Re: [RP] Trial by Peer ... Lord Elmix - January 1458

[arthur_loxley]

I object to a mistrial of these proceedings. The leadership of the House of Lords has not coordinated to announce a replacement juror. I will not dismiss the levied charges against Elmix.

[arthur_loxley]

Darien looked at Lord Arthur as he spoke and whe he had finished Darien spoke again "I said let us get this trial moving forward by having another Juror replace the one who has left and then a new Head Juror installed so we can proceed, the reference to a mistrial was in the eventuation that nothing happens in which case the trial isfinised for now which would indeed be a miscarriage of Justice. My comment was not intended to anger anyone but to actually get us moving forward agan".

Darien went silent and returned to his notes.

[arthur_loxley]

Can we have an update please as to where the Lady High Chancellor and the GUBR are on finding a replacement juror? I know some have been objected to, but do we have any potential jurors who are not objected to or where objections are not substantiated with due reason to object?

[arthur_loxley]

At last there had been agreement, and the High Chancellor returned to the chambers with a lighter step, practically jumping for joy. There had been so many private messages sent back in forth in the earnest effort to find someone that both parties could agree to that she had burned through an entire stack of parchment and had broken several quills clean in two. But, at the least, it had resulted in her initiative to institute the House of Lords Jury Pool, of which there had been no visible sign of one previously, and which would hopefully solve this issue for all future trials. Thankfully, that had been a rousing success.

Now returned, she stood behind her desk and addressed the gathered jurors and participants.

"My lords and ladies, you have my sincere apologies for the matter of a replacement taking so long. I don't believe anyone could have anticipated the sheer lengths we had to go to find a suitable juror. We now have a new Gentlewoman Usher of the Black Rod in Lady Umberlee as well as a replacement for Lady Revan, who will be Lord Aandra of Cornwall. There are two additional alternates available should any further replacements be needed, and those are Lady Vana_runedottir of Lancaster and Lady Opheliaverse of Sussex. There were a few issues with Lord Aandra's keys to this chamber, but those should now be solved as well."

"With that settled, my lords and ladies, I have sent messages to all jurors and participants about this development. Both Lord Arthur and Lord Artur_le_breton are traveling, and communication may become difficult at some point, but, until then, I would ask that the jury please choose a new Chief Juror and let's get on with this proceeding as much as we can."

With that said, the High Chancellor sat and observed, grateful to finally have something positive to report and for the trial to commence, on behalf of both parties.

[arthur_loxley]

Prince Chris enters the Judges Chamber again taking note that there has been a replacement Juror named for this case.....

Ah, welcome Lord Aandra to the trial. You will want to read the transcript so far to catch yourself up and prepare any questions you may have when the time has come.

Lady High Chancellor, I thank you for the effort it took in finding a replacement Juror so we can once again continue these proceedings here before us. I also thank you for the extra step of preparing a Jury Pool and alternate Jurors as this will be much help in the future.

Now, a task has been given to us to find a new Chief Juror. Who among us wishes to take on this task or who would the Jurors like to see as the Chief Juror?

[arthur_loxley]

Mala looked up from her book when the High Chancellor entered the chambers and it was with some considerable relief she heard that a replacement had been found and that, as soon as a new chief juror was elected, the trial could continue.

'I would like to nominate Lord Braveheart to serve as Chief Juror' she said.

[arthur_loxley]

Elmix wakes up as he did not noticed he again fall asleep. This seemed to be an important case but since so long there was problems, he just could not help on it.

After hearing new juror has been finally found, he takes his seat in comfortable chair showing all he is still present and waits till it finally will continue.

[arthur_loxley]

Aandra walks in , takes a seat after nodding a greeting to the other jurors assembled here, and proceeds to read through the statements made so far ....

Err Chief Juror, i have only a couple of queries, as Undoubtedly a term Worm was used by Lord Elmix in reference to describing the proclamation made by Lord Loxley Tudor,

This we cannot deny as the term has been used within these chambers ...
my question is, what other terms would Lord Tudor find suitable to describe,
what with respect appeared to be a somewhat self defensive attempt to protect his own county at the expense of a neighbour taken by Rebels ?

Secondly, would either or both parties find it acceptable if we adjudged
Lord Elmix guilty of being somewhat disrespectful, suggested that we prefer he attempt in future some modicum of decorum, and consider the matter settled as both parties have had to sit through the tedium and time waste of these proceedings ?

Takes a seat , and reads through the remaining points on the matter in hand ...

[arthur_loxley]

As I have informed in the House of Lords chamber, I will have no access to these proceedings while traveling overseas. I request a recess in proceedings until I am back in England to handle these affairs. This trial has already delayed long enough due to others, and I had not expected it to continue this long that it would interfere with my trip to Kalmar Union.

Unfortunately, I am not willing to dismiss the charges levied against Elmix because of his continued behavior and actions. Had he shown remorse, apologized, or even stop referring to me as worm, this probably would not have gone as far as it has. Since he is not remorseful nor intends to change his attitude, he is not fit to have the privilege of holding peerage, in my opinion.

