Lawsuit between 1457-03-27, Aasha and County Palatine of Chester

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Lawsuit between 1457-03-27, Aasha and County Palatine of Chester Empty Lawsuit between 1457-03-27, Aasha and County Palatine of Chester

Post  Aasha on Tue Mar 02, 2010 5:59 pm

Bill of indictment

Honorable Judge Vidra,

I come before you today to charge Aasha with crimes against the state in an Act of War in the County Palatine of Chester in the manner of involvement in an unsanctioned and illegal army, under the Chester County Military Powers Act 1456, Acts of War and the Consequences of Such Acts, Part 2A.

It is to the belief of the Public Prosecutor's office of Chester that Aasha did join the unsanctioned and illegal army 'Holywell Defense Retinue' and was seen in this army on the 19th of March 1457 near the town of Holywell in Chester.

The relevant law states:
Chester County Criminal Law Act 1456
6. Crimes Against the State
1. Anyone found guilty of a Crime Against the State is to be sentenced under Section 9 paragraph 2 of this Act. Where the offence has lead to the loss or misuse of monies or goods, restitution may also be applied as specified in Section 10 of this Act.

2. The offences that are considered Crimes Against the State are as follows:

a) Traitorousness. Traitorousness (or Treachery) is the Act of revolting or inciting a revolt against the lawfully elected Regent or County Council. An individual may be charged with either High or low Treason.

i) High Treason - the act of rebelling, raising, attempting to raise or inciting others to raise any force against the rightful Ruler or Regent of England.

ii) Low Treason - the act of rebelling, raising, attempting to raise or inciting others to raise any force against the rightful County of Chester .

As this case is one of many pertaining to the involvement in an unsanctioned and illegal army, the following laws also apply:

9. Sentencing
10. Offences committed by pairs or groups of individuals may at the discretion of the Public Prosecutor be tried as Acts of War and the perpetrators sentenced accordingly. Offences to be considered as Acts of War would be, but are not limited to, concerted acts of revolt, sedition leading to a concerted revolt, road blockades, actions by armies or militia or other counties and nations, any offence carried out by more then one person where at least one person is a known member of a criminal organisation. The penalty for the commission of an Act of War is contained in the Chester Military Powers Act.

Chester County Military Powers Act 1456
Acts of War and the Consequences of Such Acts

1. An Act Of War is deemed to be the revolt within or the assault upon any town of Chester by any group or groups of individuals not authorized by the Duke in the overthrow of an illegitimate council or mayor, that is one not voted in by the people of Chester, or the stopping and/or the unauthorized assault upon travelers by any group or groups of individuals.


The following is evidence of the said illegal action:

https://i.servimg.com/u/f80/12/80/75/53/battle11.jpg

Jah bless England , Jah Bless the People of Chester


Aasha's First defence pleading

After talking to everyone she could, Aasha finally appeared before the judge. She was nervous, the words she'd been advised to speak were ones she wasn't sure she could say properly, and still be understood, but she knew she had the truth on her side, regardless of what was being presented against her. She'd done nothing wrong, in fact, been attacked without provocation, yet unlike her accusers, she hadn't brought charges against them, instead, choosing to show honor in defending her family.

Clearing her throat, she hid her nerves, bowed to the judge, and began to speak;

Yer Honor:

The Bill of Ind'ctment I was pres'nted wit' indicates that I am charged with an Act of War for joinin' an "unauthor'zed and illegal army," but the evid'nce yer presentin' and the Legal Corpus sections quoted do not prove or apply to that charge.

First, the "Acts of War and the Con...conseq...conseq'nces of Such Acts" quoted law proh'bits revolts or attacks against Chest'r County Palatin' or one of its towns. This army did not, however, attack anyone. In fact, there is no evid'nce to suggest that was the purpose of the army. The only evidence presented as so-called proof of violat'on of the "Acts of War and the conseq'nces of Such Act" law is a screenshot provin' nothin' more than my army was attacked by the County Palatin' forces!

Since the prosecushi'n has failed to provide even weak evidence to suggest that the army attacked or was intendin' to attack County Palatine terr'tory, I do not see how I can be convicted of violatin' the laws quoted in my Ind'ctment.

Thank you.




Icey Grave's (Sir Julien Delval) Witness statement:


"Your honour. I fail to see how the defendant can be in any way charged with public disorder. Indeed she merely banded together with a group of friends to protect herself against a threat of great magnitude. When we heard that the county was under possible attack none of us ever saw that it could come from such a heinous source. For the sun, dry and parched as is it, has come to burn us unsuspecting citizens who merely wish to defend themselves. As with everything it touches, it wizens it and makes it brittle.

