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

[arthur_loxley]

laughing

That is the goal Lady Maladicta...now whether that is possible for more than a day or two remains to be seen. We haven't had much luck.

[arthur_loxley]

Lord Arthur wearily made his way back to the court room. He had so hoped that this trial would have been over before his first excursion upon the high seas, but it was not meant to be. Too many delays and not enough seriousness extended in court by all parties, but what could he do? He had gotten a quick update just recently, just to find out that one witnesses hadn't even appeared, and after reading the court transcripts, was disappointed that the focus seemed to be on the disparaging remarks to his character rather than the whole of his charges. No one had even touched upon the assassination plot against him, one that Lord Elmix had admitted to, even going as far as reiterating his threat upon Arthur's life. He also noticed some inaccuracy in his communication with the Lady High Chancellor, but couldn't be bothered to correct it at this time.

Arthur slid into his seat, looking back towards the galley where his wife patiently sat, giving him silent support just by her presence.

[arthur_loxley]

Welcome back to the Judges Chambers everyone...

Lady Ophelia, have you made yourself aware of the proceedings and are you able for us to continue our proceedings here?

[arthur_loxley]

Lord Artur le Breton also steps forward, entering chambers a little later after Lord Arthur Loxley has entered.

He leans over to read an official transcript the trial by peer's secretary has been recording, and forms a frown as he looks over. A clearing of his throat and then he speaks,

I see that the Lady High Chancellor has chosen to move the proceedings forward by deciding to accept my offer without actually communicating to me that she did choose to replace me as a member of the Jury of Peers. I was not advised of that action until my own eyes read the transccript here, now. My correspondance included the information that my reappearance would be at the same time as the complaintant, Lord Arthur Loxley's, and so noted that it would not in fact speed up the process by replacing me.

A deep breath follows.

And as my fellow Peers can see, my statement was correct. I have returned upon the same day as Lord Arthur Loxley has returned to this trial, and no testimony or statements by witnesses have been presented in the mean time. On English soil I am now, no longer attached to any vessel as crew. One wonders just how far the proceedings would have continued without the presence of the complaintant nor any counsellor representing said party. My understanding of civil law proceedings, and indeed this is not a criminal case, led to the conclusion that in fact it could not and so any absence of a juror that corresponded to the absence of Plaintiff delays a case no more than the absence of the complaintant alone does. He nods.

And so I am prepared to continue as a Peer seated as juror, with no need to waste time getting caught up with all that has gone before, or if the Lady High Chancellor's declaration is maintained I will promptly make my exit as I would have no further proper role to have standing here. Thank you.

And with that he stands for a moment, waiting for a response near the door, not having taken a seat on the bench.

OOC: I offered to resign if it was felt that would speed up the trial by peer proceedings. I did not tender an actual resignation. No PM or in-game mail reponse to me followed.

[arthur_loxley]

turning to Lady High Chancellor Jennet...

Lady High Chancellor, I leave the decision completely in your hands whether to allow Lord LeBreton back on the Jury or proceed with Lady Ophelia who has not appeared yet here in these halls. My sole wish is that we continue this trial so we may conclude it in short time as we are extremely near the end and I have an obligation in mere days that will delay the trial if it is not completed by then and everyone involved has endured enough delay in this trial.

[arthur_loxley]

Lady Ophelia made her way to the proceedings. She entered as quietly as she could as she could hear that discussion was currently underway. As she was directed to a place she took in the Prince's words. Waiting for him to finish, she stood up and announced her presence, "My apologies, the trip to London took an inordinate amount of time. If the Lady High Chancellor would like me to remain to complete the trial, then I ready to be seated as a juror. Alternatively if she would like me to cede in order to make way for the return of Lord LeBreton, then I am ready to return back to my fellow soldiers in the field."

[arthur_loxley]

Lady Ophelia, thank you for your presence here, and Lords Arthur and Artur, welcome back to English shores. I am glad that your journey was a safe, if a rather lengthy, one.

My lords and ladies, the issue at hand is a procedural one. After careful consideration, it was determined that this hearing could proceed with the absence of Lord Arthur as complainant, as we were mostly questioning other witnesses and preparing for deliberations. However, we could not proceed without one of our jurors. After sending to both of the gentlemen in question for their input, my determination to replace Lord Artur as juror was based on his assertion that additional stops in Scotland were likely. My first indication that this was not so was when the Escandalo showed up in Holywell Harbor. At that point, Lord Artur had already privately offered to resign as juror and Lady Ophelia had already accepted. The announcement was officially made in these chambers on June 13th.

Procedurally speaking, once a replacement on a jury has been made, the decision cannot be unmade. No private communication confirming this decision was necessary as the announcement was made publicly, though I had intended to notify Lord Artur once Lady Ophelia had been seated and deliberations had once more begun, as a courtesy.

So, as time is of the essence, Lord Artur, I am certain that this panel appreciates your diligence and your service in this matter. Your resignation has been accepted and you are free to go. Lady Ophelia, thank you for agreeing to sit as replacement juror. Please communicate any questions you have as quickly as possible, since we are all eager to finish this trial and return a verdict.

