Proposed Kingdom Law Changes for a Curia
Their Majesties Æiríkr and Jacquelyna give notice that they will hold an online Curia Regis on Thursday March 18, 2021 at 7pm CET.
The agenda for this Curia is to review proposed changes to sections 1-5 of Drachenwald Law, separated into two proposals. These proposed changes are being put before the Curia for discussion. The outcome of that discussion may be that any of the proposed changes may be rejected, or altered before being implemented into Kingdom Law.
All Great Officers of the Kingdom should make every effort to attend this on-line Curia. If Great Officers are unable to do so, they may send a designated representative, or make their comments known to the Crown and Kingdom Seneschal in writing, by March 17, 2021. Members of the populace may also send comments in writing to the Crown (firstname.lastname@example.org) and Kingdom Seneschal (email@example.com) in advance of the meeting.
1. Proposal to change Drachenwald law section 1
The first section in the current law is somewhat difficult to read and has problems conveying its intentions. This proposal restructures and partially rewrites it. Some previously implicit parts have been written more clearly, taking advantage of examples set in East Kingdom and Lochac laws. These additions are fitted to the reality of our Kingdom (multiple affiliates whose contracts create By-Law level obligations).
The current law text also contains some outdated parts that have been rewritten in this proposal to reflect current practices, or removed altogether.
Reasoning for particular changes:
(1.01-1.02) The precedence of the body of laws has always been defined in the governing documents of the SCA. This is now explicitly noted. The body of laws has been clarified and now includes affiliates.
(1.03) The laws governing changing of laws and edicts have been divided into separate sections (1.03.3 for laws, 1.03.4 for edicts) for clarity. Although the text has been simplified, the process of changing laws has not been changed in this proposal.
(1.03.4.6) A change is proposed to the section on creating edicts: The Royal Heirs to the Crown would receive the option to publish edicts in the Dragon’s Tale before their Coronation. This change would make possible edicts that would last for an entire reign. It would solve the problem caused by the off-set between the dates for publication of the Dragon’s Tale and the dates of the Coronation events, which has resulted in delays between Coronation and the date when an edict could take effect.
(1.03.4.6) The proposal makes explicit the requirement of Crown proclaiming edicts at an event for them to take effect.
(1.04) The proposal eliminates the required paper publication of Drachenwald law. In the past the law was regularly published as the Great Book of Laws containing Drachenwald law, officer policies, and a list of past monarchs of Drachenwald. Such a publication of law and policies has not been made for years, and with the world wide web being as accessible as it is today, the proposal considers publication on the Kingdom Website sufficient. This also removes the need to involve the Kingdom Chronicler in the publication of the law. (Note that this is a separate matter from when laws are changed; both the proposed laws as well as pending laws continue to be published in the Dragon’s Tale.)
As the “Great Book of Law” had a very particular meaning related to paper publishing of law and policies, it is not included in this proposal. The law council suggests that the Great Book of Law could be reborn as a section on the Kingdom Website, linking together the law and the policies, but recognises that this matter belongs to Kingdom Webminister.
(1.05) The single definition of “written” has been expanded into a sub-section where other such definitions can be added when necessary.
The rewriting and reorganizing of the section was so extensive that the typical way of showing changed text was not suitable. In the law text below, all proposed text is bold and all old law text is marked with
Proposed law text
1.00 CONCERNING THE LAWS OF THE KINGDOM OF DRACHENWALD
1.01 The precedence of the law is defined in the governing documents of the SCA.
1.02 The body of laws within the Kingdom of Drachenwald consists of:
The By-Laws and Corporate Policies of the Society for Creative Anachronism and its affiliated organizations, as appropriate
The Corpora of the Society for Creative Anachronism
Drachenwald law (this document)
Edicts of the Crown of Drachenwald
Current policies of the Great Kingdom Officers
The Great Book of Laws for the Kingdom of Drachenwald Order of Precedence for these Laws
The By-Laws of the Society for Creative Anachronism, Inc. or - if applicable - the appropriate affiliated organisation as stated in any affiliation contracts with the S.C.A. Inc.