From what I saw the good Aasha was creating a new and wonderful order within the chaos of nature. Her group regularly wandered the meadows picking flowers to give to old ladies, rescuing kittens stuck up trees, and indeed even mending fences and shutting open gates! If they occasionally disappeared off into the shadows of bushes to hide from the sun and practice some sword work, such is also blessed in nature. She in no way created any disorder, choosing (as is in her character) to return the world around her to a more ordered and upstanding state. In fact since the Lady arrived I have seen the menfolk of Chester swell with pride. Is it not natural to stand to attention and salute when a Lady of Cym-le-Buns such as this enters the room?

So if you must charge her with anything your honour," Grave tugs his forelock in respect, "You should charge her with Public Order and Decency.

I thank you and will now retire to the back of the gallery with the lovely Mackenziegael."


Mackenzie Gael's witness statement:

Smiling, Mac stepped forward. She met Vidra's eyes with a sparkle and grinned.

"Yer honor, I stand 'ere before ye today to speak o' the goodness in Aasha. While I ken the army in Holywell was un-sanctioned, it was not by our laws illegal. There was cause for concern regarding an imminent attack. I believe the ones raised in Chester were as well. Wasn't that why they were raised?

I ne'er saw any documentation posted at the castle stating there was a "sanctioned" army in town, so surely they both were outlaws, both formed to stave off this threat of imminent attack.

If'n Aasha was led into the army by her fiance surely ye canna hold it against 'er for following her love. The lass is very young. She's nay but a bairn gently turned from her mother's breast and stubborn as a brick wall created with the most precise of hands. If'n her man were in battle, I believe the lass would follo' 'im off a cliff."

Grinning her eyes drifted over to Aasha, taking in her firm stance and the hard look in her face. Looking closely, she could see the worry carefully masked. My the lass had matured in the last couple of months since she'd seen her in Shrewsbury. Matured if not grown for she was still a wee bonnie thing. "Your honor, if'n ye dinna mind, may I also point out how wee the lass is?

Why, she barely stands to me waist!"

Mac held her hand out to her side grinning, "Even if'n she did join an army truly how dangerous could she be? Surely even a lad of tender years could take her on." Her eyes quickly shot to Aasha, praying the lass didn't take offense at her words.



Prosecutor Indictment


Your Honor the creation of the army was itself the act of war and all members of it are guilty of said act of war the defendant knowingly banded together with others knowing they would be formed into said army



Aasha's Last defence pleading

Aasha listened as both Grave and Mac spoke for her. Her eyebrows rose into her hairline at the words offered by Mackenziegael, why was it that everyone always had to bring up how short she was? It wasnít her fault everyone else were so abnormally tall. Now was not the time to deal with that though. She turned back to the judge as she was told she could present her final defense.


Yer Honor,

Before I says much else in my defense, Iíd like to be bringiní up a concern regardiní impropír procídure.

Yaíll brought this charge Ďgainst me morín 7 days after yer alleginí I committed a crime.


*Aasha digs the laws of Chester out to show the judge*

Chester County Criminal Law Act 1456
1. Introduction
6. No charge may be lodged more than 1 week after the alleged crime with the following exceptions:
a) Charges of revolt where the accused has been successful and it has taken more than one weeks for the rightful council to regain their seats.
b) Grant Fraud by any person capable of writing grants only discovered after the incumbent has left office.
In these and similar circumstances charges must be laid within one week of the discovery of the crime or within one week of the return of the ability to lay charges.

Neither one of them exceptíons applies in my case. That means yer not Ďposed to be charginí me morín a week after yer alleginí I did somethiní. Yer sayiní it happened on the 19th, aní brought it here on the 27th. Yer Publíc Prosecítor had times to makes a case Ďfore then, aní didna.

From what Iím unnírstandiní, this case shoulda been ruled a mistrial aní dismissíd due to the error of procídure by the office of yer Publíc Prosecítor.

In the event yer not grantiní one, Iíll goes Ďhead aní tells ya my plea, since thisíd be the lasí time I ken speaks in yer court.

To the charge of Publíc Disorder: I plead Nae Guilty!

The Publíc Prosecítor dinna enter no evidínce in the Prosecítor Indictment or the Bill of Indictment to me beiní publícally disorderly. What he did shows was that I was a victim forced to defend myself Ďgainst a killer army. How this falls unnír public disorder, I ainít sures, but Iím lucky to be standiní Ďfore ya alive today.

