The Board of Directors is seeking feedback on a proposed edit to Corpora to remove references to ‘Courts of Chivalry’.
Explanation: In the early days of the SCA, “Courts of Chivalry” were used to deal with completely in-game behavioral issues such as failure to acknowledge blows on the tourney field, lack of what was seen as proper courteous behavior toward ladies, etc. Sometimes these “courts” were codified in kingdom laws, and sometimes they were not. Often there was confusion. However, over the decades the SCA has developed standardized policies with which to deal with these issues that do not include public courts conducted by the Crown, peerage bodies, or other entities. These policies have the benefit of providing consistency across the Society, regardless of Kingdom. While many kingdoms still have laws regarding such “courts”, they are seldom or inconsistently used. Often the courts are not in compliance with Society policies on investigative procedures and sanctions, and can set up an expectation that the SCA will function akin to a law court, which is problematic as it is untrue. As a result of the creation of new policies to handle these problems, some kingdoms have chosen to eliminate all references to such courts from their laws. Unfortunately, Corpora still implies they are required (Corpora II.C.4.h, below).
To clarify the matter, the Board seeks commentary on a proposal to eliminate from Corpora all references to Kingdom Courts set up to deal with disciplinary issues. This would not necessarily prevent a kingdom from continuing “courts of courtesy” or other mechanisms that work for them as long as those mechanism are in compliance with Society policies, but would remove the Corpora expectation that such “courts” are required.
Commentary is requested by September 25, 2024.
Glossary:
Court of Chivalry / Court of Inquiry:A panel, defined according to kingdom law, convened to investigate issues and possibly recommend action to the appropriate Society authority.
Corpora III.C.4: Branches-Branch Designations-Kingdom:
4. Kingdom: A kingdom is a sovereign entity within the Society which has the right to select a ruling King and Queen Sovereign and Consort by armored combat. A branch or contiguous group of branches may petition for kingdom status if the resulting entity would fulfill the requirements listed below:
(Note: Changing “King and Queen” to “Sovereign and Consort” is an editing change to bring this language in line with other parts of Corpora. It is not relevant to the elimination of courts of chivalry.)
………………………
h. A body of kingdom law which provides for the maintenance and succession of the Crown; for the definition and advancement of local branches; for the appointment and removal of territorial Barons and Baronesses; for the conduct of such courts as may be required for the maintenance of the realm; and for such other matters as are found necessary. Draft laws, in the form to be presented to the victors of the first Crown Lists, must accompany a petition for kingdom status.
Corpora IV.G.9: Royalty-The Crown:
The Crown may establish and call such courts as may be necessary for the governance of the realm, in accordance with kingdom law and custom.Any courts within the Society are presumed to be within the historical context of the Society and pertain only to conduct within the structure and definitions of the Society.
The primary purpose for these courts within the Society is for the investigation of questions and issues, for opening communications on issues; and for the clarification of issues. Only secondarily are courts considered to be for the purpose of trying members of the Society for alleged behavior or incidents. No courts of the latter type are to be established by any branch below kingdom level.
No court shall be held within any kingdom on individual behavior that falls within the jurisdiction of a civil or criminal court maintained by the nation or other political division where it takes place, nor shall any recommendation about individuals be made on such issues. However, a given action may have implications both in law and in the Society‘s rules of courteous behavior. A court which restricts itself to the latter may be held as long as the act in question occurred in a Society context.
If a court concludes that the appropriate action is one beyond the powers of the Crown or Kingdom to enact, the judgment should be issued in the form of a request to the Society Seneschal.
Corpora IV.H.6-8: Royalty-The Coronet:
The Coronet may call courts of inquiry only if the Crown approves.
7. Reservations to the Crown
- When the Crown believes the Coronet has overstepped the bounds of law and custom, the normal recourse should be to attempt in-kingdom mediation
and then a Court of Chivalry, if neededand then referral to the Board, if needed.
If the Board upholds the judgment of such a Court, the affected parties may be subject to loss of any honors and privileges deriving from their reign, and nullification of any official acts dating back to the incident which led to the invocation of the Court.
- If the Crown feels that rapid action is essential to protect the Society, it has the option of
banishing the Coronet from the realmissuing an Exile from the Kingdom against the Coronet, effectively putting the principality reign into abeyance until either conditions change within the kingdom or the Board acts.countermands the order.However, if the Board does not agree with the Crown’s judgment regarding the urgency of the situation, the Board may choose to take action against the Crown as well as or instead of the Coronet.
8. Reservations to the Board
- The Board reserves to itself the final determination regarding discipline of members for actions taken while serving as Sovereign or Consort of a Principality. However, the Coronet remains subject to the Crown, and provisions regarding
Courts of Chivalry and banishmentRoyal sanctions still apply.
Corpora X.B.4.b: Grievances and Sanctions-Sanctions-Reservations to the Board of Directors:
b. Sanctions upon Individuals for Actions taken as Coronet
The Board reserves to itself the final determination regarding discipline of members for actions taken while serving as Sovereign or Consort of a Pprincipality. However, the Coronet remains subject to the Crown, and provisions regarding Courts of Chivalry and Royal sanctions. If the Crown believes the Coronet has overstepped the bounds of law and custom, the normal recourse should be in-kingdom mediation and then referral to the Board. a Court of Chivalry. If the Board upholds the judgment of such a Court, the affected parties may be subject to loss of any honors and privileges deriving from their reign, and nullification of any official acts dating back to the incident which led to the invocation of the Court. If the Crown feels that rapid action is essential to protect the SCA, it has the option of imposing an Exile from the Kingdom Proscription from Active Participation upon the Coronet from the realm, effectively putting the principality reign into abeyance until either condition change within the kingdom or the Board acts. countermands the order. However, if the Board does not agree with the Crown’s judgment regarding the urgency of the situation, the Board may choose to take action against the Crown as well as, or instead of, against the Coronet.
(Note that the above section contains outdated language regarding available royal sanctions; this has also been changed to current terminology.)
Corpora, including the By-Laws, can be found in its entirety can be found here: https://www.sca.org/resources/document-library/govdocs/
Please email all commentary to [email protected] and use the title “Courts of Chivalry” in the subject line.
In lieu of email, commentary may be sent by US Mail, Postage-Prepaid, to:
Society for Creative Anachronism, Inc.
RE: Courts of Chivalry
P.O. Box 611928
San Jose, CA 95161
Commentary regarding this proposed Corpora change, whether sent by email or US Mail, must be received by the Board no later than September 25, 2024.
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