If there are further comments or statements directed to me, please do send a pidgeon to deliver the news personally as I will be unable to view these chambers within the next hour.

(OOC: We must be reaching Holland and/or land overseas as we see the Holland forums; we just now got the English forums back for this naval round which I believe will be gone in about 25 minutes.)

[arthur_loxley]

Millicent sighs softly and gives her client a jaded look before shaking her head.

[arthur_loxley]

Lady Maladicta has nominated Lord Braveheart to serve as Chief Juror and I second this nomination.

[arthur_loxley]

glares at Lady Maladicta and Lord Darienbalintyne......

[arthur_loxley]

"Lady and gentlemen of the jury, Lord Artur le Breton has sent a messenger and asked that I present this note for him as he is no longer able to speak directly for himself in this location."

The High Chancellor reads the note and then passes it around for all to see that she had permission to distribute the gentleman's words in this venue.

[rp]OOC: Permission granted to cut/paste/quote for HoL Trial by Peer Courtroom

Lord Artur le Breton sends word from afar that he will second the nomination of Lord Chris Braveheart as Chief Juror and cast his vote for the honourable peer to stand as Chief Juror.

_________________
Baron of Cannock, Baron of Brewood
United Corn Producers Guild, member[/rp]

That accomplished, Jennet retakes her seat.

[arthur_loxley]

makes a note to send a pigeon to Lord leBreton's ship to glare at him

[arthur_loxley]

glares at Lady Maladicta and Lord Darienbalintyne......

Sees Lord Braveheart glaring at her and sticks her tongue out at him

'Are we taking a recess on this trial until such time as Lord Loxley returns to the country?' she asked

[arthur_loxley]

Glancing momentarily to her client, Dame Reine stands up and speaks in a tone that conveys a portion of her annoyance, "With all due respect, Your Honours, this is ridiculous."

Her long, raven-hued hair falls over her face as she quickly looks down for her itinerary. "Look at this." she continues as she brushes loose strands back behind her left ear, "Look at the heading: 'Trial by Peer ... Lord Elmix - January 1458.'"

"January 1458." She repeats, pointedly allowing a pause as she casts a lingering glance to each of the Judges.

"How long is the House of Lords going to drag out these proceedings to determine if Lord Elmix should be punished for basically calling Seigneur Arthur a name?" She laughs softly through her nose, "Even Seigneur Arthur's mum would have simply told him to get over it by now! May we get on with this sometime soon or attempt to reach some type of settlement so that those of us with more important things to worry about than Seigneur Arthur's delicate sensibilities can get on with our lives?"

[arthur_loxley]

Lord Artur le Breton's visage is in the doorway for a moment. Is he present, or is this some shade with a likeness of him? The man is not clearly visible, though the clothing and bearing suits the man.

"Your pigeon, I believe." his upper lip frowning slightly as he sets aside a caged pigeon near Chris Braveheart's cloak.

"I'm here for just a moment so that I may be formally present for casting the vote. Should our distinguished peer Lord Chris Braveheart choose to accept the nomination to stand as Chief Juror for these proceedings, I officially cast my vote as a juror for him to hold that position." A courtly motion of thanks to Lady Jennet in recognition of her already presenting his correspondence. He turns to Lady Millicent's presence representing Lord Degas.

"May I offer to the Counsel for the Accused that, as I'm sure she is aware, it is not the plaintiff nor the accused that bear responsibility for many of the considerable delays this Trial by Peer has already faced and been extended by. The lack of candidates interested in accepting a slot on the bench when the former Chief Juror stepped down and vacated her place on the panel no doubt played a role, as did many other delays for many other reasons that the two principals of this Trial by Peer had no role in.

I second a motion for a recess."

Clouds pass over the halls of Westminster, shadowing where the Baron of Cannock spoke from once again. The tidings seem to indicate the presence may not be there for long if it even yet remains.

OOC: The ship I'm on has found itself back within English forum waters once more. That's the opposite direction of where it should be going, but I'm taking advantage of this moment of access to enter this post. I cannot guarantee being able to post again.

[arthur_loxley]

turning to Lord leBreton...

Thanks for the return of my pigeon and even more thanks for me not finding him on some swashbuckler's table roasted to death! laughing

Turning to the rest of the Jurors...since 3 of you have put me up for slaughter and I can't very well vote any of you 3 into my position unfortunately with just myself and Lord Aandra's vote....I with all instinct to run out of this room screaming before I get led to slaughter...I hesitantly accept the position of Chief Juror and swear to further conduct these hearings as fair and by rule as is possible by Jah's guidance. However......I will remember this...and will just say payback is due for you all in due time. gives an evil smile to the Jurors gathered

Turning to Dame Millicent and Lord Elmix. I have sincere empathy for your frustration as this trial has been fraught with delay after delay and justice seems to come slow which is something the House will have to review after these proceedings are completed. I have exited this room on so many occasions to put away bottles of wine with the Regent due to frustrating delay that it is a miracle that I am sober here today. But I am and we are faced with what we are faced with...a Lord Juror and the Lord Prosecutor both at sea. Our choice is to proceed with a trial without them which will accomplish nothing but further delays or to recess until such time they return to complete the trial. I have personal disagreement with anyone involved in a trial choosing to leave England and not see the trial completed, but in some fairness to them, this trial has been delayed beyond belief already pushing their voyage back. Thus, I can't hold either of them legally responsible here as a Juror for their voyage even though I might disagree with it on a personal level.

