Court of Chivalry
Encyclopedia
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.
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
.
. 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. Sittings by these Commissioners became known as the "High Court of Delegates" by the time of the 1832 Act.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
. It has had jurisdiction in cases of the misuse of heraldic
Heraldry
Heraldry is the profession, study, or art of creating, granting, and blazoning arms and ruling on questions of rank or protocol, as exercised by an officer of arms. Heraldry comes from Anglo-Norman herald, from the Germanic compound harja-waldaz, "army commander"...
arms since the fourteenth century.
The sole judge is now the hereditary Earl Marshal
Earl Marshal
Earl Marshal is a hereditary royal officeholder and chivalric title under the sovereign of the United Kingdom used in England...
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
Lord High Constable of England
The Lord High Constable of England is the seventh of the Great Officers of State, ranking beneath the Lord Great Chamberlain and above the Earl Marshal. His office is now called out of abeyance only for coronations. The Lord High Constable was originally the commander of the royal armies and the...
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
Manchester City Council
Manchester City Council is the local government authority for Manchester, a city and metropolitan borough in Greater Manchester, England. It is composed of 96 councillors, three for each of the 32 electoral wards of Manchester. Currently the council is controlled by the Labour Party and is led by...
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.
In Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, these types of cases are heard in the Court of the Lord Lyon
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 England it maintains the register of grants of arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of...
, which is a standing civil
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
and criminal court
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, with its own Procurator Fiscal
Procurator Fiscal
A procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
(Public Prosecutor) under the Scottish legal system
Courts of Scotland
The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
.
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 CouncilJudicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
. Before 1 February 1833, in common with the admiralty
Admiralty court
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences.- Admiralty Courts in England and Wales :...
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. Sittings by these Commissioners became known as the "High Court of Delegates" by the time of the 1832 Act.
Lieutenant, Assessor and Surrogate to the Earl Marshal, High Court of Chivalry
- George Squibb, LVO BCLBachelor of Civil LawBachelor of Civil Law is the name of various degrees in law conferred by English-language universities. Historically, it originated as a postgraduate degree in the universities of Oxford and Cambridge, but many universities now offer the BCL as an undergraduate degree...
MAMaster of Arts (Oxbridge)In the Universities of Oxford, Cambridge and Dublin, Bachelors of Arts of these universities are admitted to the degree of Master of Arts or Master in Arts on application after six or seven years' seniority as members of the university .There is no examination or study required for the degree...
(OxonUniversity of OxfordThe University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
) FSASociety of Antiquaries of LondonThe Society of Antiquaries of London is a learned society "charged by its Royal Charter of 1751 with 'the encouragement, advancement and furtherance of the study and knowledge of the antiquities and history of this and other countries'." It is based at Burlington House, Piccadilly, London , and is...
FRHistS FSG QCQueen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
JPJustice of the PeaceA justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
Barrister-at-Law Inner TempleInner TempleThe Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
Norfolk Herald ExtraordinaryNorfolk Herald ExtraordinaryNorfolk Herald of Arms Extraordinary is an officer of arms in England. As an officer extraordinary, Norfolk is a royal herald, though not a member of the corporation of the College of Arms in London. Beginning in 1539 this officer was a herald to the dukes of Norfolk, though the first holder,...
1976-1994 - Rt Hon Lord GoddardRayner Goddard, Baron GoddardRayner Goddard, Baron Goddard was Lord Chief Justice of England from 1946 to 1958 and known for his strict sentencing and conservative views. He was nicknamed the 'Tiger' and "Justice-in-a-jiffy" for his no-nonsense manner...
, GCBOrder of the BathThe Most Honourable Order of the Bath is a British order of chivalry founded by George I on 18 May 1725. The name derives from the elaborate mediæval ceremony for creating a knight, which involved bathing as one of its elements. The knights so created were known as Knights of the Bath...
