Kuttenberg Court Book Lore Books

Description

One of the copies of the court book from the Kuttenberg Rathaus. It contains a list of municipal laws.

Text

Court Book
Libri Iudicialis

This law has been long established and honoured since the times of the early Premyslid princes and kings. The townsfolk within their walls and a mile beyond may adjudicate both disputed and undisputed matters. This was granted to them by the king’s blessing, and no one should deprive them of this right unless it pleases the king himself. And whoever has a dispute and is dissatisfied with the judgment of the townsfolk may appeal to the royal land court.

The court should always be conducted with seriousness in a proper place. Anyone who disrupts the court should be expelled, even if it is the accused themselves.
The court does not prove the law but finds it by assessing all known facts.
The court should consist of several good men, but always at least three, who will decide in agreement under oath. If they cannot agree, the decision should be made by the chairman of the court, on whom they first agreed, whether it be the bailiff, burgmeister, magister legum, or a well-respected man in the community. To this end, he should be allocated up to two days if further witnesses need to be heard or a spiritual vigil performed.

• If there are any witnesses, they should all be heard, provided they are good and reputable men, a maiden testifying to her honour, a foreigner vouched for by someone, or a serf speaking about their lord.
• The accused must not be unnecessarily tormented or endangered to the point of requiring interrogation under torture. The accused may bring witnesses to speak in his favour, and if such exist, the court should summon them to appear.
• If the accused is a cleric, their bishop, prior, or abbot should be summoned to consent to the trial or to bring the matter before divine law.
• If the court rules in favour of the accused’s innocence, they are by royal authority freed before the people and cleared of the act.

Here are written all the known capital judgements and other punishments. Crimes of disputed law are divided into violent felonies, simple felonies and further into robbery, theft, taking or damaging another’s property, defamation and sinful fornication. Other crimes are known to the indisputable law and the law of the land and royal court.

I: Violent Felonies
Murder or killing for vile reasons, where two good witnesses do not testify that it was done to prevent personal harm, will be punished according to the nature of the crime, both in life and body.

• If this occurs outside the city walls but the victim is a townsman, the culprit will be pursued as if the crime had been committed within the city.

• If the culprit sincerely regrets their deed, compensates the damages, has a mass said, or erects a penitent symbol, their punishment will be reduced.

• If coercion in tortura was used to obtain a confession, this will count against the culprit.

• If the culprit used an especially vile method, such as poisoning, mistreated the body, or otherwise dishonoured it, this will increase their punishment. Their dead body will be further quartered and buried in unconsecrated ground.
  II: Felonies of Robbery
  All robberies and poaching, if they did not cause harm to life, will be punished by fines, whipping and the pillory. Severe deeds will be punished by branding. Whoever continues to commit evil deeds with the brand shall be sentenced to death.
  III: Theft and Seizure of Property
  All thefts of property, serfs and domestic animals will be punished by fines, whipping and the pillory. Severe deeds will be punished by branding. Whoever continues to commit evil deeds with the brand shall be sentenced to death.
  IV: Fornication and False Testimony

• Whoever sinned in fornication with another man’s wife or maiden shall be whipped and banished from the town, the woman then being displayed in the pillory. If both acted voluntarily, they shall be whipped, branded and banished from the town.

• Whoever maliciously spread falsehoods about another or gave false testimony in court shall pay a fine or be whipped and displayed in the pillory.
  V: Other Offenses

• Whoever’s beast injures another person shall be whipped unless they compensate for the harm and healing with a fine.

• Whoever resists inspection by the town watch shall pay a fine or be displayed in the pillory.

• Whoever endangers others with a weapon shall pay a fine or undergo whipping.

• Whoever in the town or village does not carry a light from dusk till dawn shall pay a fine or be displayed in the pillory.