Writ of cudgelling (Benacian Union)
Originating in the Benacian Union realm of Elluenuueq, the writ of cudgelling is the lawful instrument by which any meritorious subject may be made subject to physical chastisement at the direction of higher authority.
Public bodies authorised to issue a writ of cudgelling include the High Presidium of the Benacian Union, the Civil Executives of the Realms of the Union-State, Governors of individual Governorates, and the Magisters-Carnifex.
In most instances a writ of cudgelling, once issued, may only be served by the Corps of the Gentlemen-at-Cudgels. It should however be noted that the Magisters-Carnifex, having responsibility for internal discipline and standards, enjoys the licence to enforce its own writs.
A writ of cudgelling may be issued by the aforementioned authorities for any act that may be reasonably accomplished through the application of cudgels provided that it is discernibly for the benefit of public order and discipline and is to the commonweal of the greater portion of the meritorious subjects resident in the jurisdiction of the issuing authority, in accordance with their constitutional rights.
The writ must specify which bailiwick's commandery shall be responsible for the cudgelling, what or whom the cudgelling is to be against, and what is to be done with the cudgelled subsequent to the act of cudgelling;
To be valid the writ must be signed by the senior official of the issuing authority, and the cudgelling thoroughly expedited by no later than twelve days after the issuance of the aforementioned writ.
Traditionally a writ of cudgelling is not considered to be lawfully applicable outside the territorial bounds of the jurisdiction of the issuing authority. Authorisation to pursue miscreants and fugitives for the purpose of cudgelling must be sought firstly from the governing authority where they are known to have fled and be at large. Owing to local considerations, this effectively entitled those subjects who reach Chryse, Ransenar, or the Sovereign Confederation to what would amount to an amnesty under conditions of sanctuary. Since the construction of the Turnpike bastions the instances of successful flights from justice have dropped off markedly.
Unless authorised by the High Presidium or the Magisters-Carnifex, it is generally considered bad form to attempt to serve a writ of cudgelling against serving members of the Benacian Union Defence Force, the Honourable Company, or the National Sector Party of the N&H in the realms of the Benacian Union. Attempts to serve writs of cudgelling would be refused by these organisations, which have their own internal mechanisms for disciplinary action, and would leave the Corps of the Gentlemen-at-Cudgels vulnerable to retaliatory actions. Such considerations would not however impede the work of the Magisters-Carnifex, who derive their authority from the Congress of Chryse, the extra-constitutional paramount authority of the Union-State.
Delegates of the Congress of Chryse, which meets every four years, enjoy immunity from cudgelling, this privilege however does not necessarily extend to their retainers, subject to the discretion of the Benacian Censorate.
It should be noted that protected persons, as subjects not possessed of sufficient merit, do not enjoy the customary protections outlined above and instead derive benefit from a different regime of applied discipline administered by the municipal corporations and the Benacian Labour Reserve.