Prince Chris, I now leave the matter of the completion of this trial in your hands once more.

[arthur_loxley]

Then we shall proceed as is the ruling of the Lady High Chancellor.....

Welcome Lady Ophelia. Do you have any questions for myself or the Lady High Chancellor on any matter that has happened before your arrival here?

And, all Jurors, this is your last opportunity to call for witnesses. If there is no call, we will go into immediate deliberations.

[arthur_loxley]

Upon hearing Prince Chris Braveheart's questions, Lady Ophelia gave pause for a moment to consider. She rose to her feet and answered, "I have been thoughtfully provided with transcripts of the precedings, which I shall of course familiarize myself with. Therefore I have no questions of your Highness, nor of the Lady High Chancellor at this time. Thank you."

[arthur_loxley]

Excellent Lady Ophelia.

Hearing no call for further witnesses, the Jury will now move into deliberations where we will begin discussing the case.

The laws regarding our deliberation:

viii. At the conclusion of the trial each member of the jury shall post his or her recommendation publicly to the trial thread. The Chief Juror shall in addition provide a summary of the evidence. The Jury shall be granted two full days to do so.

ix. The case shall be decided by the majority opinion. If no such majority is evident, the Jurors shall be given a further two days to discuss and produce a joint opinion. Any Juror not in agreement with this majority opinion may publish a dissenting opinion.

The charge of the Jury is Scandalum Magnatum and that is the ONLY matter we are to consider. In our judgment, if we feel that other charges are better suited or should be added to this charge, then I will personally see to it that the Lady Gentleman Usher of the Black Rod receives a recommendation from the Jury to proceed with additional or alternative charges.

Here is the information on Scandalum Magnatum we are to use in our deliberations:

Scandalum Magnatum

1. Definition
Any peer found to have harassed, demeaned, insulted or slandered another by language which is both false and malicious, insulting, inflammatory or vulgar and for the purpose to create discord which may result in danger to the Realm.
2. Procedure
A Trial by Peers will be convened to hear a charge of Scandalum Magnatum.
3. Denouement
Any peer found guilty shall be excluded from the House of Lords and all its deliberations. Any charges of Scandalum Magnatum determined to be unfounded and made with malicious intent shall result in the same exclusion. Exclusion from the House of Lords will be at the recommendation of the Jurors of the Trial by Peers for a period of time (30 days or 60 days) or a recommendation to the Crown to attainder.

Now, your thoughts Jurors on the question of whether Lord Helius' actions have risen to the definition of Scandalum Magnatum as strictly defined above. What are you initial thoughts on the matter?

I shall be summarizing evidence as is required of me in my duties as Chief Juror.

[arthur_loxley]

Frowning "I challenge the Lady High Chancellor to produce a private communication issued in my trip where in fact I stated I am offering to resign. To be precise, my words were that I would not protest the Lady High Chancellor's power to remove me from the panel if it would speed up the trial. I myself rendered no such offer of resignation. It seems accuracy is not a highpoint in her words."

Forcing calmness within himself, he turns to Lady Ophelia. "My apologies, m'dame. Peace be with you and your service here within to the Peers." A nod as well is offered to the Chief Juror, Lord Braveheart.

And with that, he adjusts his cloak and departs from the chambers.

OOC: I give full permission for any such communication in-game or PM to be displayed.

[arthur_loxley]

Chris had been stressed with the War lately and receiving a very disturbing missive at his offices and the rigors of defending Exeter when he was away from London overseeing the Trial by Peers.....

Chris feeling a sudden tightening of his chest takes a sip of water to try and quell the feeling. This doesn't work and the pain gets sharper and Chris begins to struggle with breathing a bit. Feeling ill, Chris puts his hand on his chest but this does little to ease the feeling he is having. Getting the Jurors attention...

My Lords and Ladies. Something is coming upon me at this moment and I am quite taken ill at the moment. My apologies but I feel the need to go have the physicians take a look to see what the matter could be.

Chris tries to stand and almost stumbles a bit....gathering his feet Chris begins to leave the Juror's table....

My Lord and Lady Jurors, we stand in recess for a hopefully brief time until I have been seen and am well.

breathless and leaving the Chamber with great labor....

My apologies...I shall.... trails off leaving the Chamber


OOC: I will be going into retreat until July 5th. This is a planned visit out of the Country and wanted to have this trial completed before now but that did not happen. I leave any decisions up to the LHC.

[arthur_loxley]

Watching events unfold and seeing the Prince rush off to the physician had brought a frown to Darien's brow, this really was getting to much and another recess had been called with good reason.

Rising from his seat, Darien looked at the jurors and the accused and said "my apologies but I must ensure Prince Braveheart is well enough to return" and bowing to all he rushed out of the courtroom.

[arthur_loxley]

Mala sighed. This was getting ridiculous and was making a mockery of the whole notion of a Trial. It had dragged on far longer than it should have and she was really fed up of the whole thing now. She did, however, remain in her seat to see what the LHC had to say about this latest hiccup.

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