The Corpora of the Society for Creative Anachronism, Inc.
Governing and Policy Decisions of the Board of Directors of the Society for Creative Anachronism, Inc.
Kingdom of Drachenwald Law
Edicts of the Crown of Drachenwald (Binding only within the Kingdom) PROLOGUE: The purpose of this document is to delineate a comprehensive set of laws for the Kingdom of Drachenwald, within the constraints of Corpora. 1.00 CONCERNING THE LAWS OF THE KINGDOM OF DRACHENWALD 1.01 All laws not listed in the Great Book of Laws are repealed. Only those laws listed here along with the By-Laws and Corpora of the Society for Creative Anachronism, Inc. are in effect in the Kingdom of Drachenwald, along with any duly enacted additions or amendments.
1.03 Changing Drachenwald law and policies
1.03.1 The legislative authority in the Kingdom of Drachenwald is the Crown of Drachenwald.
1.03.2 Drachenwald law is maintained by the Kingdom Seneschal.
1.03.3 Changing Drachenwald law
1.03.3.1 Before changing any laws of Drachenwald, the Crown must consult their council, Curia.
1.03.3.2 In order to consult Curia, the current and new proposed law text must be published in the Dragon’s Tale before the Curia takes place, along with a description of reasons and context for proposing the change.
1.03.3.3 After receiving advice from Curia, the Crown may enact change to Drachenwald law.
1.03.3.4 When the Crown has chosen to enact a law the proposal becomes a pending law.
1.03.3.5 Pending laws should be submitted to the Chronicler of the Dragon’s Tale within thirty days and must be submitted within sixty days after the Curia for publication in the next possible issue.
1.03.3.6 The Kingdom Chronicler may not publish pending laws without the documented approval of the Sovereign, the Consort, and the Kingdom Seneschal.
1.03.3.7 Laws take effect after being proclaimed at an event as defined in the Corpora and having been published in the Dragon’s Tale.
1.03.4 Extending Drachenwald law by edicts
1.03.4.1 The Crown has a power to extend Drachenwald law with edicts.
1.03.4.2 An edict may not repeal or suspend Drachenwald law.
1.03.4.3 Edicts last for the duration of the Crown’s reign.
1.03.4.4 Edicts must be approved by both the Sovereign and the Consort.
1.03.4.5 Edicts must be reviewed for conflict with other laws by the Kingdom Seneschal.
1.03.4.6 Edicts take effect after being proclaimed at an event as defined in the Corpora and having been published in the Dragon’s Tale. The publication can happen before Coronation.
1.02 Concerning Laws and Edicts: 1.02.1 No laws of Drachenwald may be enacted without approval of the Crown after consultation with Council (Curia Regis). 1.02.2 Laws take effect after publication in the Dragon’s Tale and proclamation at an official event listed in the Dragon’s Tale calendar as per Corpora.. 1.02.3 Edicts take effect after publication in the Dragon’s Tale. 1.02.4 An edict may not repeal or suspend Kingdom law. 1.02.5 Edicts must be approved by both the Sovereign and Consort and reviewed for conflict with other laws by the Seneschal. Edicts last for the duration of the Crown’s reign. 1.03 Pending laws should be submitted to the Chronicler of the Dragon’s Tale within thirty days and must be submitted within sixty days after each Curia Regis for publication in the next possible issue. 1.04 The Chronicler may not publish any laws without the documented approval of the Sovereign, Consort, and Kingdom Seneschal.
1.04 Publication of Drachenwald law
1.04.1 The Kingdom Seneschal is responsible for the publication of Drachenwald law.
1.04.2 Drachenwald law is published on the Kingdom website.
1.04.3 Drachenwald law shall include a revision date and a list of the signatories for the current law.
1.05 Laws of the Kingdom of Drachenwald are to be maintained by the Kingdom Seneschal and made available to the populace by the Chronicler on the Kingdom web site. This web copy shall include a revision date and a list of the signatories for the current Laws. Paper copies will be available at the requester’s expense from the Kingdom Chronicler. In the event of a conflict, the latest paper publication of the Kingdom laws plus the properly enacted additions or amendments shall hold precedence over the web page. 1.05.1 The cost of publishing the required paper copies of the Great Book of Laws shall be paid by the Kingdom of Drachenwald Treasury. 1.05.2 The King and Queen of Drachenwald, Crown Prince and Princess of Drachenwald, and each Greater and Lesser Kingdom Officer shall receive personal printed copies of the Great Book of Laws at no charge when they request it from the Kingdom Seneschal. 1.05.3 The Society Seneschal, and Drachenwald’s Ombudsman shall receive a free copy of the new law at each new printing.
