESPONSIBILITY 1. These rights, privileges and responsibilities can not be arbitrarily extinguished, especially if such rights, privileges and responsibilities originate with this Custom of Rochefort. 2. Lord rights: 2.1. Lords have the right to establish new villages 2.2. Lords have the right in choosing their successor. 2.3. Lords have the right to collect tallages, levy fines, hold pleas, land rents, road taxes and mortgages within their lordship. 2.4. Lords have the right to establish justice over residents. 2.5. Lords have the right to acquire or sell property. 2.6. Lords have the right to grant and acquire fiefs. 2.7. Lords have the right to appoint Mayors in their villages. 2.8. Lords have the right to at least 10 cows, 10 sheep, 20 hens, 15 pigs, an oven, a mill, meadows and arable lands. 3. Lord privileges: 3.1. Lords are exempt from basic taxations. 3.2. Lords are exempt from appearing before common tribunals or courts. 3.3. Lords are to be treated with humility. 3.4. Lords may sleep with anyone's wife. 3.5. Lords may hunt on Sovereign lands and common lands. 4. Lord responsibilities: 4.1. Lords must seek to promote economic development and productivity on their lands. 4.2. Lords must maintain social harmony. 4.3. Lords must establish justice. 4.4. Lords must protect the liberties and rights of free men. 4.5. Lords must protect the liberties and rights of the Solar Order. 4.6. Lords must be an example to follow. TITLE SIX: SOLAR ORDER RIGHTS, PRIVILEGES AND RESPONSIBILITY 1. These rights, privileges and responsibilities can not be arbitrarily extinguished, especially if such rights, privileges and responsibilities originate with the 1634 Peace Treaty. 2. Order rights: 2.1. The Order has the right to maintain their monasteries. 2.2. The Order has the right to establish new temples. 2.3. The Order has the right to choose their leadership in both low and high offices 2.4. The Order has the right to collect tallages, levy fines, land rents, road taxes and mortgages within Order-owned land. 2.5. The Order has the right to hold tribunals on religious affairs. 2.5. The Order has the right to acquire or sell property 2.6. The Order has the right to grant fiefs on Order-owned land. 2.7. The Order can only acquire fiefable land from the Sovereign or Lord. 2.8. The Order has the right to at least 5 cows, 5 sheep, 10 hens, 7 pigs, an oven and a mill. 3. Order privileges: 3.1. The Order is exempt from basic taxations. 3.2. The high officials of the Order are exempt from appearing before common tribunals. 3.3. Clergy of the Order must be treated with respect. 3.4. The Order may fish on Princely waters and common waters. 4. Order responsibilities: 4.1. The Order must seek to promote spiritual and mental development and health. 4.2. The Order must maintain social cohesion. 4.3. The Order must speak out against social abuse. TITLE SEVEN: STANDARDS OF EXCHANGE 1. Only extracted and harvested materials and animals are valid items. 2. The set equivalents of exchange: 1 Gold = 1 Gold 64 Coal = 0.5 Gold 10 Emerald = 1 Gold 20 Iron Ingot = 1 Gold 1 Lava Bucket = 0.5 Gold 20 Raw Chicken = 0.5 Gold 10 Cooked Chicken = 1 Gold 10 Baby Hens = 0.5 Gold 10 Hens = 1 Gold 20 Eggs = 0.5 Gold 15 Raw Pork = 0.5 Gold 8 Cooked Pork = 0.5 Gold 10 Baby Pigs = 0.5 Gold 20 Pigs = 1.5 Gold 10 Raw Rabbit = 0.5 Gold 10 Cooked Rabbit = 1 Gold 15 Rabbits = 1.5 Gold 15 Rabbit’s Foot = 1 Gold 24 Rabbit Leather 0.5 Gold 15 Raw Mutton = 0.5 Gold 8 Cooked Mutton = 1 Gold 10 Baby Sheep = 0.5 Gold 23 Sheep = 2 Gold 10 Raw Beef = 0.5 Gold 5 Cooked Beef = 1 Gold 10 Baby Cow = 0.5 Gold 20 Leather = 0.5 Gold 15 Cow = 2 Gold 3 Dried Kelp Blocks = 1 Gold 268 Sweet Berries = 1.5 Gold 100 Rotten Flesh = 0.5 Gold 1 Diamond = 3 Gold 6 Blocks of Wheat = 1 Gold 192 Potatoes = 1 Gold 96 Cooked Potatoes = 1 Gold 256 Carrots = 1 Gold 288 Beetroot = 1 Gold 80 Pumpkin = 0.5 Gold 50 Melon = 1 Gold 250 Melon Slice = 1 Gold 96 Apples = 0.5 Gold 23 String = 0.5 Gold 26 Raw Fish = 0.5 Gold 15 Cooked Fish = 1 Gold 832 Sticks = 1 Gold 25 Flint = 0.5 Gold 85 Feathers = 0.5 Gold 26 Ink Sac = 0.5 Gold 900 Cobblestone = 1 Gold 30 Wool = 1 Gold 20 Dye = 0.5 Gold 800 Wood = 1 Gold 1 Packed Ice = 1.5 Gold 1 Blue Ice = 2 Gold 64 Sugar Cane = 0.3 Gold 23 Sea Pickles = 0.1 Gold 19 Cactus = 0.5 Gold 10 Gunpowder = 0.5 Gold