Court of CHIVALRY, a court formerly held before the lord high constable and earl marshal of England jointly, and having both civil and criminal jurisdiction: but since the attainder of Stafford Duke of Buckingham under Henry VIII. and the consequent extinguishment of the office of lord high constable, it hath usually, with respect to civil matters, been heard before the earl marshal only. This court, by stat. 13. Rich. II. c. 2. hath cognizance of contracts and other matters touching deeds of arms and war, as well out of the realm as in it. And from its sentences lies an immediate appeal to the king in person. This court was in great reputation in the times of pure chivalry; and afterwards during the English connections with the continent, by the territories which their princes held in France: but it is now grown almost entirely out of use, on account of the feebleness of its jurisdiction, and want of power to enforce its judgements; as it can neither fine nor imprison, not being a court of record.
1. The civil jurisdiction of this court of chivalry is principally in two points; the redressing injuries of honour, and correcting encroachments in matters of coat armour, precedence, and other distinctions of families. As a court of honour, it is to give satisfaction to all such as are aggrieved in that point; a point of a nature so nice and delicate, that its wrongs and injuries escape the notice of the common law, and yet are fit to be redressed somewhere. Such, for instance, as calling a man a coward, or giving him the lie; for which, as they are productive of no immediate damage to his person or property, no action will lie in the courts at Westminster: and yet they are such injuries as will prompt every man of spirit to demand some honourable amends; which, by the ancient law of the land, was given in the court of chivalry. But modern resolutions have determined, that how much soever a jurisdiction may be expedient, yet no action for words will at present lie therein. And it hath always been most clearly holden, that as this court cannot meddle with any thing determinable by common law, it therefore can give no pecuniary satisfaction or damages; in as much as the quantity and determination thereof is ever of common law cognizance. And therefore this court of chivalry can at most order reparation in point of honour; as, to compel
compel the defendant mandatum fieri ipse imponere, or to take the lie that he has given upon himself, or to make such other submission as the laws of honour may require. As to the other point of its civil jurisdiction, the redressing of usurpations and encroachments in matters of heraldry and coat armour; it is the business of this court, according to Sir Matthew Hale, to adjust the right and armorial ensigns, bearings, crests, supporters, pennons, &c.; and also rights of places or precedence, where the king's patent or act of parliament, which cannot be over-ruled by this court, have not already determined it. The proceedings of this court are by petition in a summary way; and the trial not by a jury of twelve men, but by witnesses, or by combat. But as it cannot imprison, not being a court of record; and as, by the resolutions of the superior courts, it is now confined to so narrow and restrained a jurisdiction; it has fallen into contempt. The marshalling of coat-armour, which was formerly the pride and study of all the best families in the kingdom, is now greatly disregarded; and has fallen into the hands of certain officers and attendants upon this court, called heralds, who consider it only as a matter of lucre, and not of justice: whereby such falsity and confusion have crept into their records (which ought to be the standing evidence of families, descents, and coat armour), that though formerly some credit has been paid to their testimony, now, even their common seal will not be received as evidence in any court of justice in the kingdom. But their original visitation books, compiled when progresses were solemnly and regularly made into every part of the kingdom, to inquire into the state of families, and to register such marriages and descents as were verified to them upon oath, are allowed to be good evidence of pedigrees.
2. As a criminal court, when held before the lord high constable of England jointly with the earl Marshal, it had jurisdiction over pleas of life and member, arising in matters of arms and deeds of war, as well out of the realm as within it. But the criminal as well as civil part of its authority is fallen into entire disuse: there having been no permanent high constable of England (but only pro hac vice, at coronations and the like), since the attainder and execution of Stafford Duke of Buckingham, in the 13th year of Henry VIII.; the authority and charge, both in war and peace, being deemed too ample for a subject; so ample, that when the chief justice Fineux was asked by King Henry VIII. how far they extended? he declined answering; and said, the decision of that question belonged to the law of arms, and not to the law of England.