CHIVALRY, in Law, is used for a tenure of lands by knight's service, whereby the knight was bound to perform service in war unto the king, or the mesne lord of whom he held by that tenure. And chivalry was either general or special: general, when it was
only in the feoffment that the tenant held per servitium militare, without any specification of serviceantry, escuage, &c. & special, when it was declared particularly by what kind of knight service the land was held.
For the better understanding of this tenure it hath been observed, that there is no law but is holden immediately or immediately of the crown by some service; and therefore all freeholds that are to us and our heirs, are called feuda, or fiefs, "fees; as proceeding from the king for some small yearly rent, and the performance of such services as were originally laid upon the land at the donation thereof. For as the king gave to the great nobles, his immediate tenants, large possessions for ever, to hold of him for this or that service or rent; so they in time parcelled out to such others as they liked the same lands for rents and services as they thought good: and these services were by Littleton divided into two kinds, chivalry and escuage; the first whereof was martial and military, the other rustic. Chivalry, therefore, was a tenure of service, whereby the tenant was obliged to perform some noble or military office unto his lord: and it was of two kinds; either regal, that is, held only of the king; or common, where held of a common person. That which might be held only of the king was called servitium, or servitium; and was again divided into grand and petit serviceantry. The grand serviceantry was where one held lands of the king by service, which he ought to do in his own person: as, to bear the king's banner or spear, to lead his host, to find men at arms to fight, &c. Petit serviceantry was when a man held lands of the king, to yield him annually some small thing towards his wars, as a sword, dagger, bow, &c. Chivalry that might be holden of a common person was termed servitium, "escuage;" that is, service of the shield; which was either uncertain or certain.
Escuage uncertain, was likewise two-fold: first, where the tenant was bound to follow his lord, going in person to the king's wars, either himself, or sending a sufficient man in his place, there to be maintained at his expence, so long as was agreed upon between the lord and his first tenant at the granting of the fee; and the days of such service seem to have been rated by the quantity of land so holden; as, if it extended to a whole knight's fee, then the tenant was to follow his lord 40 days; and if but to half a knight's fee, then 20 days; if a fourth part, then 10 days, &c. The other kind of this escuage was called castle-ward, where the tenant was obliged, by himself or some other, to defend a castle as often as it should come to his turn. And these were called escuage uncertain; because it was uncertain how often a man should be called to follow his lord to the wars, or to defend a castle, and what his charge would be therein.
Escuage certain, was where the tenure was set at a certain sum of money to be paid in lieu of such service; as that a man should pay yearly for every knight's fee 20s. for half a knight's fee 10s. or some like rate; and this service, because it is drawn to a certain rent, growth to be of a mixed nature, not merely socage, and yet socage in effect, being now neither personal service nor uncertain. The tenure called chivalry had other conditions annexed to it: but there is a great alteration made in these things by the Stat. 12. Car. II. c. 24. whereby tenures by knight's service of the king;
Chivalry. or any other person in capite, &c. and the fruits and consequences thereof, are taken away and discharged; and all tenures are to be construed and adjudged to be free and common soccage, &c.
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 connexions 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 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; inasmuch 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 the defendant mendacium sibi 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 overruled 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 12 men, but by witnesses, or by com-
bat. 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.