How to Write Kingdom Law
Magistra Rosemounde of Mercia,
mka Micaela L. Burnham, attorney-at-law, ret. (copyright 2014)
A small disclaimer: I do not claim that this is the only procedure or methodology for writing laws within the SCA. This is simply a guide to help those who are unfamiliar with what can be a complex and confusing process. We will discuss here two types of law. The first are laws that prohibit or require some actions on the part of members of the populace, and the second is law setting out the various Kingdom orders. Although these laws cover very different things, the process of writing them is quite similar.
Type one: Law requiring or prohibiting actions. For the purposes of this article we are going to use this fictional example: The Kingdom wants a law prohibiting firearms at SCA events.
In this example I have not attempted to address everything that might relate to this law; for example, if someone had a firearm in their vehicle. I am not trying to write a real law for the Kingdom. Even so, you can clearly see that a simple concept can become a lengthy piece of writing. Imagine that you are writing this law with a committee, or a legislature. I’m sure you can see how convoluted a law might become. (Thus, the oft quoted adage, “Laws are like sausages. If you like them, don’t ask how they’re made.”) That is why we need to pay attention to the steps I have outlined here. Proper structure and wording make even the most complex legal concepts easier to read and understand.
Type two: Laws relating to Kingdom orders. There are two distinct types of Kingdom orders; polling and non-polling. Laws relating to non-polling orders are the easiest to write, so we will start with those. Our fictional example will be an order rewarding excellence in siege weapons, which we will call the Order of the Silver Ballista, or OSB.
This covers the basics of writing Kingdom law. Although the KISS rule (Keep It Simple, Stupid) should apply, clarity is your goal, and you must take care to cover all the various aspects of the law. Remember, lawmakers bring order to a chaotic world.
Magistra Rosemounde of Mercia,
mka Micaela L. Burnham, attorney-at-law, ret. (copyright 2014)
A small disclaimer: I do not claim that this is the only procedure or methodology for writing laws within the SCA. This is simply a guide to help those who are unfamiliar with what can be a complex and confusing process. We will discuss here two types of law. The first are laws that prohibit or require some actions on the part of members of the populace, and the second is law setting out the various Kingdom orders. Although these laws cover very different things, the process of writing them is quite similar.
Type one: Law requiring or prohibiting actions. For the purposes of this article we are going to use this fictional example: The Kingdom wants a law prohibiting firearms at SCA events.
- Step one: Do we really need this law? This should always be your first question. Many laws are unnecessary or repetitive of existing laws. To determine whether the law is necessary in our example, we would have to review Kingdom law as it exists now, to see if this is already covered, perhaps in a place that would be unexpected, such as site regulations. If after review, we determine that yes, we need this law, then we move to step two.
- Step two: Outlining the basic law. In our example this could be; “No firearms can be brought to SCA events.” This is a very basic statement, and it will have to be modified, but it is always best to write out a brief sentence with the gist of the matter to get started.
- Step three: Modifications. Modifiers are almost always necessary. Here are some of the most common ones.
- Location, location, location—where does this law apply? In our example the law is for the Kingdom of Meridies. So the law is modified to, “Within the Kingdom of Meridies, no firearms can be brought to SCA events.” Another location in this law is “SCA events.” Which events does this apply to? Do we intend for it to apply to events for which there is a monetary fee, or is it to also apply to fighter practices, demos, etc.? Let’s say that we want it to apply to all SCA sponsored events, whether there is a fee or not. The law then becomes, “Within the Kingdom of Meridies, no firearms can be brought to any SCA sponsored events.” Next, do we need to list some examples to make the word “sponsored” easier to understand? It is usually a good idea to do that, although it might be impossible to list them all. Our law might now look like this, “Within the Kingdom of Meridies, no firearms can be brought to any SCA sponsored events. This includes, but is not limited to, events on the Kingdom calendar, local meetings, fighter practices, and demos.” OK, we’ve covered a lot of territory here, but what if a local group is still unsure about whether a specific activity applies? Let’s add some directions. “Within the Kingdom of Meridies, no firearms can be brought to any SCA sponsored events. This includes, but is not limited to, events on the Kingdom calendar, local meetings, fighter practices, and demos. Any questions about whether or not an event qualifies under this law should be directed to the Kingdom Seneschal.” At this point we have covered location in sufficient detail.
- Diction and grammar—use the right words. One of the biggest problems with laws is that they are unclear because the authors did not use proper wording or grammar. In our example, the phrase “…no firearms can be brought…” is very clumsy. For one thing, the use of the word “can” is incorrect. “Can” means “is able.” The more proper word is “may” or more forcefully, “shall.” “Shall” is the legal equivalent of “must.” But this phrase is still awkward. What do we really care about? Is it bringing a firearm to an event? Or is it firearms being present at an event? If we forbid the bringing, what happens if a mundane person brings the firearm and leaves it with someone attending the event? Have they broken the law? I think it would be debatable. So let’s change the wording for that as well. Now we have this; “Within the Kingdom of Meridies, no firearms shall be allowed at any SCA sponsored events. This includes, but is not limited to, events on the Kingdom calendar, local meetings, fighter practices, and demos. Any questions about whether or not an event qualifies under this law should be directed to the Kingdom Seneschal.”