Holywell Defense Retinue was formed special cuz the mayor of Holywell went aní publícally said there was threat of an immídiate attack. I ainít one what ken stand idle after heariní that from Mayor Tazatron, so I joined the army to stand with my love Ďgainst those whoíd be threatiní Holywell. It has been stated that an act of war was declared onto Chester due to the recent failed revolt in Chester.

*Aasha digs for Chester law again*

Chester County Military Powers Act. 1456
Military Operations within Chester County
2. In this case, appropriate authorization is an edict from the Regent, Duke of Chester or the County Captain acting under authorization from the Regent or Duke of Chester. An army may be raised by individuals in the defense of Chester only if a declaration of intent to commit war or warlike acts is issued by another party or an act of war is carried out.

I joined the army to defend the town of Holywell due to the warlike acts in Chester. I asked a buncha foks to Ďxplain what the law meant before I did nothiní, aní was tole the law dun say that an unauthoriíed army is illegal. Aní it dun says that forminí one or joininí one is an Act of War. So even ifín it were unauthorízed on March 19th (which i ain't saying it is!), it werenít illegal. Aní the army what attacked us, Northern Alliance 1st Division lead by Helius, werenít authorízed neither.

*Presents a copy of the law again*

ďActs of War and the Consequences of Such Acts
1. An Act Of War is deemed to be the revolt within or the assault upon any town of Chester by any group or groups of individuals not authorized by the Duke in the overthrow of an illegitimate council or mayor, that is one not voted in by the people of Chester, or the stopping and/or the unauthorized assault upon travelers by any group or groups of individuals.Ē

The Holywell Defense Retinue didna do actions towards travelírs, citíens or any of the towns in Palatiní of Chester. We hadna heard no defensíve instructions by the Captain, Duchess, Constable, or Mayor of Holywell calliní fer us to defend the power. No revolt was made sos No Act of War has been proved.

Yer evidínce shows that the Holywell Defense Retinue was attacked by anothír unauthorízed army while we was sittiní outside the gates of Holywell. I was only defendiní myself in the Holywell Defense Retinue after being attacked. How ken I know that the town of Holywell was nae unnír attack? The Duchess, Captain, and/or Constable hadna issued no edict giviní authorízation to any armies inside the county of Chester. I was tole there was morín one army, that Helius was leadiní one in Chester called the Northern Alliance 1st Division. Their intent was not published or known.

https://i.servimg.com/u/f80/12/80/75/53/battle11.jpg

The charges of High Treason dun apply to the alleged actions of March 19th. At nae point did I rebel, raise a force, or attempt to raise a force agaínst the rightful ruler or Regent of England.

The charges of Low Treason do not apply to the alleged actions of March 19th. At nae point did I rebel, raise a force, or attempt to raise a force agaínst the rightful County of Chester.


ďi) High Treason - the act of rebelling, raising, attempting to raise or inciting others to raise any force against the rightful Ruler or Regent of England.
ii) Low Treason - the act of rebelling, raising, attempting to raise or inciting others to raise any force against the rightful County of ChesterĒ

Agíin, I will say that the Holywell Defense Retinue dun do no offensive actions against any traveler, citizen, or town of the Palatiní of Chester.

I stand here today as a victim of the unauthorízed army lead by Helius. His careless displíy of force kilt many people, causiní me among others undue hardshíp aní worry. Why, Iíve been workiní tireless since jusí to keep my love alive after he was hurts so bad by that horríble attack.

_________________
Lawsuit between 1457-03-27, Aasha and County Palatine of Chester LarsampAasha_zps19e05fde
Why have a Knight in shining armor when you can have a Viking in bloody chainmail?
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Post  Aasha on Tue Mar 02, 2010 6:01 pm

Case dragged on for well over a month with no verdict. Aasha and Donnor moved to Ireland...then the mails began:

Lady Aasha
Please allow me to introduce myself, I am Llewylyn of Holywell and the new County Judge of Chester. I can see from our courts that you have an outstanding trial with your good husband and I would like to approach you and your good husband to see if we can come to justice in such a way that all may be served.

Allow me at this point to congratulate you on your new home, may you find happiness and piece there, and it is my wish that you may live without having old troubles haunting you.

I await your reply

Your respectfully

Llewylyn of Holywell

_______________________________________________________________________

****basically asked him what he had in mind*****
_______________________________________________________________________

From : Llewylyn
Date : 2009-05-12 19:39:01
I know you have waited a long time, and for that I am truely sorry. I would also not wish you or your husband to have to wait any longer.

I am at present looking at the final entry on your cases, and I would like to suggest the following.

*If* you changed your plea to Guilty then I can show lieniency to the full extent of my power:

I propose that there should be no sentance other that the time you have already served in Holywell.
That there should be no fine other than the money spent while held in Holywell.
That you plea can not be used as a precidence to convict any other person awaiting trial and the matter to be closed.