1.04.4 The policies of the Great Kingdom Officers must be published on the Kingdom website. This includes but is not limited to:
Kingdom Financial Policies
Rules of the Drachenwald List
Reporting requirements for each office
1.05.4 All current policies of the Greater Kingdom Officers shall also be published on the Kingdom website and included in the bi-annual publication of the Great Book of Laws. These policies shall include, but not be limited to: Kingdom Financial Policies, Rules of the Drachenwald List, and reporting requirements for each office.
1.05 Definitions of some terms used in Drachenwald law
1.05.1 Written, in writing: communications sent either by postal mail or electronic mail.
1.06 Any use of the words “written” or “in writing” throughout these laws is defined as communications sent either by postal mail or electronic mail.
2. Proposal to change Drachenwald law sections 2-5
The main motivation behind these changes is to remove gender specificity where it isn’t needed or it is inconsistent with other parts of the law.
Another proposed set of changes seek to make the text of the law consistent regarding terminology and capitalization. One of these proposed changes is removing the capitalisation of the Royal pronouns from the law. It, along with other decrease in spelling terms with capital initials, seeks to make the law text easier to read especially to non-native English speakers, and simpler to maintain in a consistent manner. The struggles in the latter show in the current law text where in many instances the same word is capitalized or not in different parts of the law. The law council wishes to emphasize that making these changes in the law text in no way seeks to prevent using Royal capitalization elsewhere.
Reasoning for particular changes:
(2.03.5, 3.02.1) In the current law “Sanctum” is defined as an area ten feet radius surrounding the throwns and the Crown’s presence. Many event venues make it challenging to observe such a set radius, so the proposal has removed the exact measure. Neither the word “Sanctum” nor the measurement are found in Corpora. the proposal has replaced both with “the right to a zone of respectful distance surrounding the thrones and the Crown’s presence, into which others may enter only upon invitation of a monarch.”
(2.04) Although the descriptions for failures of succession and regency have been clarified, they have not been otherwise changed.
In the proposed law text below, added text is marked with bold and removed text is marked with
strikethrough. All other text is unchanged from the current law text.
Proposed law text
2.00 CONCERNING THE DUTIES AND PRIVILEGES OF THE CROWN
2.01 The Crown shall consist of the Sovereign and the Consort, as defined in Corpora. These two shall have equal powers and neither may act without the other, except as provided herein.
2.02 Duties of the Crown
2.02.1 Being present at their
Their Coronation, the next Crown Tournament, the Coronation of their Their successors, Successors, and such meetings of Curia as they They hold during their Their reign.
2.02.2 The Crown must be able to maintain rapid communication with one another, their Kingdom officers, and their subjects
the population for the duration of their reign.
2.02.3 Being for their
Their people examples of chivalry, courtesy, and the virtues appropriate to nobles, noblemen and noblewomen, and encouraging these virtues in their people.
2.02.4 Knowing, upholding and abiding by the law of Drachenwald,
Laws of the Kingdom, and the By-Laws and Corpora of the SCA S.C.A. along with any duly enacted additions or amendments.
2.02.5 Being true and faithful servants of their
Their Realm: upholding their Their people’s rights, working for their benefit, maintaining the Crown’s justice among all subjects in their Their Kingdom.
2.02.6 It is the responsibility of the Crown to ensure that a list of all awards granted by them
Them is received by the Schwarzdrachen Herald and the Kingdom Chronicler.
2.02.7 Watching over and encouraging the arts and sciences
Arts and Sciences in the Kingdom.
