Quote Originally Posted by Lord Vukodlak View Post
But even as a general rule, do you execute a surrendering big bad? Well usually those types of people have done stuff that will earn them and execution anyway if you did bring them back for trial.
So why are they even surrendering?
In 3rd edition paladins are lawful good divinely empowered instruments of justice. If they can not be brought back for trial and their sentience carried out safely. Then it may be the paladins duty to carry out that sentience on the spot.

“Lord Darkhold, you murdered scores of innocent men, women and children without care or remorse. Turned them into your armies of the dead and unleashed them upon your enemies. Any prisoners you took were worked to death in your iron mines. For your crimes against sapience the sentience is death!”

And if the big bad didnÂ’t do something worthy of a death sentience. You might have to question why you slaughtered all his men.
For real. You aren’t going to have Trial by Combat/Ordeal in D&D. That depends on the idea that god protects the innocent and just, which isn’t likely if Malar or Bane is as likely to be watching the fight as Selune or Mystra. Other than that, most medieval trials weren’t trials as we would think of them. I can’t see most groups going out of their way to deliver someone to the local magistrate for summary execution when there is a perfectly good knight or priest right there in the party to pass judgment.