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Lore: Baldur's Gate #3

The Law and Legal System

Link: Disclaimer regarding D&D "canon" & Index [tldr: D&D lore is a giant conflicting mess. Larian's lore is also a conflicting mess. There's a lot of lore; I don't know everything. You learn to take what you want and leave the rest]

The City #1 | Demographics | Law & Legal System | Administration & Government | ??? - WIP

There is a surprising amount of information on laws, and also on the legal system and law enforcement of Baldur's Gate. ...And it's fucking terrible! This is so long because there's so. Much. Terrible.

OK, let's see... corruption, corruption, corruption... • 9/10 crimes never go to trial: the police are your judge, jury and executioners. You do have rights; let's hope they care. • The four classifications of crimes. (Nobles get away with so much. Also, frankly, the clergy.) • The Flaming Fist - the police, the military and the secret police in one nifty corrupt package. • Courts of Law and Magistrates • Alternate courses of justice: The Crews. Also, have you considered praying for your tormentor's horrible death? No, seriously. • The Code Legal: the actual laws, the crimes and their punishments • How the temples might self-police and how a recap on how the law gets... flexible with evil-aligned faiths.

Arrests and Processing Crimes

Baldur's Gate, like most of the Western Heartlands (and frankly, a lot of Faerûn beyond that), follows the precedent set by the Warerdhavian Code Legal in setting its laws. Local variations may occur, but they're near enough the same.

The Code lays down the crimes, which are matched to whatever punishment the law of the land has deemed appropriate.

For the most part, where the Gate is concerned, this usually leads to "cut and dry" cases. The crime and accused will be assessed by a member of the Flaming Fist (or the Watch, if it's in the upper city) who will make their own judgement as to guilt and follow out the punishment as laid down in the Code.

Crimes only go to court in one of two conditions, firstly that the officer assessing the crime doesn't feel that the situation is clear enough for them to make a judgement - and secondly, when high ranking members of society (Patriars, clergy, etc) for whatever reason want to step in and have it taken to court.

The majority of crimes will never see court. "Flaming Fist patrols react to threats with indiscriminate violence," and even those that don't often turn a blind eye.

The extremes seen in the 15th century are a reaction to the increase in the intrigues of the Upper City and the crime rate of the more recent Outer City both spreading into the Lower City. Now the average citizen contends with both of those and police brutality every day. Even prior to the foundation of the Outer City, policing was heavy due to the strength and spread of the Thieves Guid.

There is something of a 75% chance that arrests will not follow protocol: those members of the Fist not inclined to police brutality and starting "bidding wars" (whoever can offer the highest bribe is let go: everyone else gets arrested) are often too overwhelmed with a myriad of other crimes they're trying to handle. The Watch is less inclined to violence and corruption (at least, in comparison), but they're also the Upper City's personal guard and prone to discriminate heavily against the poor (or those who look it) in their arrests.

Due to the upper classes being notoriously self-interested and corrupt, and judges often being in the pocket of the Thieves Guild, there is also little trust in any justice coming from there. Ulder Ravengard certainly doesn't have any. Ulder has been commander since 1482 DR, and held high rank and influence before that. He is "the incarnation of militarism", and his stance when directing the Fist has been of the "the ends justify the means" variety. There is a chance that in 1482, due to Bhaal - at the time too weak to directly influence people - subconsciously urging him to give into his dictatorship leanings and "murderous intentions", that Ulder also led the Fist into an even darker place involving military law and a lot of mutilation and murder, but I'm uncertain how much of that is part of mainstream canon.

Often, if the accused is a noble or a high ranking member of the clergy and the crime is not "serious", they will be let go - perhaps with a slap on the wrist. These groups also tend to police their own behind closed doors to avoid public backlash and scandals.

"Nobles enjoy many protections under the law and in some cases can escape punishment for assault, provocation, or the outright murder of a commoner."

Generally though, they'll avoid such obvious and crude crimes. A lot of noble crimes and schemes involve hiring adventurers - outsiders with no connection to the city or protection under the law - to do their dirty work. More serious crimes will either never see the light of day, or if it can't be hidden, scapegoating and appeasement will follow.