- Where’s the negative? Anytime you are banning something, you should think about how you phrase it. Although the law as we have it is clear, it could be a stronger statement if we said, “Within the Kingdom of Meridies, firearms shall not be allowed at any SCA sponsored events…” The use of italics or boldface can be used to emphasize a phrase as well.
- Write like Hemmingway, not like Faulkner. Use one word that provides clear meaning, instead of adjectives or adverbs. In our example that could be, “Within the Kingdom of Meridies, firearms are prohibited at any SCA sponsored events…”
- Specificity. Make sure all your words say what you want them to say. In our example, “any” can mean “some.” So we need to change that as well. Our law now reads, “Within the Kingdom of Meridies, firearms are prohibited at all SCA sponsored events…”
- Step four: exceptions. Our example law after modifications reads as follows, “Within the Kingdom of Meridies, firearms are prohibited at all SCA sponsored events. This includes, but is not limited to, events on the Kingdom calendar, local meetings, fighter practices, and demos. Any questions about whether or not an event qualifies under this law should be directed to the Kingdom Seneschal.” Do we want or need exceptions? What about non-functional, decorative only period firearms? Many firearms existed within SCA periods. What if someone wants to make one for an A&S Faire? Or perhaps at some event, trained personnel would like to demonstrate how period firearms worked. Do we want to allow these things? Let’s assume that we do. Exceptions to a law should be separate from the body of the law, usually in a subparagraph. Remember that all the rules of law writing apply to them as well. Using our example, we could have this, “Within the Kingdom of Meridies, firearms are prohibited at all SCA sponsored events. This includes, but is not limited to, events on the Kingdom calendar, local meetings, fighter practices, and demos. Any questions about whether or not an event qualifies under this law should be directed to the Kingdom Seneschal.”
- Exceptions
- Non-functional/decorative reproductions of period (pre-1600) firearms are not a violation of this law.
- Functional reproductions of period (pre-1600) firearms may be allowed under certain circumstances:
- The event site will allow it; and
- The firearm is part of an Arts and Sciences display or demo and,
- The firearm cannot be fired due to disabling the firing mechanism, or
- Lack of any ammunition; OR
- The firearm is part of a demonstration, and
- The firearm is being handled by qualified personnel, and
- A proposal for the demo has been submitted at least thirty (30) days prior to the event. The proposal shall include:
- Written approval from the event site for the demo, and
- The qualifications of the personnel handling the firearm(s), and
- The location, and time of the demo as well as crowd control plans, and other safety issues, AND
- The Kingdom Seneschal, after consultation with the Kingdom Earl Marshal and the Crowns, has approved the proposal.
- There is no exception for off-duty law enforcement or military personnel.
- Exceptions
- Step five—Penalties. There is no reason to have a law unless there are teeth of some sort. In this case, firearms are a safety issue and may violate mundane law, so the penalties are likely to be serious. Penalties, like exceptions, should be a subsection. Let’s say we want one penalty that always applies, and another that might apply, depending on how serious the infraction. In our example, “Within the Kingdom of Meridies, firearms are prohibited at all SCA sponsored events. This includes, but is not limited to, events on the Kingdom calendar, local meetings, fighter practices, and demos. Any questions about whether or not an event qualifies under this law should be directed to the Kingdom Seneschal.”
- Exceptions
- Non-functional/decorative reproductions of period (pre-1600) firearms are not a violation of this law.
- Functional reproductions of period (pre-1600) firearms may be allowed under certain circumstances.
- The specific site will allow it; and
- The firearm is part of an Arts and Sciences display or demo and,
- The firearm cannot be fired due to disabling the firing mechanism, or
- Lack of any ammunition; or
- The firearm is part of a demonstration, and
- The firearm is being handled by qualified personnel, and
- A proposal for the demo has been submitted at least thirty (30) days prior to the event. The proposal shall include:
- Written approval from the event site for the demo, and
- The qualifications of the personnel handling the firearm(s), and
- The location, and time of the demo as well as crowd control plans, and other safety issues, and
- The Kingdom Seneschal, after consultation with the Kingdom Earl Marshal and the Crowns, has signed off on the proposal.
- There is no exception for off-duty law enforcement or military personnel.
- Penalties
- All persons found to be in violation of this law shall be expelled from the event, and a report shall be submitted by the local seneschal to the Kingdom Seneschal within seven (7) days, outlining the details of the violation.
- Any site fees paid by a violator shall be forfeited.
- After review, the Kingdom Seneschal will make a report to the Crowns, who may take further actions, including banishment.
- Any violation that is also a violation of mundane law shall be reported to the SCA Board of Directors by the Kingdom Seneschal within thirty (30) days of the violation.