M'Lady, I do not wish to insult you or you good Husband who I recall drinking with in Holywell tavern and likeing. So please keep in mind I am trying to find a solution to your problem and the outstanding case.


Yours

Llewylyn
_______________________________________________________________________

Yer Judg'ness,

I ain't seein' me acceptin' no plea nae when I didna do nothin' wrong. If'n yer wantin' a simple solut'on to the case, it'd be to dism'ss it. Nae to be askin' me to say I'm guilty of somethin' I ain't.

An' ken ya tells me how I'm guilty of publ'c disord'r?

If'n ya read the case, yer prosecut'r didna prove that I did nothin' wrong, nor did yer prosecut'r prove my husband did nothin' wrong.

We was the ones what was attacked my husband kilt an' me swung at we didna do nothin'.

I'll be waitin' on ya to say I wasna guilt, or sees ya in CoA.

~Aasha

(btw...I am speakin' fer Donnor as well)
_______________________________________________________________________

M'Lady

Thank you for your responce and it is unfortunate that this could not be resolved this way.

I still wish you both the best of luck in your new lives and hope to conclude the case as fast as possible that you can continue with your new lives.

May I ask when Donnor will be returning to Chester so I can set a date for the Trial by jury he has requested, I will attempt to do my best to ensure the dates match.

yours

Llewylyn
Judge of Chester
_______________________________________________________________________

Judge Llewylyn,

I'm guessin' ya didna talk to Vidra 'fore he left office bout what was said regardin' Donnor's cases. He has 3 cases 'gainst him rights now. Two is the exact same charge, which is against kings edict. He wrote an' asked that the dupl'cate case be closed, an' gave permiss'on fer that to be the one where he asked for trial by jury.

As ya know, we lives in Ireland, so when we ken gets back to England...well...yer guess is good as mines.

~Aasha and Donnor Tudor
_______________________________________________________________________

From : Llewylyn
Date : 2009-05-12 20:58:08

M'lady

Ahh, I was left no message from the previous Judge on this matter and I had already noticed the mistake on the trials.

I have not yet decided on which case to remove from court but I will make a note of your Husbands request for it to be the Trial-by-Jury.

yours

Llewylyn

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Lawsuit between 1457-03-27, Aasha and County Palatine of Chester LarsampAasha_zps19e05fde
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Post  Aasha on Tue Mar 02, 2010 6:03 pm

Judge's Verdict

Mistress Aasha

After careful deliberation of this court, with respect to the charges brought against you by the Office of the PP for the crime of 'Act of War', and with use of https://i.servimg.com/u/f80/12/80/75/53/battle11.jpg which clearly shows you as a member of an Army called the 'Holywell Defense Retinue'. Under Chester Law
Chester County Criminal Law Act 1456

9. Sentencing

10.Offences committed by pairs or groups of individuals may at the discretion of the Public Prosecutor be tried as Acts of War and the perpetrators sentenced accordingly. Offences to be considered as Acts of War would be, but are not limited to, concerted acts of revolt, sedition leading to a concerted revolt, road blockades, actions by armies or militia or other counties and nations, any offence carried out by more then one person where at least one person is a known member of a criminal organisation. The penalty for the commission of an Act of War is contained in the Chester Military Powers Act.

This court finds that the Holywell Defense Retinue existence in Holywell and its formation is an action by covered by this Law as the defence offered no proof to the legal formation of the army, I therefore find it an Act of War, to be sentenced as a Public Disorder an action 'against person, property and common welfare'
Chester County Criminal Law Act 1456

9. Sentencing

4. The basic awards for crimes against person, property and common welfare are as follows:
1st Offence £50 fine and/or 1 days Jail
2nd Offence £100 fine and/or 2 days Jail
3rd Offence £150 fine and/or 3 days Jail
Subsequent Offences £150 fine and banishment

5. Theses are the basic levels of reward. For each level the player has attained the punishment will be raised by that factor. So a level 3 player would have his reward multiplied by 3, a level 2 by 2 etc. Level 0's are not to be fined or jailed, just remanded by letter and helped with their errors.


I therefore find the defendant Aasha to be guilty of Act of War and as of this, the 15th day of May 1457 and sentences to two(2) day in Prison and a fine of one hundred (100) pounds.

*Judge Llewylyn bangs his gavel*


Special note: Donnor was sentenced to a 1 pound fine and NO jail time and he was the one who actually formed the army. Aasha's sentence was later overturned in the court of appeals, with monies from fines and loss of stats awarded to her.

_________________
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