Crimes are only crimes within the confines of the land in question. A crime in Baldur's Gate is not a crime outside its walls, and if a crime without those walls is committed then the legal system of the Gate has no jurisdiction with which to arrest of punish the offender. As such clergy and nobles who must be punished may well receive temporary exile, where they will be appointed to a different temple/sent to live with relatives somewhere else in the realms.

Crimes are also not necessarily crimes if the victim in question is not a citizen (generally classified as never having had their name on official city documentation or owned property within the city).

Technically visitors and foreign agents to the city should have licenses marking them as such and stating that their presence in the city is legal. Without these permits their lives are forfeit to the whims of the "important people". Technically new arrivals should be told by officials stationed at the city gates to report to the High Hall to be interviewed (in case the individual means harm to the city) and then handed their license, but your average visitor is never even told of this law.

"Outer City residents are classified as "visiting economic interests," which affords them some rights. However, with a word from a duke of a peer, that classification could change to "visiting diplomat," which offers numerous perks, or "invader," which is essentially a death sentence." - Murder in Baldur's Gate

Baldur's Gate will nevertheless strive not to be an obviously oppressive hellhole however, as trade cities wish to show a welcoming and tolerant face to the world: merchants will not come if they feel they will be risking their safety. In fact visiting merchants, particularly wealthy ones, are liable to receive somewhat better treatment than the average permanent citizen of the Gate.

Covert corruption is favoured:

"Any rigging of results must be done behind the scenes rather than in public. For instance, you could avoid someone’s being brought to trial, or arrange a prisoner escape."

Offenses are split into four categories:

1) Crimes Against the Lords The name may be subject to change, depending on region and governance; it's likely slightly different in Baldur's Gate. This is essentially crimes against the state officials and nobility.

2) Crimes Against the City Arson, littering, public brawling, carrying weapons in public, etc.

3) Crimes Against the Gods Blasphemy against the gods and their servants (who are their own, outside the box tier of nobles, in a way)

4) Crimes Against Citizens "Low level" offenses that don't threaten to upset anybody important or disrupt the city functioning.

Different realms and city states will also have their own unique laws, for example it's illegal in Baldur's Gate to disobey an order from an officer of the Fist if they're in uniform under threat of martial discipline (loss of an ear, a hand, their tongue, or even their life). While theoretically, this law exists for emergencies, it is very much abused for personal gain.

As said, generally the handling of crimes won't progress past the jurisdiction of the Flaming Fist - who hold many roles: mercenary company, city military, city police, "secret police" (spymaster is a position within the organisation and plainclothes officers are everywhere)... and generally, studying the pattern, it seems that one of the Grand Dukes on the Council of Four is going to be their commander.

Generally, candidates seeking to join the Fist are screened for "strong loyalty and stronger morals." Not sure that's working.

There are usually a few rules regarding investigations amongst Faerûnian law enforcement which should be followed (and watched closely public scrutiny to ensure it is):

• Confiscated items may not be kept. When searching a location, nothing except evidence is to be confiscated. • Items must be returned to their owners, if identified. • Citizens must be kept informed of the whys and hows of an investigation: when you disrupt daily life, somebody must be on hand to answer their questions and explain - leaving out no detail - what is happening and why. "Authorities have very few justifiable grounds for not telling citizens anything they ask about (though “the king’s will” [government business, for which Baldurians would use a different term] is a justifiable ground)." • Magic and magical items involved in the crime must be examined, and typically dispelled, and citizens must be told "the whole truth about what magic was found, where it came from, and what it was intended for" • Disputes over property must be handled in public.

By the 15th century, the organisation has been noted to have become insanely corrupt. Should the Flaming Fist lapse into illegal behaviours like vigilantism, kangaroo courts and police brutality (including cutting out people's tongues and hanging them in their own doorways), the government will generally do nothing to intervene, as long as it doesn't start to affect the patriars (who make up said government). If the commander - or acting commander - happens to be corrupt then the whole organisation generally goes downhill.