- Exceptions
In this example I have not attempted to address everything that might relate to this law; for example, if someone had a firearm in their vehicle. I am not trying to write a real law for the Kingdom. Even so, you can clearly see that a simple concept can become a lengthy piece of writing. Imagine that you are writing this law with a committee, or a legislature. I’m sure you can see how convoluted a law might become. (Thus, the oft quoted adage, “Laws are like sausages. If you like them, don’t ask how they’re made.”) That is why we need to pay attention to the steps I have outlined here. Proper structure and wording make even the most complex legal concepts easier to read and understand.
Type two: Laws relating to Kingdom orders. There are two distinct types of Kingdom orders; polling and non-polling. Laws relating to non-polling orders are the easiest to write, so we will start with those. Our fictional example will be an order rewarding excellence in siege weapons, which we will call the Order of the Silver Ballista, or OSB.
- You always start, as with any law, with a basic statement. There shall be in the Kingdom of Meridies an award for excellence in siege weaponry known as the Order of the Silver Ballista (OSB).
- Do we want this to be for excellence in usage, or for excellence in making the siege weapons? Let’s say that both should be included. So now we have: There shall be in the Kingdom of Meridies an award for excellence in the production and/or use of siege weaponry known as the Order of the Silver Ballista (OSB).
- Do we need to add any other criteria to make it clear what this order is to be given for? Do we mean “real” siege weapons or siege weapons meant to be used in SCA combat? In our example the Crown has decided that A&S would cover real working siege weapons, and this award is for SCA combat only. Now our law may look like this:
- There shall be in the Kingdom of Meridies an award for excellence in the production and/or use of siege weaponry in SCA combat, both light and heavy, known as the Order of the Silver Ballista (OSB).
- Precedence. Precedence is extremely important in Kingdom law, and it must always be mentioned in any law pertaining to the Kingdom orders. Precedence may be listed as a subsection. Generally it is easier to find if it is.
- In this first example, we will assume that the award carries no precedence. There shall be in the Kingdom of Meridies an award for excellence in the production and/or use of siege weaponry in SCA combat, both light and heavy, known as the Order of the Silver Ballista (OSB).
- This order shall carry no precedence.
- In this second example, we will assume that it does carry precedence. Remember that the whole idea of precedence requires you to include where persons bearing this award will “process” in any formal procession in order of precedence.
- In this first example, we will assume that the award carries no precedence. There shall be in the Kingdom of Meridies an award for excellence in the production and/or use of siege weaponry in SCA combat, both light and heavy, known as the Order of the Silver Ballista (OSB).
- This order shall carry an Award of Arms. Members of this order will process ahead of those with a simple Award of Arms, but behind all other orders carrying an Award of Arms.
- Badge and regalia. Most orders have a badge and/or regalia of some sort. Badges, of course, must be submitted through the College of Heralds, and as a result they sometimes get changed, but they should always be listed in Kingdom Law pertaining to the order. Remember to include how the regalia are to be worn.
- This order shall carry an Award of Arms. Members of this order will process ahead of those with a simple Award of Arms, but behind all other orders carrying an Award of Arms.
- The Badge of this order shall be “Sable, a trebuchet argent.” Members of the order are entitled to wear this as a cloth roundel pinned to the clothing.
- Don’t forget the alphabet soup. Include a subsection on what members of the order will be called, and how the order will be represented with their name.
- This order shall carry an Award of Arms. Members of this order will process ahead of those with a simple Award of Arms, but behind all other orders carrying an Award of Arms.
- The Badge of this order shall be “Sable, a trebuchet argent.” Members of the order are entitled to wear this as a cloth roundel pinned to the clothing.
- The members of this order shall be styled as Companions of the Silver Ballista and shall be entitled to place the initials CSB after their names.
- Polling Orders. Now let us say that the Crown has a very high opinion of siege weaponry and wants to make this a polling order. We must include in our law, all those things that go with polling: how many times per year the order will they meet, the designation of a principle or secretary, and any special criteria specific to the order.
- This order shall carry an Award of Arms. Members of this order will process ahead of those with a simple Award of Arms, but behind all other orders carrying an Award of Arms.
- The Badge of this order shall be “Sable, a trebuchet argent.” Members of the order are entitled to wear this as a cloth roundel pinned to the clothing.
- The members of this order shall be styled as Companions of the Silver Ballista and shall be entitled to place the initials CSB after their names.
- This order shall be a polling order, and thus shall make recommendations to the Crown on a regular basis as to new candidates for the order.
- The order shall meet at least two times per calendar year at official SCA events. These events are to be designated by the members of the order with approval of the Crown.
- The order shall designate a secretary to keep minutes of order meetings and handle the correspondence of the order. Recommendations for the order should go to the Crown and the secretary of the order, whose contact information shall be published in Popular Chivalry.
- The Order shall establish a voting policy and procedure for the process of making recommendations to the Crown.
This covers the basics of writing Kingdom law. Although the KISS rule (Keep It Simple, Stupid) should apply, clarity is your goal, and you must take care to cover all the various aspects of the law. Remember, lawmakers bring order to a chaotic world.