Re: Of Kings and Queens [Legality response]

[Bob Minowicz <minowicz@nc.na.auspex.com>]

Poster: Bob Minowicz <minowicz@nc.na.auspex.com>

I have been watching the replies roll in, both public and private.  I
think now is the time for me to try to address the issues presented by
others on this subject.  to this end, I will answer each in full and
post my answers as needed.

As some have pointed out, I seem to have thought about this a great deal
before putting it forth.  This is true.  I have also researched it to
some degree (both the historical practice, and the feasibility of making
the change).

Let me begin by answering the most popular point against this proposal,
that of the Corpora.  The Corpora states (V, A, 1 - Definition of
Kingdom):

Kingdoms. A kingdom is a sovereign entity within the Society which has
the right to select a ruling King and Queen by combat.

And also (V, A, 1, h - Requirements for Kingdom):

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 they will be presented to the victors of the first Crown Lists,
must accompany a petition for kingdom status. (See Governing and Policy
Decision #3.) 

Note also that there are similar statements made for principalities.

There is one more pertinent item in the Corpora (VI, A, 1, a, 3):

Royal Lists. Properly constituted Lists to determine, by combat, the
successors to current royalty. Royal Lists must be conducted at a
tournament announced in the kingdom newsletter as being for that
purpose. They are known as "Crown Lists" for kingdoms, and "Coronet
Lists" for principalities.

Now given all of this, it seems that there are two points to consider.
Both the definition of Kingdom and the definition of Royal Lists use the
phrase 'by combat.'  They do not state that it must be heavy combat. 
Further, no where in the document is 'combat' defined.  It could be
taken that it is left up to Kingdoms to define 'combat,' but that may be
stretching things a bit.  Better to say that 'war' is certainly 'combat'
and that the BoD and perhaps more importantly, the Grand Council could
be consulted to determine if this is an appropriate interpretation. 
Also note that nowhere does it use the term 'single combat.'  This may
well have been an intentional choice of wording.  How will we know
unless we ask?

The second point to consider is perhaps a bit more sticky.  That is the
statement in the definition of Royal Lists that they 'must be conducted
at a tournament announced in the kingdom newsletter.'  The trouble here
is the definition of tournament, and the explicit use of the singular. 
However, if we were to under a traditional tournament have a qualifying
tournament to keep the length of the Crown List down I'm sure they would
not object.  Why then would they object to a series of 'tournaments'
used to select Crown?

A strong point to the advantage of such arguments as I have outlined in
the requirements for Kingdom is that kingdoms are required by Corpora to
have a body of law that provides for 'the maintenance and succession of
the Crown.'  Such a requirement places the strong notion that as a
kingdom, we are expected to codify the details of succession.  That is
all we are really discussing now. 

All that would be required then is to contact the Grand Council and get
their take on these items and if they then believe this would require
some slight modifications to the Corpora to convince the BoD to make
those changes.  This is not as arduous a task as has been presented.  It
can be done if it has to be.  The thing is that it may not have to be.

I guess what I'm saying here is that we should worry about crossing this
bridge if and when we come to it, but even so, from here it doesn't look
too bad.

--
Stanislaw Mynyowycz
Canton of Elvegast, Barony of Windmasters' Hill, Kingdom of Atlantia
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