[SCA-AE] Earl Marshal letter

[KaziBrionSCA]

Forwarded with permission

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Unto the Citizens of Æthelmearc does Sir Tristen Sexwulf, your Knights
Earl Marshal, send greetings.

As many of you may have heard, THL Brion Enkazi has had his authorization
to engage in SCA Heavy Weapons combat suspended for a period of one year.
At his request, and in light of various rumors that have already begun to
spread, I write this letter to make it clear what did and did not happen,
and the reasons for the suspension.

These are the facts, which all parties agreed to in my presence:

     ●   At a fighting practice, THL Brion Enkazi and Sir Aengus MacBain
were 
          sparring, Brion armed with two-sword and Aengus with sword and
shield.  
          Brion took Aengus’ leg, and Aengus fell to his knees.
     ●   Brion then stopped, called a hold, and said something along the
lines 
          of, “Is that a white belt I see there?”  Brion states, and
Aengus agrees, 
          that this was said in a jesting tone of voice. 
     ●   Aengus answered, “It was the last time I looked.  Why do you
ask?” 
     ●   Brion said, “Because I’m thinking it’s time for some extra-
super- chivalrous 
          stuff.” [Aengus does not recall these words, but agrees that
they are 
          consistent with the conversation and may have been said]. 
     ●   THL Brion then asked, “Are you all ready?”  Aengus hefted his
shield and 
          said, “I’m ready.” 
     ●   At that point Brion stepped forward and kicked at Aengus’
shield, intending 
          to engage in “horseplay” of a type he felt was common to the
area.  Brion 
          missed the shield and hit Aengus in the chest instead. Aengus
fell backward, 
          his ankle twisted, and he yelled in pain.  Brion immediately
stopped, dropped 
          his weapons, and said something akin to “Omigod, what happened,
are you 
          okay?” 
     ●   Other people then intervened at that point, and the encounter
ended. 
     ●   Everyone agrees that THL Brion’s statement was said in jest and
was intended 
          to give Sir Aengus warning that he was going to engage in
roughhousing. 
     ●   Everyone agrees that THL Brion believed that Aengus understood
that warning, 
          and indicated that he was willing to play along. 
     ●   Everyone agrees that Sir Aengus did not in fact understand the
heads- up 
          and was surprised when the roughhousing ensued. 
     ●   Sir Aengus filed a formal complaint against THL Brion on this
basis, and this 
          basis alone.

Consistent with the laws and customs of Æthelmearc, THL Brion’s
authorization was suspended for 1 year from the date of the incident.  Such
“extra-curricular roughhousing” is a violation of the rules of the List.
If any fighter in Æthelmearc engages in such activity and a complaint is
filed, that fighter will be dealt with in exactly the same way with due
consideration of the particular circumstances.

Please note and THIS IS THE IMPORTANT POINT.  This behavior will not be
tolerated. Rules exist for a reason.  SCA Combat allows a large amount of
“roughhousing” within the rules.  However, be it known that if you elect
to step outside the rules during SCA combat your risk your authorization
and possibly your ability to continue to attend SCA functions.  EVEN, and I
stress this, even if you feel you have obtained the other combatants
permission.

As I see it the circumstances of Brion’s & Aengus’ case include all of
the following.

THL Brion sought Sir Aengus’ consent to the roughhousing, made a
reasonable effort to get that consent, and reasonably believed he had done
so.  As stated above this is not a defense under the rules.

Aengus’ ankle was injured as a result of the action.  It is unfortunate
that Aengus was injured as this seems to have added emotional fuel to the
fire. This injury is one of the reason such rules exist.  We sign waivers
because injuries may happen even from entirely legal acts.  However, Aengus
could have filed the same complaint had there had been no injury.  The
outcome would be the same.

THL Brion has been fighting for over 23 years, and to my knowledge has
never received even a warning from the marshallate.  This was a first
offense.  That is not a defense.

It is the belief of this office that Brion meant no malice nor did he
intend to injure Aengus. However, that is not a defense.  If you elect to
break the rules you risk punishment.

After the incident THL Brion reacted to the event in a manner consistent
with the highest ideals of chivalry.  He made no attempt to deny or
belittle what had happened, he immediately approached Sir Aengus (and later
Aengus’ lady) to extend his apologies and regrets, and did everything
possible to monitor the injury and see that Aengus was properly attended.
This included at least six separate messages over the following two weeks,
urging Aengus to see a doctor, and paying for the visit from his own
pocket.  This behavior and act of contrition was noted and did have an
effect on the level of punishment however it does not excuse the behavior.

Be it known if any fighter engages in an activity outside the rules,
especially if a complaint is filed, that fighter’s authorization card will
be at risk.  If the violation is serious, or if a formal complaint is
filed, punishment will likely be suspension.  This may be for a period of
months, years, or even permanently.  Again I point out that both fighters
consenting to the behavior is not a defense.  The complaint may even be
filed by a third party witnessing the act.  Any formal complaint will
receive formal action by this office regardless of how minor the incident
seems.

The level of the sanction is determined solely by the Kingdom Knights Earl
Marshal after hearing the facts of the case.  In some, but not all, cases a
Court of Chivalry presided over by the Earl Marshal may be called to hear
all the facts at once. Anyone involved may request a Court of Chivalry if
they feel justice has not been served.  Lastly, in extreme cases, an appeal
may be filed with the Society Earl Marshal.

In the case of Brion & Aengus a Court of Chivalry was not necessary because
all parties are in agreement as far as the facts are concerned, and a
complaint was indeed filed. If THL Brion wishes to appeal the severity of
the sanction, or the interpretation of our laws and customs, to a Court of
Chivalry, he has been advised that he may do so.