Court of Chivalry


Court of Chivalry
A session of the Court of Chivalry being held in the College of Arms, depicted in 1809.

Her Majesty's High Court of Chivalry of England and Wales is a civil court in England. It has had jurisdiction in cases of the misuse of heraldic arms since the fourteenth century.

The sole judge is now the hereditary Earl Marshal of England, the Duke of Norfolk, though he normally delegates his responsibility to a professional lawyer as his Surrogate. Before 1521, the Lord High Constable of England also presided, but that office was abolished as a permanent institution (it is "revived" only for a Coronation).

The court was last convened in 1954 for Manchester Corporation v Manchester Palace of Varieties Ltd [1955] P 133; [1955] 1 All ER 387. The Palace theatre displayed the arms of Manchester City Council both inside and on its seal and this usage implied that it was linked with the City's Council. The City Council had requested that the theatre cease the usage and had met with refusal. The court ruled in favour of Manchester City Council. This was the first time that the Court of Chivalry had sat for approximately two centuries, since 1732. The opening part of the judgement involved an analysis leading to the determination that the Court of Chivalry still existed.

Historically, the court was also known as Curia Militaris, the Court of the Constable and the Marshal, and the Earl Marshal's Court.[1]

In Scotland, these types of cases are heard in the Court of the Lord Lyon, which is a standing civil and criminal court, with its own Procurator Fiscal (Public Prosecutor) under the Scottish legal system.

Contents

Appeals from the High Court of Chivalry

Since 1832, appeals from the High Court of Chivalry are to be heard by the Judicial Committee of the Privy Council.[2] Before 1 February 1833, in common with the admiralty and ecclesiastical courts, appeal from the Court was to the Crown in Chancery, with appeals being heard by Commissioners appointed by letters patent under the Great Seal in each case.[3] Sittings by these Commissioners became known as the "High Court of Delegates" by the time of the 1832 Act.[4]

Lieutenant, Assessor and Surrogate to the Earl Marshal, High Court of Chivalry

Joint Register, High Court of Chivalry

Cryer of the High Court of Chivalry

  • AH Smith 1954-

References

  1. ^ G.D. Squibb, The High Court of Chivalry: A Study of the Civil Law in England, Oxford, 1959, pp.2-3; The Law of Arms in Mediaeval England
  2. ^ Privy Council Appeals Act 1832 (2 & 3 Will. 4 c. 92)
  3. ^ Halsbury's Laws of England (3rd Edition), vol. 13, para. 1049
  4. ^ Privy Council Appeals Act 1832 (2 & 3 Will. 4 c. 92), preamble.

See also

External links


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Look at other dictionaries:

  • Court of chivalry — Chivalry Chiv al*ry, n. [F. chevalerie, fr. chevalier knight, OF., horseman. See {Chevalier}, and cf. {Cavalry}.] 1. A body or order of cavaliers or knights serving on horseback; illustrious warriors, collectively; cavalry. His Memphian chivalry …   The Collaborative International Dictionary of English

  • Court of Chivalry — Strictly speaking, a court of military affairs concerned with the conduct of soldiers under the constable and marshal, the two principle military officers in England or France, or by their representatives. Although the term court of chivalry did… …   Medieval glossary

  • Court of Chivalry — In English law, the name of a court anciently held as a court of honor merely, before the earl marshal, and as a criminal court before the lord high constable, jointly with the earl marshal. But it is also said that this court was held by the… …   Black's law dictionary

  • Court of Chivalry — In English law, the name of a court anciently held as a court of honor merely, before the earl marshal, and as a criminal court before the lord high constable, jointly with the earl marshal. But it is also said that this court was held by the… …   Black's law dictionary

  • court of chivalry — 1. often capitalized both Cs : an English court originally dealing with military discipline but at various times trying cases concerning prisoners of war, high treason and rebellion, peerage claims, offenses against the honor of other persons,… …   Useful english dictionary

  • court of chivalry — A court known also as the marshal court which was formerly held before the lord high constable and earl marshal of England jointly; but, since the extinguishment of the office of lord high constable, it has usually, with respect to civil matters… …   Ballentine's law dictionary

  • Chivalry — Chiv al*ry, n. [F. chevalerie, fr. chevalier knight, OF., horseman. See {Chevalier}, and cf. {Cavalry}.] 1. A body or order of cavaliers or knights serving on horseback; illustrious warriors, collectively; cavalry. His Memphian chivalry. Milton.… …   The Collaborative International Dictionary of English

  • Court of Honor — A court of honor (or court of honour) is a semi official or unofficial tribunal constituted to determine various questions of social protocol, breaches of etiquette, and other allegations of breaches of honor, or entitlement to various honors. In …   Wikipedia

  • Chivalry — For other uses, see Chivalry (disambiguation). Chivalry is a term related to the medieval institution of knighthood which has an aristocratic military origin of individual training and service to others. Chivalry was also the term used to refer… …   Wikipedia

  • Court of the Lord Lyon — The arms of office of the Lord Lyon King of arms, the sovereign of the Court of the Lord Lyon. The Court of the Lord Lyon, also known as the Lyon Court, is a standing court of law which regulates heraldry in Scotland. Like the College of Arms in… …   Wikipedia


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