If Orin and the Dark Urge have been doing their jobs right, then the ranks of the Fist may have been infiltrated by Bhaalists, who will be subtly engaging in and pushing for aforementioned police corruption where they can get away with it:

"Several Deathbringers have managed to become city rulers or the heads of city law-keeping forces—and their minions now stalk the night streets slaying undesirables and rivals to increase their wealth and tighten their rule. Increasingly, Deathbringers seek positions where they can live comfortably, make lots of coin, and kill often with few consequences. Adventurers far from home are godsend targets, as are outlaws or brigands; few care if such folk meet a bloody doom." - Elminster's Forgotten Realms

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Legal Courts

Should a case proceed to the courts it will be taken before one of the dukes, presided over in the courts at the High Hall. There was an attempted (and failed) coup by Grand Duke Valarken a few decades back to seize control of the city saw the patriars succeed in a naked power grab and the establishment of the Parliament of Peers, a governing body composed of mostly patriars and a smattering of Guildmasters and the other wealthy, who can buy and network/kiss enough patriar asses to elbow their way into power.

The dukes have since been able to delegate cases to one of the peers, who will serve as magistrate in their place. This worked out pretty well at first, and then went downhill:

"Proxy judges are not paid a salary, yet a temporary assignment to the High Hall's bench is a plum duty for any patriar, because hefty gifts and bribes flow to the judges from the [Thieves] Guid, from those grateful to be exonerated, and from those hoping to be exonerated."

For patriars who were called upon to handle a case the High Hall has several small libraries containing legal books, civic documentation (tax, property, censuses, etc etc), past court records and other relevant information to aid them with their duty. The libraries are also a disorganised mess, and volunteers from the local Oghmanyte clergy (followers of the god of knowledge, which technically includes legal lore) have their hands full trying to organise it and seem to be the only people who know how to find anything in there.

I have no information on how the court worked prior to the formation of the Peers in the 15th century, but if the Council of Four delegated back then then they most likely still picked from amongst the same people - the wealthy, mostly patriar, citizens of the Upper City who would be in their social and business circles enough for them to know each other.

If the accused desires legal defence, they have a few options.

In order for a legal representative to be considered valid, the court must be informed of your choice ahead of the court date. Sometimes it's only permitted to people who would struggle to represent themselves due to disability or language barriers (Common is not useful for daily conversation, let alone complex legal proceedings).

Baldur's Gate, unusually, has a few rare official barristers one may hire to represent one in court. These are generally far out of the pay range of the average citizen.

"The Realms does not have lawyers, robed and wigged or otherwise. There are some “advocates,” paid orators who will speak in court (always in the presence of an accused, not appearing in their stead) and who might know something of the law and can give advice to an accused. Some advocates are real performers who mimic the voices of people, act out scenes, tell jokes, and engage in furious debate in court—which, being great entertainment, is seldom cut short even by angry judges or rulers, because the commoners like it." - Elminster's Forgotten Realms

Tyrran clergy are also willing to defend the innocent and ensure that trials are fair and free of corruption, and the two groups are likely to overlap:

"In civilised areas (settlements), Tyrrans (inevitably called "tyrants" behind their back by nonbelievers) become legal experts and serve as the lawyers of Faerûn by dispensing advice and "speaking for" accused persons in trials." - Faiths and Avatars

(They still tend to charge for the service, although some will likely go pro bono as Tyrrans are also meant to be devoted to righting wrongs and ensuring the law serves the good of the people) Tyrrans are not a major faith in Baldur's Gate and don't wield a lot of influence, however - and to make matters worse, Tyr has been dead for a generation, and while the god returned in the Second Sundering, his clergy are still in recovery.

Magistrates may have the right to call upon divination spells - cast by mages or clergy - to root out the truth, although the wealthy and the nobility often have privileges and rights regarding this that are unavailable to the common class.

- Alternative Justice

As the citizens do not trust their legal system an inch, the common people band together in informal groups called "crews" for mutual protection. How they function depends on the crew (guarding each other's property, self-policing a shared street or neighbourhood, pooling funds, simply backing you up if you get mugged, etc)

The Gate has an unofficial system called burl, if you're fleeing persecution, be it from criminals or the Fist, and knock on a door three times the people inside owe you shelter and safety, no questions asked.

Another alternate route of justice exists - turning to the gods.