So, with my sincere apologies....I have heard a motion to recess until such time Lord leBreton and Lord Loxley both have the ability to be here with us to participate in this trial and I have heard a second motion as such.

What say you Jurors to the motion to recess? Aye, Nay, or Abstain from voting.

[arthur_loxley]

Aye, for we can hardly conduct a trial when one of the parties involved is unable to be here.

[arthur_loxley]

And i was hoping for a speedy trial M'Lord Braveheart

The evidence before us is clear, Lord Elmix in his utter frustration to perform his duties as a General, and move his armies to defend England and her Counties from Rebels and a feared Scots invasion, called lord Loxley Tudor a"Worm", who took it as insulting and therefore behaviour unbecoming a Peer .....

We are not here to discover if "worm" is in-fact an insult, but if it is in fact sufficient for "Scandalum Magnatum levied by Lord Arthur Loxley."

From what i read here within the trial Lord Elmix still considers the name,
suits....

so Guilty of calling Lord Loxley a worm...... ??
yes ... now slap his hand ask him not to be so blunt in his opinions as it is unbecoming of a Lord of the land ......

[arthur_loxley]

Keeping a stiff upper lip and not revealling his reaction to words of other jurors, Lord leBreton simply offer "Aye to the motion for a recess."

He then adds grimly, "I remind my fellow jurors that the charge of Scandalum Majorum levied is a grave charge, and not offered in the vein of humour for our panel to make light of. "

[arthur_loxley]

We have 2 ayes for a recess. Any others?

And indeed, Lord Aandra, I would recommend firstly that you read the instructions of the Lady High Chancellor as to what this trial is convened for as it is not convened to determine if we should recommend a punishment for the use of any word used, but whether or not Lord Elmix's behavior rose to the level of the definition of Scandalum Magnatum as given to us by the Lady High Chancellor. Since that is the charge that was levied, that is what this Jury shall determine and nothing further outside of the rules given to us. Also, you will be allowed to ask your questions to both parties when we resume back to the heart of the trial and finish with the business of the Jury so do not fear, I will give you plenty of opportunity here.

And just a general reminder to all Jurors that Jurors are to refrain from discussing the matters of this case, including their opinions until all the evidence is presented before us and to have a clear and open mind to both parties in this case until the very end of trial. That would include any comments or discussions of opinion within these Chambers.

turns to the Jurors to see if any remaining Jurors wish to cast a vote for the Motion to Recess...

[arthur_loxley]

Darien watched the discussion unfold in front of him and then after Lord Chris had finished speaking Darien stated "in fairness to due process I vote aye for a recess until the Jury is all present, we can be called back when everyone is present and in the meantime we can go about our lives".

[arthur_loxley]

Having heard from a majority of Jurors in the affirmative on the Motion to Recess, this Trial by Peer stands in recess for an undetermined period of time. The moment Lord LeBreton and Lord Loxley can return to this Chamber, I would like to be notified and I will send a pigeon to them at sea as to that effect. Upon hearing of their return, I or the High Chancellor will give 24 hour notice to all parties and Jurors involved in this case to reconvene. It is my utmost regret and apologies that this is the events this case has taken, but I see no other choice and for the record my vote would have been Aye on the Motion to Recess as well.

I will remind all Jurors to not discuss the details or opinions of this case to anyone during this recess. Should such be discovered, possible actions allowed by Charter would be enacted. This case is a serious matter and should be treated as such as you would expect should you be standing in the Lord Plaintiff's seat or the Lord Defendant's seat.

As to the Lord Plaintiff, the Lord Defendant and his Counsel. I would strongly urge each of you to refrain from further comments regarding this case, but that is your choice and you alone are responsible for your words which may be used against you during the course of this trial. Again, I would ask that matters involving the details of this case remain here though feel free to make any comments regarding the process of a Trial by Peer should the topic be brought up. Again, this is just a strong recommendation from me as your Chief Juror to protect you in this case and you can take my advice or you can ignore it. I hope to see you all again soon so we can finally come to a conclusion to this trial fraught with unfortunate delays.

Lady High Chancellor, thank you for your service to this Trial and I appreciate your leadership here. My desire is to conclude this Trial by the end of your term, but with elections pending, I am unsure of that becoming a reality.

This Trial stands adjourned until further notice.

[arthur_loxley]

Darien nodded at Lord Braveheart's words and starting packing his notes together so as to keep them safe.

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