Prior to the arrival of the
Ald in Kataris under the leadership of
Erastes Tideborn, judicial combat was a long-established tradition among the ancestors of those who would become the Alderni High Houses. In the early years of
the Alderni Sovereignty it was considered the primary method of settling disputes in matters of honour, and in legal cases where there was no confession of guilt by the accused and no witnesses to offer evidence against them. Over time its use in Aldernord declined, and by the dawn of the 14th century the practice of judicial dueling - formally referred to as
Justification by Arms was only employed in a handful of specific circumstances.
The right to Justification by Arms can only be invoked in the following situations:
- By a member of the High Nobility in response to an accusation of a capital offence made against them by another member of the High Nobility, or brought against them in the name of the Crown
- By a person of any rank in response to an accusation of a capital offence made against them, should they have the support of the priesthood of Laethe in this matter
- By a member of the priesthood of Laethe against a magistrate of any rank, in appeal against the execution of one convicted of a capital crime whose actions the priesthood assess were in accordance with the Divine Will
- By a member of the priesthood of Laethe, against another member of her priesthood whom they accuse of cowardice, oathbreaking, or any other similar form of dishonorable behaviour.
- By a member of the priesthood of Laethe, against a person of any rank who interferes in a duel that they are overseeing
In such cases, the one who calls for Justification by Arms is obligated to fight in person; the challenged party may generally choose to decline, but in doing so forfeits the case against the challenger. If they accept, the challenged party is generally at liberty to fight in person or to appoint a champion to fight in their stead. Whilst champions are often nobles of the High House in their own right, there is no requirement for them to be so; each High House employs a number of professional duelists for this purpose, and this is a role which can bring significant prestige and wealth to a skilled combatant. The title of
First Blade is traditionally given to such a champion who is chosen to represent the House by a
Matriarch , who they tend to also serve as bodyguards and close confidantes; if not already a noble, protocol dictates that a First Blade should be elevated to the status of a banner-knight.
Duels of this kind are fought to the death or surrender, upon a mutually agreed field of battle that traditionally takes the form of a square piece of open ground thirty feet to a side; whilst the combatants are permitted to make use of any armour and weapons they so desire, and to call upon any and all powers that they are capable of utilising, it is forbidden for any other person to interfere once the duel has begun. The duels are overseen by the priesthood of Laethe, who are granted authority to ensure the sanctity of the duel, by force if needed; should another person interfere, Laethe's clergy may demand satisfaction by Justification of Arms against that person. In this case, and that of one priest of Laethe challenging another, there is no right to decline or appoint a champion - should one so challenged refuse to fight or attempt to flee, Laethe's clergy are permitted to kill them on the spot.
In cases where the one calling for Justification by Arms is accused of a capital offence, then should they yield in combat they will be immediately executed - either by their opponent or by the overseeing clergy of Laethe. When one of Laethe's clergy fights a judicial duel then they do not forfeit their lives should they choose to yield, but are considered to be gravely dishonored and are stripped of their clerical rank; most of Laethe's chosen consider this such an ignominious fate that they will refuse to surrender even in the face of certain death, and even if mortally wounded will not give up the field. Should the challenged party yield, then in capital cases their accusation is considered to have been forfeited, though they face no further sanction; should they die, the accusation is likewise declared void. In the case of those who yield having been challenged for interfering in a duel, no quarter is offered and death is the inevitable result.
Whilst the ability of the priesthood of Laethe to intercede on behalf of a condemned criminal theoretically gives anyone sentenced to death the opportunity of a final appeal, it is rarely invoked - and when it is, more often than not the accused is issued a full pardon rather than the matter being taken to the field of battle.
A second form of socially-sanctioned dueling among the Alderni High Nobility, known as a
wager of arms is used to settle points of honour, as well as matters of disputed property and restitution of debts. There is no obligation to accept a wager of arms, though refusing to do so carries some social stigma. The terms of these duels vary considerably, and must be agreed by both parties and by a member of Laethe's priesthood who agrees to oversee it, who is responsible for ensuring that the terms are not grossly unfair to either party. These can include such matters as whether the duel is to first blood or submission; the selection of weapons and armour; the location in which the duel will be fought; and whether either party can appoint a champion to fight in their stead. The consequences of the victory of either party are likewise determined in advance; these typically include such things as forfeiture of an agreed sum of money, or the retraction of an accusation of dishonorable conduct. Whilst members of the low nobility and commonfolk cannot engage in wagers of arms in their own cause, a legal fiction exists whereby they might do so if they have the backing of a member of the High Nobility to make the challenge on their behalf, appointing the true challenger as their champion. This provides one of the few routes by which the lower orders might gain redress against the High Nobility, though not an especially reliable one.
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