2.02.8 Encouraging special care in the extension of hospitality and welcome to new and prospective members.
2.02.9 Maintaining files to be turned over to the Royal Heirs
Successors at such time as they They ascend to the thrones.
2.02.10 Relinquishing any office held, for the duration of the reign.
2.02.11 There shall exist certain regalia, which shall remain the property of the Kingdom, but shall be in the keeping of the Crown. The care and maintenance of this regalia shall be solely the responsibility of the Crown. The use of this regalia shall be solely the prerogative of the Crown. This regalia may include, but is not limited to: crowns, scepters, staves, weapons, shields, banners, cloaks, and robes.
2.02.12 Disposal of Regalia
2.02.12.1 With Curia’s approval, regalia no longer needed by the Kingdom will be auctioned off to the highest bidder. If no bids are received, the items will be disposed of in an appropriate manner. Items so auctioned may not be used as symbols of the Kingdom of Drachenwald.
2.02.12.2 With the consent of the Crown, these items may be displayed for historical purposes.
2.03 Privileges of the Crown
2.03.1 The right to acknowledge the attainment of County or Duchy title by those who have met the requirements. In the event that either monarch
Monarch does not possess a Patent of Arms, two months before Coronation the Royal Heirs Crown Prince and Princess shall poll all Patent-holding Royal Peers resident in Drachenwald. If, after the polling, the Royal Heirs Crown Prince and Princess feel that the monarch Monarch meets Corpora standards, then the monarch Monarch shall receive a Patent of Arms upon descending the throne. Throne.
2.03.2 The right to make and repeal
such laws of Drachenwald in accordance with the process described above. as the Crown shall deem necessary for the conduct of the Kingdom, subject to the laws of Drachenwald.
2.03.3 The right to use the kingdom regalia during their reign. The right to receive such gifts as may be made to the Crown during their reign and to preserve such gifts for their successors. The right to receive such personal gifts as shall be made during their reign.
The right to receive such gifts as may be made to the Crown during Their Reign and to preserve such gifts for Their Successors. The right to receive such personal gifts as shall be made during Their Reign. The right to use such possessions and treasures during Their Reign as the Crown may already possess.
2.03.4 The sole right to call such courts
Courts as may be necessary for the governance of the Kingdom.
2.03.5 The right to a zone of respectful distance surrounding the thrones and the Crown’s presence, into which others may enter only upon invitation of a monarch.
The right of Sanctum. Sanctum shall be defined as the area ten feet in radius surrounding the Thrones and the Crown’s presence, which may be used exclusively by the Crown and into which other members of the Kingdom may enter and/or share upon the invitation of the King and/or Queen.
2.03.6 The right to a clear direct line of sight between a monarch
the King and/or Queen and the principal activity of the event.
2.04 Failure of Succession
2.04.1 In the case that either the Sovereign or the Consort should fail, the other shall assume the full powers of the Crown, for the remainder of the reign.
2.04.2 In the case that both the Sovereign and the Consort should fail, the Seneschal shall become Regent. The Regent shall have all duties and privileges of the Crown granted under Corpora and these laws, except the right to make or bestow awards and orders, the right to make or change law, and the right to a zone of respectful distance surrounding the Crown’s presence.
2.04.3 The Regent shall hold a Coronation or Crown Tournament (as appropriate) at the earliest possible date, and crown the victorious couple immediately.
Should the Seneschal become Regent, he/she shall hold a Coronation or Crown Tournament (as appropriate) at the earliest possible date, and invest the victor and his (her) consort as King and Queen immediately.
2.04.4 In the case that either Royal Heir
the Crown Prince or Princess should fail, a new Crown Tournament shall be held in place of the previously scheduled Coronation, and the victorious couple Victor and his (her) Consort shall be crowned as King and Queen immediately. In such case, only those fighters who had fought in the previous Crown Tournament shall fight in the new one.
2.04.5 The succession
Succession fails when either Royal Heir whenever the Crown Prince or Princess abdicates or is unable to fulfill the duties listed in Corpora and these laws, as determined by the Crown. If the duties that were not fulfilled are those listed in 3.01.1 or 3.01.3 or 3.01.4 or 3.01.5 the Crown will determine whether the lapse was willful before declaring a failure.
