Dengorin listens to the case being made by the citizens, his eyes studying Kael.
Qazag folds his arms and watches the proceedings silently.
Abalia leaned over to Samuel and whispered "It is plain to see Kael is the main instigator of this. I suggest allowing him to carry the most weight. Have the others work for a period of five years but have Kael work for a period of ten?" She suggested, if they could agree upon this then the two could speak about to together to the rest of the council.
Samuel acknowledges her words with a slight nod and whispers "The times will meet with some debate but it will be discussed soon enough I fear."
"A man's life has been lost. We are also now further back than we hoped. I am sure everyone would appreciate sleeping in a real building once more before long. I acknowledge your words and they will be taken into consideration, you were quite foolish to listen to this man but you have lost a friend. We will break to deliberate soon, however before that happens do any ye have anything more to add? Kael in particular, you admit your guilt but show no remorse, I implore you to take a breath and consider your situation. Sometimes we continue struggling out of bull headed nature but take stock and admit you have erred."
Kael's final act of defiance seals his fate in Dengorin's eyes. The punishment for him would be particularly fitting. The punishment for the others would be quicker, over and done with. No sense dragging it out any more than necessary. It would show that there was both a punishment for crimes and that they were capable of mercy. The people, in the end, would find them to be fair and firm.
"It is clear that we have gained all the information we can from them. Let us deliberate."
Samuel sighs, standing up slowly and wipes the spittle from his brow. For a heartbeat he looks at it on his fingers before speaking again. "It takes courage to admit ones failings, but even when confused a child can throw a tantrum and lash out."
Samuel turns to address the group and the audience, ignoring Kael for the most part but makes sure to keep Kael within his peripheral vision, he wouldn't put it past the brute to try and attack him now, especially with what he just said. "No one save perhaps those in the long past times of myth and legend can build something as great as city and a community alone. If we are to survive in these lands we must work together. We all have different skills and aptitudes in a variety of fields and it is a terrible thing when the greed of individuals diminishes the group. Unless there are more questions to be asked I suggest we deliberate."
"I have one last question."
Qazag turns towards the half-orc.
"Kael. You said you wanted to live free. How did you plan to survive once you had found a place of your own? How would you have lived?"
Varden continues to weigh the balances of what is to come.
Curious, Dengorin observes Kael to hear his response.
"Your silents says more than your words ever could." Abalia told Kael. "Soldiers please removed them while we deliberate, we shall send General Qoroshúk for you once we have settled upon a verdict." Abalia requested.
Once they had been emptied out Abalia looked to the council. "Thoughts?" She asked.
Samuel waits til the room is cleared "I think the average man in that group has been scared off doing something like this again. They lost a friend and are scared out of their wits. Still a punishment will be needed, a period of hard labour, two years with the promise of a reduction dependent on good behaviour."
He pauses for a moment "Kael on the other hand is obstinate and will undoubtedly cause trouble again. I am not sure we can bring him around. I do have an idea for some poetic justice. If he doesn't want to help the colony we give him what he wants. We get a big pile of rocks and get him to move it one at a time from one side of a field to another. Once he has that done he moves it back. It's pointless, he can take no pride in his work or satisfaction in it. It will also isolate him from the other colonists save the guard watching him, his feet and hands being manacled should be no impediment to the task. Some might say it is a waste of effort but I think we'd lose more man power if he was with the others, brow beating them and fostering resentment. But I am open to other opinions."
"An alternate choice presents itself. Kael was the ring leader and will undoubtedly cause trouble. It may be harsh but leave the others off with a suspended sentence and execute him. Stealing a horse is one thing back home but hear the provisions that were stolen are potentially impossible to replace. We don't even know if there are horses here. These resources meant for keeping this colony alive can easily lead to deaths and unknown suffering if taken again. Not a pleasant option but it might be necessary. It also shows leniency towards the others who are actually repentent."
"There must be some punishment for all involved, but nothing lingering. A flogging should suffice for the bulk of them - that way it's over and done with and we can get back to the business of founding a colony. Everyone sees that justice was served, yet they also see we are not too harsh with them. As for Kael," here Dengorin smiles, "he doesn't want to live under the tyranny of the nobility, and he resorted to crime to do it. Execution may be too harsh, but imprisonment would be perfectly acceptable. In fact, imprisonment somewhere he'll absolutely hate would be even better. Let us send a ship back to Beral, with a missive for the King informing we have arrived and begun setting up the colony. Kael shall be sent along, chained in the hold with nothing but bread and water for rations, to be imprisoned within the Kingdom of Beral. He'll be forced to live under the rule of the King - as punishment for committing theft in order to escape the rule of the king. A daily reminder that, had he worked with us instead of organizing others to commit theft, he could have been free over here instead of under the rule of the King."