MAMaster of Arts (Oxbridge)In the Universities of Oxford, Cambridge and Dublin, Bachelors of Arts of these universities are admitted to the degree of Master of Arts or Master in Arts on application after six or seven years' seniority as members of the university .There is no examination or study required for the degree...
DCLDoctor of Civil LawDoctor of Civil Law is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws degrees....
(OxonUniversity of OxfordThe University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
) QCQueen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
PCPrivy Council of the United KingdomHer Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
24 October 1954-1959 - SirSirSir is an honorific used as a title , or as a courtesy title to address a man without using his given or family name in many English speaking cultures...
Edmund IshamEdmund IshamEdmund Isham D.D. was an academic administrator at the University of Oxford.Isham was elected Warden of All Souls College, Oxford in 1793, a post he held until his death in 1817....
, BtBaronetA baronet or the rare female equivalent, a baronetess , is the holder of a hereditary baronetcy awarded by the British Crown...
DCL 1728-1772
Joint Register, High Court of Chivalry
- Lieutenant-Colonel SirSirSir is an honorific used as a title , or as a courtesy title to address a man without using his given or family name in many English speaking cultures...
Anthony WagnerAnthony WagnerSir Anthony Richard Wagner, KCB, KCVO, FSA was a long-serving officer of arms at the College of Arms in London. He served as Garter Principal King of Arms before retiring to the post of Clarenceux King of Arms...
, KCB KCVORoyal Victorian OrderThe Royal Victorian Order is a dynastic order of knighthood and a house order of chivalry recognising distinguished personal service to the order's Sovereign, the reigning monarch of the Commonwealth realms, any members of her family, or any of her viceroys...
BCLBCLBCL may stand for:*BCL, an Algerian company that produces light infantry vehicles for the National Popular Army* the ISO 639-3 code for the Central Bikolano language*Bachelor of Civil Law, the name of various degrees in law in English-speaking countries...
MAMaster of Arts (Oxbridge)In the Universities of Oxford, Cambridge and Dublin, Bachelors of Arts of these universities are admitted to the degree of Master of Arts or Master in Arts on application after six or seven years' seniority as members of the university .There is no examination or study required for the degree...
(OxonUniversity of OxfordThe University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
) FSA Garter Principal King of ArmsGarter Principal King of ArmsThe Garter Principal King of Arms is the senior King of Arms, and the senior Officer of Arms of the College of Arms. He is therefore the most powerful herald within the jurisdiction of the College – primarily England, Wales and Northern Ireland – and so arguably the most powerful in the world...
27 October 1954–1995 - Wilfred Maurice Phillips, notary publicNotary publicA notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
27 October 1954-
See also
- Law of ArmsLaw of ArmsThe law of heraldic arms governs the "bearing of arms", that is, the possession, use or display of arms, also called coats of arms, coat armour or armorial bearings. Although it is believed that the original function of coats of arms was to enable knights to identify each other on the battlefield,...
- Courts of England and WalesCourts of England and WalesHer Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
- Time immemorialTime immemorialTime immemorial is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record"...
- ChivalryChivalryChivalry 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 to a group of mounted men-at-arms as well as to martial valour...
- Scrope v. GrosvenorScrope v. GrosvenorScrope v. Grosvenor was one of the earliest heraldic law cases brought in England. The case resulted from the fact that two different families were using the same undifferenced coat of arms. In the 12th and 13th centuries, the composition of coats of arms was very simple...
- Warbelton v. GorgesWarbelton v. GorgesWarbelton v. Gorges was one of the earliest heraldic law cases brought concerning English armory, in 1347. It concerned the coat of arms blazoned Lozengy or and azure, that is a field of yellow and blue lozenges...
- Court of the Lord LyonCourt of the Lord LyonThe 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 England it maintains the register of grants of arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of...
- Canadian Heraldic AuthorityCanadian Heraldic AuthorityThe Canadian Heraldic Authority is part of the Canadian honours system under the Queen of Canada, whose authority is exercised by the Governor General. The Authority is responsible for the creation and granting of new coats of arms , flags and badges for Canadian citizens, permanent residents and...