The Century Before Thunder
Part Four - Rights
Wherein are delineated those special privileges, powers and rights which are given to Emerald Magistrates to enable them to better pursue their goals and duties.
Section One: Right of Questioning
In the case of persons of inferior social class, station or worth, an Emerald Magistrate may arrest and restrain the individual for questioning about criminal matters.
This right of arrest, restraint and inquisition also applies to individuals of superior social class, worth or station who are apprehended in a criminal act by an Emerald Magistrate.
Persons of higher social rank, station or value may be apprehended, imprisoned and questioned if the Emerald Magistrate has obtained a valid Order of Appearance (cf. Part Four, Section Three).
Section Two: Right of Sentencing
If a signed confession has been notarized by an Emerald Magistrate, that Magistrate may opt to sentence the confessed criminal. This right of sentencing may be passed on to a different Emerald Magistrate, at the option of the notarizing Magistrate. Transcribed confessions are legitimate only in the case of illiterate criminals.
Sentences are to be appropriate for the crime and its circumstances. Possible sentences include, but are not limited to the following: execution by beheading for samurai criminals; execution by hanging from the neck for criminals of lower class; class-appropriate executions for the spouses, parents, or children of criminals; cuffing for periods not to exceed three months; public beatings with rods, sticks, or whips; house arrest; or fines, the sum of which is to be remitted to the office of the Emerald Champion.
Section Three: Orders of Appearance
An Emerald Magistrate may exercise rights of arrest, imprisonment and inquisition upon persons of higher social worth only upon the presentation of a valid Order of Appearance. An Order of Appearance must describe in detail the crime of which the samurai is accused, it must be dated within one month of its presentation, and it must be signed by the presenting Magistrate or Magistrates. In addition to this signature, it must also have the signature of one of the following: the Emerald Champion; the city or province Governor; or the local chief magistrate. The date of an Order of Appearance must be listed as the date on which the last individual signed it.
Section Four: Right to Prior Information
It is the duty of local Governors and daimyo to inform Emerald Magistrates of large scale military or police actions within that Emerald Magistrate’s jurisdiction at least one day before the action occurs.
Section Five: Right to Commandeer Troops
Emerald Magistrates have the right to amass groups of troops for necessary operations, provided that they inform the local daimyo or Governor of their intentions. They may commandeer troops from local leaders if they can show demonstrable need and provide reasonable financial compensation for the troops’ services.
Section Six: Right of Imperial Levy
Emerald Magistrates may, at any time, petition the Emerald Champion for the command of Emerald Legions. The assignment of these Legions is entirely at the discretion of the Emerald Champion. Emerald Legions have rights of action and armament in any and all places within the Emerald Empire.
Section Seven: Right of Privy Investigation
If there is a conflict of jurisdiction between an Emerald Magistrate and a local magistrate, the jurisdiction of the Emerald Magistrate takes precedence. If the Emerald Magistrate presents the local magistrate with a signed and dated Order of Privy Investigation, that magistrate must immediately cease all new investigations into the matter of contention. An Order of Privy Investigation is valid only if it fulfills the following conditions: it is dated on the day it was completed; it is signed by the Emerald Magistrate; it contains a complete description of the crime in question; and it explains, completely and reasonably, why the two investigations cannot proceed in a parallel fashion.
Section Eight: Right of Travel Authorization
In addition to their power to pen Imperial travel documents (defined in Part Two, Section Two), Emerald Magistrates also have the right to provide valid travel documents of more limited scope. These documents cannot be confiscated or contradicted by local magistrates for more than two days.