"You mean to say that he will be imprisoned in a bastion of the King's rule, rather than a frontier area under the King's rule I assume." Samuel isn't being accusatory but is trying to make sure the correct terms of phrase are use.
"Yes, that is what I am saying. My apologies for not making it clearer." Dengorin is clearly not offended, but glad Samuel asked for clarification.
"We don't have anywhere to hold Kael so it may be best to return him to Beral. If we kept him here we'd have to spend more man power just to have him watched." Abalia stated as she shifted in her hair, her left hand rubbing her forehead. "As for the others, I am unsure of using lashing as punishment. Too many may make it to where they cannot work or take care of their families. Which was part of the reason we've returned them to their families no? So if we're going to use that as punishment we need to settle upon how many." She was obviously uncomfortable with the thought of using lashes but if all agreed, and the amount of lashings wasn't too great, she'd go along with it.
"Returning him to Beral may however send the wrong message. If we immediately start shipping criminals back it may have the King and His Council start wondering if the chose the right people for the job. I must admit I would not be impressed if someone I entrusted with something so important immediately started failing to deal with the problems. The more I think on it that execution is unfortunately the most sensible option with regard to Kael."
Samuel runs his thumb along the side of his jaw as he considers. "A small number can be managed with regards to the lashes, especially if Kael is executed. Three should be sufficient, or even less. Suspended and only to be employed if the man in particular breaks another law in the next two years."
Elijah ponders the punishments offered, and thinks about Kael in particular.
When an opening presents itself, his baritone voice breaks in,
I have a plausible, if unorthodox solution to Kael. What if we give him what he wants...exile? We tie him to a horse and lead him half a days ride away from here, and than dump him off with only the clothes on his back, no supplies whatsoever. We tell him he will be viewed as a vagabond, and should we catch him trying to steal from us he shall be dealt with as such. We want everybody be to be happy here...right?! The other poor saps, I lash them once each and call it good, more should he break the law again as Samuel suggests. Besides, the wrath of a wife is much worse than any lash. A lash will heal and fade, but the wife will NEVER let you forget you've done wrong.
"Were these men and women soldiers the penalty I would impose would be severe. But these are not soldiers, nor are they bound to us by any oaths of loyalty or service."
Qazag shakes his head.
"What they did was foolish, and they went into danger they did not foresee, which cost one man his life. But aside from the theft, which they may have felt was a necessity for survival, they have done no wrong. And we recovered all but one of the horses, and almost all the supplies."
"Are the colonists here our servants? Our slaves? No, they are free men and women. If they wish to wander off into the wilderness, who is to stop them? Should we drag them back in chains? Obviously not. We would spend all our time policing the colonists rather than developing the colony. We did not come here to create a nation of bondage."
Qazag scratches his beard.
"So firstly, I propose this:"
"If any man or woman wishes to leave the colony, either by heading out into the wild or by booking passage back across the sea, they may do so. We do not intend to force anyone to serve us. They must follow some simple rules when doing so:"
"First, they must notify those around them that they are leaving so that we do not assume they are missing and take up a needless search. They must not sneak off in the night."
"Second, they may only take with them property they themselves own, and they must pay off all debts first. They may compel no one to join them."
"Third, they must respect that we intend to settle all this land and if they come under our rule again they must accept that rule or move on. Likewise, if they return to our land or meet our citizens they must obey the laws of our land and not resort to brigandage or other crimes against us."
"As long as those conditions are met, I see no reason why a free man may not choose his own destiny. In fact, we may end up getting intelligence about the land around us if some go out on their own and then return. This would cost us nothing, and spare us mouths to feed."
"As to the other matter..."
Qazag sits and strokes his beard, thinking.
"There are only two actual crimes here. One, the theft of the horses and supplies, most of which were recovered. And two, the negligence leading to the death of this man Azer."
"This is our first judicial test, but we must accept the fact that these crimes are relatively minor."
