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| Its not *always* trial by combat... |
How law and order work in medieval societies can be used to enhance our pseudo-medieval fantasy games by providing important constraints.
I am not trying to run some authentic society any more than I try to make a dungeon perfectly architecturally sound with all proper support columns, ventilation, and oxygen content. But having a simple, referee-friendly construction of law, much like dungeon walls, can enhance play somewhat paradoxically by constraining choice, but increasing decision impact.
I think a system of law and order can provide some of the same choice-enhancing constraints. More directly, a system of law and order might provide:
- Constraints on murder hobo behavior
- Enhances the impact of good CHA scores
- Highlights the Thief by providing a reason for the black market & guild
- Provides consequences to carousing mishaps
- A source of other important calendar dates- court dates!
- Encourages even more faction investment & philanthropy
- Positions the PCs, new to most villages/towns, as “strangers” and the prejudices thereof
- Another mechanism by which PCs or NPCs might wield power
- Increase the impact of alliances and fidelity oaths– usually helps “knight” classes
- Magic like Charm Person, ESP, and Known Alignment takes one whole new fear/concern/governance
Again, I’m not trying to weigh a DM down with some crazy social structure, but just basically incentivize PCs to behave more rationally and realistically when in town. I think this is of particular importance in old-school oriented games where PCs are not “the heroes” but roving adventurers and fortune seekers who break a social order by simply being so.
Most of the below is drawn from a single, but very excellent, gamable resource: Ian Mortimer’s The Time Traveler’s Guide to Medieval England: A Handbook for Visitors to the Fourteenth Century. The author has put together a book that pretty much explains what a modern person would need to know to survive a week in medieval England. This includes everything from the people and their character to what to wear, what to say, and of course, the law. I also supplemented with Wikipedia, which also happened to cite Mortimer a lot.
I’m going to try to intersperse the historic pieces with “Gameable Component” to call out where some interesting fantasy adventure game rules can be. I’ll use BX, but I’m sure you’ll get the gist enough to insert whatever particular rule will cover it for your bespoke ruleset.
THE LAWFUL PEOPLE
Mortimer opens with the law being very visible during this time. Heads on pikes, people locked in pillories in the town square, and hanged bodies of thieves are about. Its not all at once, but PCs will see signs of justice.
A second relevant thing that Mortimer points out is that everyone belongs somewhere and that people live communally:
“Whether they live in town or country, whether they are free or unfree, villeins and freemen alike are known in their hometown. People worship in church together. They work the firleds together. They attend the manorial courts together. Even times of celebration and relaxation are spent in one another’s company.”
So your “adventurer” PCs are strangers when you roll up in some village or town. No one knows them. No one will speak for them. And when trouble starts, they will be the first to be blamed. Why? Because they are unknown and therefore expendable.
Gamable Component
- A Stranger Score: To understand how folks perceive a party in general, let’s use the “Morale of retainers” under the Charisma score in BX. So whenever an opinion about the PCs is needed, we will roll 2d6 against that score. +1/-1 bonuses can be given if the party has done something exceptional (a bonus of +2/-2 would be if they have buried something down or built something new)
- The Capital Pledge of the village will often talk to the PC with the highest Charisma score unless the party as a Cleric or Knight-class in their ranks. Then this person will be assumed to be the party head given they represent the Church and Crown.
- If anything bad happens in town, a 2d6 check is made against the PC Stranger score. If a fail (rolling over), the PCs are rounded up. If a pass, -1 to the score as suspicion remains. Good deeds can add to the score.
THE TITHING & CAPITAL PLEDGE (or one village)
Cops won’t be invented until the 1900’s, so law enforcement begins locally with every member of the village (age 12-60) is part of the tithing, sworn to uphold law and order, and are led by the “capital pledge”. It is the responsibility of the village tithing to bring any lawbreaker to the township constable. If they do not, all of them will be heavily fined and required to report to the manorial or the hundred court.