Tyrrans seek out criminals who escaped their sentence and slipped through the cracks - if you can't be brought to justice, they will bring it to you. They also work to change or protect laws for the betterment of people. Prior to the Spellplague Tyr's portfolio concerned the letter of the law, however during his death that passed to Torm (god of loyalty, and thus now loyalty to whatever my liege says is the law) and Tyr's focus is on benevolent readings of the spirit of the law. As said, they have been out of commission for around a generation, so Tyrran activity in the city will only have resumed with legal and divine backing for about a decade or two.

Ilmatari are permitted a tenday's worth of respite, where Ilmater temporarily releases from their vows - technically this is time meant for self-care and mental health, but Ilmatari have been known to use this freedom from their oath of non-violence to shank abusers and tyrants. They also engage in non-violent forms of protest and disruption against corruption and cruelty while under their oaths, and it's generally not a good idea to harm them because Ilmatari are very popular amongst the common people of Faerûn for their charity work.

There is a Helmite faction within the Gate - the Order of the Gauntlet - that covertly sponsors vigilantes. Their calling card is Helm's symbol, branded onto the flesh of either dead criminals or live ones left anonymously on the doorstep of the Flaming Fist.

And then there's Hoar; God of Vengeance; the Doombringer:

"Hoar charges his clergy to uphold true and fitting justice and to maintain the spirit of the law, not the letter of the law. Fitting recompense will always accrue for one's actions. Violence will meet violence and evil pay back evil, but good will also come to those who do good."

In Western Faerûn Hoar's clergy are not many and they do not build temples, but they wander the realms seeking victims of injustice. They listen to their stories, investigate to establish the veracity of their accounts, and if they're satisfied the person is being honest they will track down the perpetrator and deliver ironic punishments upon them. While they're considered criminals in the eyes of the law, to the common people of Faerûn hail them as champions of the underdog. On the darker side, Hoar and Bhaal are allies, and their followers share similar habits and a tendency to be retributive justice for hire. (Though Hoar is in it for vengeance, and Bhaal for the killings and bloodlust.)

Sharrans also present themselves as avengers in a world full of corrupt governments who don't care about you, and go out of their way to try and steal "jobs" from the Hoarites.

The temple of Bhaal will be sending priests up to the marketplaces and other gathering places - likely mostly in the Outer City, where it's impossible to break the city's laws - to listen to people's grievances and offer their services as killers. Bhaalists are also employable as freelance bounty hunters, and are obligated by their faith to train anybody who asks to fight and use weapons and are technically available as self-defence trainers (with an aim of "your opponent should not get back up"). They also usually select criminals for their sacrificial targets, and in private setting will turn these into public displays for the pleasure of the mob.

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The Code Legal

There is no such thing as copyright law or libel and slander laws- unless they're offensive to clergy, rulers, nobility or whathaveyou. Authors on Toril are having great fun with the copyright thing, and often get ripped off by their publishers stealing their work. Also child labour is involved with the printing, but that's not the topic on hand.

When the punishment for a crime is arrest then the highborn, wealthy and influential will be placed under house arrest instead of spending their time in a jail cell.

Crimes Against the Lords A category that includes government officials, rulers, nobility, the extremely wealthy and influential, and generally high priests/temple leaders (are you going to blaspheme argue with somebody who speaks directly to a god? On Faerûn the answer is "no".)

Assaulting a Lord: death

Impersonating a Lord: death

Assaulting or impersonating an official or noble: flogging, imprisonment for up to a tenday, and a fine up to a max of 500gp depending on severity

Blackmailing an official: flogging and exile up to 10 years

Bribery or attempted bribery of an official: exile up to 20 years and a fine up to double the bribe amount.

Murder of a Lord, official or noble: death

Using magic to influence a Lord without consent: imprisonment up to a year, and fine or damages up to 1,000gp

While killing a commoner may be split into murder and justified self-defence, no such clause exists for killing a noble, which is always met with the death penalty.

"In many lands, common-born people are bound by law to defer to their betters, the lords and ladies of the nobility. Even if the law does not require deference, it’s usually a good idea." - Forgotten Realms Campaign Setting

For the Gate, the nobility are the patriars.