"I do not wish to punish crimes against property with anything other than more property. If Kael stole a horse, the he owes us for the horse, plus some punitive amount that makes him realize it is better for him to simply buy the horse next time. Perhaps double. Since Kael was the leader I propose to make him responsible for the lost property. He must work to pay off these damages. If he has a trade, let him work at that. If he does not, we will find some job for him, and take money from his pay until the debt is paid. After that, if Kael wishes to leave the colony, he may. He may make trouble, but now that he is exposed here others will be wary of him from now on."
"The death of Azer is a more serious matter. But no one forced Azer to come on that expedition. We could lay the responsibility at Kael's feet also, but in this case I believe that many of the participants were emboldened by the numbers of the group. So I would charge some indemnity against the group as a whole, as a penalty for leading Azer astray. this penalty should be enough that those who feel guilty now will see the punishment as fair, but should not be too onerous. If Azer has next of kin they should receive this money; otherwise it could go towards the care of orphans or some other worthy cause."
"It may be necessary to exile Kael. But sending him out with nothing is basically a death sentence that allows him a slim chance of survival and allows us to not have to get his blood on our hands. If we mean to sentence someone to death, we should not evade that. Either send him out with what he needs to survive or not at all."
"We are setting the tone here. Acting like tyrants will make Kael's objections seem valid to others."
"We are all bound in service to the King, we all boarded the ships knowing there would be struggle ahead. Kael and the others quite happily came here on the Kings coin intending all the while to shirk their obligations. Any one of us here is also bound by the same rules if not more so. Aside form Kael they appear remorseful, that is a mitigating factor on their sentences and why some can be justified as being suspended for a period. Theft of vital supplies is a matter of great importance at this critical juncture. The matter of the theft of a horse here is far more important than back home at this stage."
"If we were to go with exile so close I firmly believe he would try to cause trouble again. The more we talk about it the more I must sadly say I feel in this circumstance Kael would be best executed, he shows know remorse inciting sedition and treason even as he stood before us. Let us not try to shift the responsibility onto others but send a clear message. This is not acting like tyrants this is upholding the responsibilities and obligations given to us by our King. Theft of horses, weapons, supplies, all vitally needed. This was not simply a matter of wanting to be left alone, he and we both know that. He did not want to be beholdin to any noble, the council set before this colony by the King, he shows no remorse on this. Unrepentant sedition is what separates Kael from the others. We can not in good faith merely send him on his way with a back pack of supplies and honestly tell ourselves we are doing what the King would want done."
"Even if we chose to send him out after some punishment in exile I would agree some basic supplies are needed, also however he should be blindfolded and taken several days away. If he wants to go it alone, let it truly be alone."
"Hmmm...I see your point regarding sending a prisoner back to the King. A shame, it would have held such a lovely irony. Still, Kael must be seen suffering from a harsher punishment than the others. For the rest of them, let us fine them for the theft but suspend the sentence of flogging for a period of two or three years. They will be hurt financially, and know that if they engage in similar activities then the flogging shall be doubly harsh, to make up for the previous crime."
"As for Kael, while I feel execution may be too harsh in this case, we do not seem to have any other solution than that or exile. I question whether this is truly sedition - he did not advocate our overthrow or try to entice others into doing so - and I do not think it necessary to force the people to love us or consider not liking us a crime. Perhaps we should have him placed on a ship and sailed three days down the coast - east or west, either direction will do. The captain can drop him off somewhere around there with a backpack of supplies and a hunting knife, and he can make his own way to wherever he wishes. He will be sent farther away and we will not have to commit any of our soldiers to a long-range expedition."
"I also agree with the Major - we will issue a proclamation regarding those who wish to leave the colony, stating those guidelines and allowing those who choose to do so to leave. Of course, since they have to tell their loved ones they intend to do so, their wives may decide otherwise, but it is not our place to regulate what goes on between husband and wife."
Abalia gave a small chuckle at Elijah's statement that a wife's anger was more of a punishment than lashing.
"The only problem I have with exile is that he could return or become bandit that will later plague us. We've seen that he is charismatic enough to rally others to his side, and he has a lot of disdain for us. That is a bandit lord in the making." Abalia pointed out. "Wait, we've been worried about where to keep him. The ships we arrived on, does anyone know if they are to remain? Ships have brigs. We could imprison him there till we have a prison of our own." Abalia suggested.
"If we do create a policy for people being able to leave, there must still be a period of say six months where this is not allowed after they have arrived if it was on the King's coin unless previously arranged."