If a crime is observed, a “hue & cry” is raised, and interestingly, the sounds used in the “cry” correspond to different types of crimes. Everyone, regardless of being in the tithing or not, is required to participate in the apprehension of the criminal. The crime is also reported at the next hundred court, so all surrounding villages will know. Again, if a tithing is seen as failing in their duty to apprehend the accused or seen to have given them aid- they are subject to a hefty fine as a collective.
Gamable Component
- Carousing: If PC are suspected or caught, it will first be a team of villagers and or a small band of knights that is after them; by the next day, any adjacent villages/towns will also know
- No Safe Harbor for Bad People: Similarly, if the PCs are suspected of bringing back “evil” into the village, the Capital Pledge will be all up in their business– after all they don’t want to be held accountable
- Friends Keep You Safe: Having several people come to your defense by speaking to your good character is critical, so spread that wealth around to prominent people/businesses in town
THE BALIFF OF THE HUNDRED (or many villages or a town)
A step up from the capital pledge overseeing a collection of tithings is the bailiff, or if a manor lord is in control of the area, then a steward of the lord functions as the bailiff. The bailiff will answer to either the sheriff of the county (meaning to the sheriff of the king) or if the hundred is private, meaning a specific lord owns the land, then the lord.
Court at this level is a bailiff holding a hundreds court about once a month, composed of themselves and 12 freemen to hear all claims. Many are from fights where blood is drawn. But other cases are fraud, debts, theft of household goods & animals. Terrible wounding and murder is reserved for the sheriff’s tourn.
Gamable Component
- NPCs Hate the PCs: Should PC draw the ire of a village, but perhaps have not been caught in the act of a crime, then the Bailiff will be the one to hear about it
- PCs are Tried for Small Crimes: This would be the first true court that the PC would need to appear at in order to find their guilt or innocence in “small crimes”- basically anything that didn’t involve death, dismemberment, or other serious wounds or changes to a victim (magical or mundane)
- PCs are Fined for Not Paying Tolls, Taxes, or Levies: The Bailiff of the Hundred would also be the level at which fines are levied and collected for not paying other taxes and tolls (such as maintaining the toll road back from the dungeon)
- Over at Blog of Forlorn Encystment, there is a fantastic post reviewing the various AD&D money-extracting measures that might be in place in a region, town, or city.
- Forlorn also talks about the place of tolls here
- In His Majesty the Worm, returning adventurers are taxed 50% of their haul out of the dungeon; painful, but it quickly puts the PCs in the mindset of tax avoidance & smuggling
- MUs are Indentured to Pay Off Debts: As per Forlorn’s post, many city watches/guards contain indentured magic users of 2nd to 5th level, who I would say are found guilty at the level of the Bailiff and the Hundreds Court
- This is pretty big because it means that Charm Person, ESP, Know Alignment, and Protection from Evil can easily be employed by the courts to discern the truth
THE SHERIFF IS THE KING’S CHIEF OFFICER (or all the villages, towns, cities)
The sheriff issues the king’s writs, summons a jury, gathers fighting forces, and makes arrangements to feed said forces. And also maintain the country's gaol. In terms of the law PC might be under, the sheriff can arrest you, imprison you, and send you to the county gaol. But not hang you for a serious crime unless they directly catch you trying to evade the law! But even then, a coroner must be present. At this level of law, a judge is still required to find anyone guilty of a crime. These judges might be drawn from capital cities or might be local, but generally will be from an educated background.
The Sheriff is required to hold county court every 4 to 6 weeks, which is for official swear-ins, “small claims” courts, and preliminary Crown pleas. Important for D&D, this is also the court where a person can be declared an outlaw if they are at-large. Once an outlaw, they may be beheaded on sight. The county court is where you can also adjudicate via trial by battle, which also covers land disputes. This last bit has benefited the church.
The Sheriff’s tourn (basically a traveling court) is held at a hundred’s court twice a year in order to handle cases and business that needs to be presented to royal judges and makes sure all massive fines are levied against tithings failing in their duties.
Gamable Component
- Sheriff of Nottingham: Understanding the origins of the sheriff really puts the story of Robinhood in perspective. But why not do the same? Instead of an evil king, you have devil swine who is the sheriff if your kingdom. This is also a gameable-NPC title because they have to travel out in the wilderness frequently, so its a great objective for an escort adventure or even a kidnapping.