Merchants and powerful Guildmasters (the trade guild, not the Thieves Guid) may have the money and connections to worm their way into this special treatment.

"The wealthiest merchants are virtually indistinguishable from mighty lords, Even if born from peasant stock, a merchant whose enterprises span-a kingdom might style himself "lord" and get away with it." - Forgotten Realms Campaign Setting

While you might get away with styling yourself a lord, as Gortash does, the patriars nevertheless insist on maintaining boundaries between themselves and the new money. I believe they've also occasionally introduced fun additional little laws like who is not allowed to wear what (colours, fabrics) so as not to be confused with the wealthy merchants and lowborn of the city with their inferior breeding. True nobility is a matter of birthright, after all.

Still money opens a lot of doors, especially in a major trade hub like Baldur's Gate.

Crimes against the City

Arson: death or hard labour up to 1 year, with fines -and/or- damages covering the cost of repairs plus 2,000gp

Brandishing weapons without due cause: imprisonment up to a tenday -and/or- fine up to 10gp

Espionage: death -or- permanent exile

Fencing stolen goods: fine equal to the value of the stolen goods and edict

Forgery of an official document: flogging and exile for 10 summers (years)

Hampering justice: fine up to 200gp and hard labour up to a tenday

Littering: fine up to 2gp and an edict

Poisoning a city well: death

Theft: flogging, followed by imprisonment up to a tenday -or- hard labour up to a year -or- a fine equivalent to the value of the stolen good/s.

Treason: death

Vandalism: imprisonment up to a tenday plus fine - and/or - damages covering the cost of repairs plus up to 100gp

Using magic to influence an official without consent: fine -or -damages up to 1,000gp and edict

Crimes against Citizens

Assaulting a citizen: imprisonment up to a tenday, flogging and damages up to 1,000gp depending on severity

Blackmailing or intimidating a citizen: fine or damages up to 500gp and an edict (presumably in the form of a restraining order)

Burglary: imprisonment up to 3 months and damages equal to the value of the stolen goods plus 500gp

Damaging property or livestock: damages covering the cost of repairs or replacement plus up to 500gp

Disturbing the peace: fine up to 25gp and edict

Murdering a citizen without justification: death - or - hard labour up to 10 years, and damages up to 1,000gp paid to the victim's kin

Murdering a citizen with justification: exile up to 5 years -or- hard labour up to 3 years -or- damages up to 1,000gp paid to the victim's kin

Robbery: hard labour up to 1 month and damages equal to the value of the stolen goods plus 500gp

Slavery: flogging and hard labour up to 10 years

Using magic to influence a citizen without consent: fine -or- damages up to 1,000gp and an edict

Crimes Against the Gods

Assaulting a priest or lay worshipper: imprisonment up to a tenday and damages up to 500gp

Disorderly conduct within a temple: fine up to 5gp and edict

Public blasphemy against a god or church: edict

Theft of temple goods or offerings: imprisonment up to a tenday and damages up to double the cost of the stolen items

Tomb-robbing: imprisonment up to a tenday and damages covering the cost of repairs plus 500gp

"In a polytheistic setting such as this one, it’s important to stand back from any real-life religious views of “absolute good"". - Elminster's Forgotten Realms

"Baldur's Gate has widely adopted a "do no harm" policy when it comes to faiths and organizations operating in the city. Any group is welcome to operate openly so long as the city's important citizens aren't harmed [and as long as they don't disrupt trade]." - Descent into Avernus

"Important citizens" is an interesting distinction. Usually the rule is "so long as citizens - in general - aren't harmed".

A familiar refrain on this blog, which I have already talked about at length, but from a Torilian perspective: just because the god is evil and howling for the blood of the innocent doesn't make their priests criminals for providing it unless they get caught in the act or breach their "understanding" with the government. Evil or Good (or neither), the gods are holy, and to offend any is blasphemy. There are no gods whose worship is illegal in Baldur's Gate, so long as their clergy aren't stupid about it. (Sharrans usually prefer to go underground anyway, because they'd rather preach sedition and do crime than play nice, which will get them outlawed.)