"I asked before we started whether we would be regarding this as theft or potentially treason. He can hate whoever he wants but he's made it clear he has no love for civilization, the point of treason or sedition could be debated for quite a while but Kael is just throwing a tantrum and not engaging and is no longer taking part in any discourse. If it is decided to punish him with execution then it should be a swift clean death, no floggings or other punishments. An unfortunate concern I have with exile though it has potential merit in my eyes is if Kael runs across any native groups will he spread lies and disinformation about us, hampering diplomacy. He seems the spiteful sort that would abide by such tactics."
"Regardless of the punishments we decide, we must present a united front to the people even if it is not the punishment as an individual feel is most fitting."
Evin listened to the back and forth of the rest of the council without interjecting. He empathized with the men who had tried to leave - even with Kael. Rules and regulations rubbed him the wrong way, too. But what the men had done was stupid, and what Kael had intended was reprehensible.
After a long time of listening to the others debate, Varden speaks his mind in an offhanded way.
"Or, you could release him to my care. I can stand as his keeper and forestall this decision as long as he is in my care, and his punishment would fall square on me should he break another of our laws, that should satisfy all due honors.."
And he waits in the silence left by his statement.
"Not to be too blunt but your efforts are needed doing more important things than babysitting Kael. If you are keeping an eye on him he's close to you, he's cunning enough to watch for opportunity. Also he has shown no remorse over his actions, he can not simply be left off the hook so to speak."
"We are all bound in service to the King,...."
"Maybe, but not in the same way. You, as an aristocrat, are bound to the King by a personal oath of fealty. As a knight and a soldier I am also bound by oath to the king, though my oaths may be different in details than yours."
"But Kael is a commoner, and a free man. Commoners do not give oaths to the king - if they did the king would have time for nothing other than witnessing oaths! No, they are simply required to keep the peace and the laws of the land, submit to lawful taxation, and to give no aid or assistance to enemies of the king. A free man may go where he will and do as he will, as long as he abides by those things."
"...he shows know remorse inciting sedition and treason...."
"I question whether this is truly sedition...."
"I have to agree with the cardinal. It is obviously not treason as there is no enemy hereabouts to betray us to and he was not plotting our deaths. And while a case could be made for sedition, it would require a very liberal interpretation of the word."
"I would not make too much of Kael's lack of remorse. Kael is a half-orc. As such he is likely used to the idea that he will receive no mercy or favors from humans, and surely believes he will now be executed. So I suspect this attitude is simply him deciding to face his death bravely."
"Or, you could release him to my care..."
"If we choose to show Kael some mercy, perhaps Varden here can keep an eye on him. Quietly, of course. Sooner or later we will need people with such skills; may as well have them begin now."
"I know it won't be my job to judge such men or carry out their sentences. But remember that if you squeeze a fruit tightly the juice just runs between your fingers. We do not have the means to compel people to remain in the colony; forbidding people from leaving will only make people want to leave. It would be better to make the colony a place where people want to be, and one thing that will make it more attractive is if the laws are not overly strict."
Dengoring smiles at Qazag's address of him. "You flatter me with the title Cardinal, but I am a simple bishop. Perhaps I shall one day rise to such an illustrious rank, but until then, I serve as I am best able to."
Dengorin was very pleased to be addressed as Cardinal, and something in his voice tells you he is quite eager to one day hold such an illustrious title.
"I vote to remove the question of treason and sedition from the table. I do not think this act qualifies as either, and while the theft could have been crippling, the majority of the property was recovered. If Kael expects execution, surprising him with leniency may soften his feelings towards us. While I believe that our illustrious Baile Phuir would be a capable keeper, the Viceroy is correct that you will have more important things to do than minding him. I must confess, we do seem to be at a loss for what to do with him. Perhaps the brig of a ship will do until we can build our own jail."
"The brig of a ship could be used for a short time, but remember those ships will be returning to the mother country once they are fully unloaded."
"Then I purpose this: Kael is to be held in one of the ship's brigs till we are able to construct a prison of our own to keep him in. He will then be housed there for period no fewer than five years but no greater than ten. After his mandatory five we can review his crime and see if he's changed. As for the rest, one lashing at most but if they break the law again within two years they will receive an adition year in prison when judged for their crime. Can all agree upon that?" Abalia asked.
"For the most part, I agree. I think a fine of some kind would be appropriate to levy against each, in addition to the previous punishment. Perhaps we should set the fine for each according to their means? A skilled craftsman makes more than an untrained laborer, after all."
"...till we are able to construct a prison of our own to keep him in. He will then be housed there for period no fewer than five years but no greater than ten." Abalia asked.