2.04.6 Failure of the Sovereign or the Consort occurs due to abdication or being unable to fulfill the duties listed in Corpora and these laws.
when the King or Queen abdicates or is unable to fulfill the duties listed in Corpora and these laws. The failed monarch In failure, the Sovereign or Consort is disqualified from any honors and privileges that would otherwise have been derived deriving from the failed reign.
3.00 CONCERNING THE DUTIES AND PRIVILEGES OF THE ROYAL HEIRS TO DRACHENWALD
3.01 Duties of the Royal Heirs
3.01.1 At least one of the Royal Heirs must attend each Curia.
3.01.2 Attending their
3.01.3 Acting, in the absence of the Sovereign and the Consort, and by their writ, to conduct such courts
Courts as shall be deemed necessary by the Crown.
3.01.4 Using the three month succession period to recruit and train those replacements necessary to take over any office which the Royal Heirs
Successors hold and must relinquish upon their Their Coronation.
3.01.5 There shall exist certain regalia, which shall remain the property of the Kingdom, but shall be in the keeping of the Royal Heirs.
Successors. The care and maintenance of this regalia shall be solely the responsibility of the Royal Heirs. Successors. The use of this regalia shall be solely the prerogative of the Royal Heirs. Successors. This regalia may include, but is not limited to: coronets, scepters, staves, weapons, shields, banners, cloaks, and robes.
3.01.6 The Royal Heirs
Crown Prince and Crown Princess shall ensure that each has access to the Dragon’s Tale and maintain this subscription throughout their reign. Reign.
3.02 Privileges of the Royal Heirs
3.02.1 The right to a zone of respectful distance surrounding their presence.
3.02.2 The right to receive such gifts as may be made to the Royal Heirs,
Successors, and to preserve such gifts for the next Royal Heirs; Successors; the right to receive personal gifts made to the Royal Heirs; Successors; and the right to use all such possessions and treasures given to them during their tenure as Royal Heirs. Successors.
THE CURIA REGIS
4.01 The Crown must consult Curia
Regis in order to make, delete, or amend Kingdom law. A quorum of four Great Officers Greater officers (or their duly designated representatives) have the right to demand that Curia Regis be convened.
4.02 The following are entitled to a seat on the Curia:
4.02.1 The Royal Heirs
Crown Prince and Crown Princess of Drachenwald.
4.02.2 All Drachenwald territorial Coronets.
Princes and Princesses.
4.02.3 All Great Officers of Drachenwald.
4.02.4 All Lesser Officers of Drachenwald.
4.02.5 The Seneschal
seneschal of each branch within Drachenwald or their designated representative. legate or envoy.
4.02.6 Holders of Peerage residing in Drachenwald.
4.02.7 All Drachenwald
The territorial Baronage.
4.02.8 Any other person who wishes to attend is welcome and may speak if recognized by the Crown.
4.03 For a Curia
Regis to be convened, at least four Great Officers or their duly designated representatives must be present in person.
4.03.1 Great Officers must make every effort to attend Curia. Those who cannot attend must send their designated representative to represent them at Curia or they may send written comments to the Curia agenda
Agenda items to the Crown Crowns prior to the day scheduled for Curia.
4.04 In order to fulfill the requirement that the monarchs
Monarchs must “consult with Curia”, they must do the following:
4.04.1 Call a Curia with either of the following:
4.04.1.1 A notice in the Dragon’s Tale
Dragon’s Tale appearing no later than either:
4.04.1.1.1 The issue dated the same month as the Curia date, provided the Curia is on or after the fifteenth of the month, OR
4.04.1.1.2 The issue dated the month before the Curia date, provided that the Curia is scheduled before the fifteenth of the month.
4.04.1.2 In an emergency, a letter or e-mail notification to all those with seats on Curia (as defined in 4.02.1 thru 4.02.7 above) postmarked at least twenty-one days prior to the Curia date.
4.04.2 The calling notice or letter must state the place, date and preliminary time for the Curia, and set forth the agenda of items to be discussed.