- Frequent Traveller: The Sheriff is also an NPC that could show up in a lot of places far more frequently than the king, who would not risk their life.
- A roll on a weekly or monthly event table could “summon” this official to the PC location: “Well, well, well… once again I find myself investigating a crime and you four are in close proximity.”
- County Court is High Drama: Some D&D players complain about the ponderous nature and/or frequent nature of combat in D&D so let’s give a new foci of pitched battles- the courtroom! There have been something like 200 courtroom dramas produced for US TV so why not mine them for campaign drama?
- Outlaw Status is Deadly: The word “outlaw” is a word that is bandied about, which rarely has any real weight. But such a designation allows a persons, to kill the “outlaw” with impunity. The gaining of this status and trying to get rid of it can be a whole campaign. This can vastly change their relationship with the rest of the world. How will they seek shelter? Who will they resupply from? Will they just embrace their status? Or seek redemption?
JUDGES, CORONERS, AND EXECUTIONERS: TO TRY THE BUTCHER, BAKER, AND CANDLESTICKMAKER
Judges are required to find someone guilty, its not decided by the bailiff or sheriff. At the level of the hundreds court, a bailiff will draw 12 judges from the surrounding area- notable members of the community or those thought to be wise. In a manorial court, the lord can be the judge.
To kill someone, the presence of a coroner is required to attest that the proper procedures had taken place, including a trial. Also, a coroner was the person to answer a hue and cry about finding a dead body.
The Executioner might be combined with the gaoler who controls the running of the jails and the conditions therein. Interesting, they can also refuse to take certain folks into jail as well.
Gamable Component
- New Titles: The immediate thing that springs to mind here are potential titles for PCs to inhabit and connect them to the game world at the cost of mandatory downtime actions.
- Low-level Scoundrals: Since each of these offices is ripe for abuse, but are not overtly powerful, they could also be low-level antagonists
- Low-level Patrons or Connections: Conversely, making good with judges, coroners, and executioners could also provide a source of rumor or, more importantly, *protection* against accusations. Maybe funneling a little coin to these folks might ensure some favorable outcomes.
- These might be good thieves guild connections embedded into society
APPROVING: OR HOW TO GET EVEN BEFORE YOU HANG AND OTHER MISCARRIAGES OF JUSTICE
One can name their accomplices once caught, either in hopes for leniency or in the case of death, to get even. After you are hung, those you named are brought to justice and if found guilty, then they hang too. Not surprisingly the gaoler, sheriff, or bailiff might try to get someone to accuse their enemies in return for a favor or just better treatment in the remaining days.
Mortimer makes a very good point that given the above, when a review of those indicted of serious crimes is performed, most are strangers and vagrants. Villagers are cautious and fearful of strangers and very quick to point a finger at them when a crime is committed.
If a justice comes under the jurisdiction of a lord’s court, then a lord can appoint their own coroner. Since a corner is present, the bailiff can proceed with hangings or beheadings. The lord can deny a king’s sheriff access. And so it is then also to commit crimes and pin them on an innocent person under the threat of torture and death, and use approving to shut-up anyone else who would know about the crimes.
Gamable Component
- Know Your Neighbors: This combines with the “Strangers” bit from above- it pays to be nice, embed in the community, and generally be seen as pro-the-village; otherwise, when things go down, everyone points the finger at you
- Trouble Even From the Grave: Bad people still might cause trouble even after they are hanged, perhaps they gave a last “confessional” which puts the PCs at the center of things
SUMMARY
What I hope I’ve laid out here is a demonstration of a fairly simple framework for law & order for your pseudo-medieval game based on English foundations of law. Other European countries at that time had different variations.
I’ve not really gotten into the implications of magic on said system, but you can quickly see how even low-level spells like charm person would be very disruptive, but also how the same spell could be employed for law enforcement.
I want to do a PART 2 of this where I look at how I might set up this structure for Dolmenwood. And how I might interpret, from a gamable level, the difference between a human and breggle court. Also, how the fairy might run a court as well.