"We are still clearing the site here; construction of buildings is not likely to begin for a month or so, and then, I suspect the average settler here would resent us starting with building a prison to house one man when hundreds of settlers need homes. Meanwhile the ships will surely sail within a few days, leaving us to deal with him in the meantime. So even if we plan to imprison him, what shall we do in the meantime?"
"I don't like the idea of imprisoning Kael as a punishment. Not only is it needlessly expensive, but it also leaves him with a greater grudge coming out than he had when he went in."
"As to his sentence, five years in prison seems... rather excessive. But should we not decide what crime he is charged with before deciding how he is to be punished? I was under the impression that part of the intent of our colony would be to establish the rule of law. If so, this should be done properly, with a formal trial and a judge and jury."
"As we are still under the authority of King Rubar, presumably the laws of the Kingdom of Beral would continue to apply here, barring some extraordinary circumstances. Do we have any legal experts with us that could shed light on what Beralian laws Kael and the others have broken?"
"I agree with the Major," Evin added. "Have you ever seen a man exit prison reformed? Every one of them leaves a poorer, more unfit man than when he went in."
"We can construct a holding area, it does not need to be as grand an affair. Houses of course will take priority but we can have one built to serve as a cell in the short term."
"I am quite well versed in legal matters. Yes we should agree on what charges are being laid down, this is why I raised the subject before we spoke with them. Now let me think for a moment on how the trial would normally conducted, even so we are still in the initial stages and lacking many facilities."
Also this is the day after we landed, dragging aside a bunch of people to do a trial for what could be an extended period is going to be a big labour sink especially if we have a jury. It's a newly founded settlement, the infrastructure isn't there for a jail but it's also not there yet for a bunch of other parts of the legal system. If we were an independent new Kingdom we'd be setting these things down now ourselves but we keep having to double check whats normal in the homeland.
Samuel nods for a few moments. "We should stick to the ways of our homeland, let the people know that though it is far behind we will uphold it's ideals and justice will be served. Usually a priest of Abadar serves as a judge though there are exceptions. If Bishop Kaltaneous was willing to serve in such a function? He has been on neither extreme of the suggestions given. If Kael wishes to select a lawyer that agrees very well. Otherwise I assume your acolytes are appropriately trained to function as prosecution or defense, they may have to take these positions. The only question is the charges but the counsel provided by the room is that this should not be charged as treason but as theft of horse, weapons and supplies."
"The other men deserve a trial, I think it best to leave it to the Bishops judgement as to whether this should be as one or separated out to individuals. Seeing as Kael spat at me I would wish to keep a distance from the matter once the trial begins so that people do not think I am interfering."
"Yes well, I agree with my husband. Should Bishop Kaltaneous agree to hold a proper trial for them, I am willing to leave it in his hands." Abalia said with a nod.
She looked to Samuel after and asked "Would you like me to be present for the trial in your stead? Or do you believe that would send the wrong message?"
Varden sits quietly and listens to the others.
Samuel shakes his head lightly as he meets Abalia's gaze. "The charges will be theft not treason given the council provided hear. They have had the chance to give reason to their actions before us in helping decide the charges. Having taken the advice on board I would say that it would be unusual and add undue weight to the proceedings for a Viceroy or Vicereine to be present at the trial of a horse thief? I would not wish to give people the impression that we did not have faith in his grace to perform his duties."
Looking to the wider group he speaks once more after a moment "If anyone wishes to view the trial I will not say any word against them but we all have duties to perform and it may send the wrong message to the people if we were all sitting about listening.
Dengorin offers a seated half-bow. "I am honored by your trust, Viceroy, and it shall not be misplaced. I will prepare things for the trials. The acolytes who accompanied are versed in law, and shall be able to act as prosecutor and defense. This will likely not take long, since the facts are not in dispute. I would ask that Elijah, as being in charge of enforcing the law in the settlement, be present for the proceedings, but otherwise I shall not keep the rest of you from your duties. If you will excuse me, I must prepare."
Dengorin will then send his secretary to inform the acolytes of their duties, and ask that they report to the tent.
Hearing a knocking sound outside his tent, Dengorin says, "Enter."
"Then we shall leave it in your hands." Abalia said with a nod to Dengorin.
Once that was settled she looked to Samuel, "Shall we return to our duties? I would like to check in on the families and ensure they get a chance to see their spouses have returned." She told him.