Crimes against the clergy make people nervous, as it is attacking a god, in a way. Still, most crimes against priests fall under either crimes against citizens or crimes against the lords. Generally, high ranking priests are closer to the latter, and lower ranking to the former, though it does depend on the strength and influence of the temple and larger church in the city/region:

"The powerful temples of Faerûn's deities parallel the king's authority. The lowest-ranking acolytes and mendicants are rarely reckoned beneath the station of a well-off merchant, and any cleric or priest in charge of a temple holds power comparable to that of a baronet or lord. The high priests of a faith favoured in a particular land are equal to the highest nobility." - Forgotten Realms Campaign Setting

That said, the clergy are wise not to push their luck too far, as people will risk the wrath of a god if they feel the need to defend themselves, and the law will turn on the temple for disturbing the peace and disrupting trade.

The Gate has four active temples whose clergy will rank highest amongst the various priests within the city: Tymora, goddess of luck; Umberlee, goddess of the sea; Gond, god of artificers; and - of course - Bhaal, god of murder. The leading priests of each of these - the High; the Wavelord/Wavemistress; the Artificer or High Artificer; and the High Primate/Primistress or Primate/Primistress - will generally be afforded the kind of treatment and leniency by the law that nobility may expect (though this will not extend to the lower ranks of the faith), and of these, Gond's church wields the most power.

As the most recent addition to the four, still in recovery due to their deity being out of commission for a century, the Bhaalists likely wield the least political power, however "[the faiths of the Dead Three] still command respect and fear throughout Baldur's Gate." Also there's a rumour that some important political figure or other is a Bhaalspawn, and it might be the High Primate, but these have always been proven to be smear campaigns.

Beneath these are the other well established faiths, who have shrines (though no temple heads): Ilmater, Lathander, Oghma and Helm.

And then a smattering of every other god on Toril, presumably represented by anything from a handful of priests to one. Also the Banites, who have been doing a fantastic job of climbing the ranks. Couldn't be anything to do with the systemic corruption and tolerance of evil, nah.

Still, clergy will not necessarily bother to take offenders to task and often take offenses against their deity into their own hands. Churches and secular powers tend to have some friction between them, as the government feels that its rules should hold sway while priests consider themselves (and the government) to be beholden to the wills of a higher power that takes precedence over those mere mortals in the High Hall.

Punishments vary according to faith and offense, and may range from placing a quest (gaes) upon the offender, enslaving them to the church, to simply murdering them and discretely disposing of the body. That last one may involve ritual sacrifice unto the deity of the temple, if appropriate. When the offender escapes the temple, the priests may call for the aid of their rural siblings in faith to hunt them down - wandering paladins, the Deathstalkers, etc. Many clergy have some amount of priests that don't stay still.

Churches have their own law enforcement systems. Temple guards are commonly seen, and in larger temples will answer to a paladin. Temples are often home to animals - selected from the deity's holy animals - who serve as security and defence. Certain deities will also have undead bound to the temple's service.

When one of their own ranks is caught breaking a law (say, murder) the priests usually prefer to deal with it themselves. The most common result of getting caught rocking the boat is either for the church to excommunicate the priest, or else for that priest to suddenly, silently be removed from their post and reassigned by the church somewhere else outside of the jurisdiction of the realm with the promise to secular authorities that they will be disciplined, which is accepted. The latter happens "more often than the general public would be pleased to know".

Evil-aligned religions are also held to another set of rules, whose terms are negotiated between the rulers and the church, but generally go thusly:

1) The church owes fealty and service to the government when demanded (assassins, spymasters, mercenaries, whatever) 2) Activities like human sacrifice are to be kept to agreed upon limits: no more than necessary, and the targets must not be "innocents, citizens, or government representatives." - random vagrants and criminals are fine. 3) Clergy must not attempt to overthrow the ruling class, 4) Nor cause too much distress in the general public (people are resigned to the existence of evil and accept and worship the evil deities, but they should not be pushed to the point where daily life is disrupted.) 5) Shrines and temples must be kept out of public view. 6) Keep your identity as a priest and your identity as a citizen separate: the public must not be able to identify you - the Gate has slightly looser restrictions on this, it seems 7) No forced conversions.

#forgotten realms #bg3 #absolutely terrible city to live in

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