4.04.2.1 All items that are known at the time of the Curia announcement shall be listed on the agenda, either in the form of a concise summary of the item proposed, or by printing the text of the proposal. This includes matters carried over from past Curias, which shall be placed under Old Business.
4.04.2.2 Any matters that come to the attention of the Crown after the Curia has been called shall be placed, at the Crown’s discretion, on the agenda under New Business after the previously announced agenda items. Changes in Drachenwald law
Law will not be handled in this manner.
4.04.2.3 In the event that a Curia is held after the notice for a subsequent Curia has been sent - either to the Dragon’s Tale
Dragon’s Tale or to those with seats on Curia - any items of business held over from the Curia will be automatically placed on the agenda under Old Business for the subsequent Curia.
4.04.3 Solicit and listen to the opinions of those attending
on Curia, giving adequate time for discussion. While it is not a requirement, the Crown is advised to act with the consensus of those attending the people on Curia.
5.00 CONCERNING THE OFFICERS OF THE KINGDOM
5.01 The Great Officers of the Kingdom of Drachenwald are as follows, in
the order of precedence: Precedence, as follows:
Kingdom Earl Marshal
Kingdom Minister of Arts and Sciences
Kingdom Chancellor of the Exchequer
Kingdom Signet Clerk
Kingdom Web Minister
5.02 The Lesser Officers of the Kingdom of Drachenwald and the Great Officers
greater officers responsible for them are as follows, in order of precedence: Precedence, as follows:
Kingdom Historian - Chronicler
Kingdom Chatelaine - Seneschal
Kingdom Captain-General of Archers - Earl Marshal
Kingdom Marshal of Fence - Earl Marshal
Kingdom University Chancellor - Minister of Arts and Sciences
Kingdom Minister of Youth - Seneschal
Kingdom Social Media Officer - Web Minister
5.03 All Great
Greater and Lesser Officers must hold a membership in the SCA S.C.A or any appropriate affiliate organization. organisation. They must have access to the Dragon’s Tale.
5.03.1 All Kingdom Officers will take and train a deputy
Deputy for their office Office who will be warranted as the designated successor, Designated Successor, referred to in Corpora VI. VI.C.6.
5.03.2 With the exception of Seneschal, Herald, Earl Marshal, and Chancellor of the Exchequer, all other Kingdom officers may hold Shire, Baronial or Principality offices, at the discretion of the Crown. These officers must train a successor to their Shire, Baronial, or Principality office as soon as possible.
5.03.3 No person may hold more than one Kingdom level office concurrently.
5.03.4 All Great Officers will submit to the Crown and the Kingdom Seneschal a copy of any official reports forwarded to their corresponding Society Officer.
corporate superiors. If a Great Officer does not submit quarterly reports to their corresponding Society Officer corporate superior at least once a quarter then, as a minimum will submit a quarterly written report to the Crown Crowns two weeks prior to Coronation and Crown Tourney.
5.03.5 All officers shall maintain files for their office, open to review by the Crown at any time, and to be turned over to their successor within thirty days of leaving office.
5.03.6 All officers have the authority to make policy for the administration
discharge of their offices and their subordinate’s duties within the limits of the office. All such policies shall be published along with Drachenwald law. the Great Book of Laws in their paper and electronic forms. These policies shall include, but are not limited to: Kingdom Financial Policies, Rules of the List of Drachenwald, and reporting requirements for each office.
5.03.6.1 Policies of the Kingdom Officers shall take effect after they have been published in the Dragon’s Tale.
5.03.6.2 Standard quarters will be used for reporting purposes within Drachenwald. These quarters are January through March, April through June, July through September, and October through December. Quarterly reports due to Kingdom Great Officers will have standard deadlines of 25 April (for the first quarter), 25 July (for the second quarter), 25 October (for the third quarter), and 25 January (for the last quarter/Domesday reports). Kingdom Officers who require only semi-annual reports will use the January and July deadline for their reporting requirements.
5.03.7 Each Kingdom
kingdom officer is responsible for the office-related activities of their his/her deputies and subordinate officers.