Court of Chivalry

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.

THE BOKE OF CAIDAN LAW, 19th Edition, July 2024, Removed description and process for Court of Chivalry to comply with SCA Corpora guidelines.

Also see: Caid Investigations and Sanctions FAQ 6/5/23

From: THE BOKE OF CAIDAN LAW, 18th Edition (July 2017 c.e.; A.S. LII) ARTICLE VII: COURTS AND COUNCILS Part B: Section 3:

The Court of Chivalry may be convened to hear matters pertaining to alleged serious misconduct, subject to the limitations of Corpora. It has been the experience of this Kingdom that the Court of Chivalry is a very serious procedure that should be invoked only in the gravest of circumstances. Because of the extremity of this procedure, Monarchs are encouraged to consult with the persons involved and with the Orders of Peerages before directing that this Court be convened.

A. Composition: The Court of Chivalry shall consist of the Crown, the Kingdom Earl Marshall, and the Kingdom Seneschal, or their representatives. It shall also include a jury of Peers of the Realm, chosen as outlined below. The Court shall determine issues of fact, this is, whether the conduct charged did occur and whether that conduct was unchivalrous. The Court shall rule upon procedural matters and shall advise the Crown on the appropriate action to take based upon the jury's findings.

B. Procedure: The procedure to be followed shall be at the discretion of the Crown and will include:

1. The appointment of a prosecutor.
2. Selection of time and place for the hearing. A continuance, for a maximum of two weeks, may be requested by the defendant at least 10 days before the scheduled date, and my be allowed additional time as fairness requires.
3. The appointment of a presider.
4. At least 30 days before the Court is held, the prosecutor shall provide the defendant with a written statement of the charges, a list of potential witnesses for the prosecution, copies of all witness statements, and copies of all relevant documents.
5. The jury shall consist of 5 persons, chosen from among the Peers of the Realm in this manner: If the defendant is a member of an order of Peerage, the panel of jurors initially shall be drawn at random from that Order of Peerage; if it comes to pass that no available members of that order remain, jurors may then be drawn at random from other Peerages, except that only Knights or Masters at Arms shall judge charges relating to conduct on the armored combat field and only Masters of defense shall judge charges relating to conduct on the rapier combat field. Jury selection may be done before the hearing date so that potential jurors whose names are drawn may determine and state their availability, and so that challenges to the jurors may be heard and determined, and replacements selected in advance. Any juror may be challenged for cause; each side may also remove up to two jurors peremptorily. Replacement and alternates shall be chosen in a similar manner.
6. The Court of Chivalry shall be open to any armiger who wishes to attend.
7. The Defendant may, but need not, have the counsel or representation of any paid member of the SCA, Inc. The defendant shall have the opportunity to question any adverse witnesses and to present evidence in opposition to or mitigation of the charges.
8. All procedures shall be conducted fairly. It is in the interests of both the Kingdom and the defendant to resolve Court of Chivalry matters as quickly as possible consistent with fundamental fairness. All proceedings shall be recorded and the records preserved by the Kingdom Seneschal.
9. The deliberation of the Court and jury need not be made public. The jury shall, by a two-thirds majority, declare:

(a) Whether the conduct charged did in fact occur beyond a reasonable doubt, and if so,

(b) Whether such conduct was unchivalrous.

1. As to any conduct found by the jury to be unchivalrous, the Crown, after hearing the recommendations of the other members of the Court, shall decide the action to be taken. Any member of the Court not in agreement with the decision may place a dissenting opinion in the record. Available sanctions include:

(a) private censure,

(b) public censure,

(c) recommending degradation from the Peerage to the Board of Directors of the Society,

(d) recommending revocation of arms to the Board of Directors of the Society,

(e) banishment for a stated period or duration of the reign,

(f) recommending revocation of membership in the Society to the Board of Directors of the Society, and

(g) such other sanctions as are not inconsistent with the voluntary nature of the Society.