Page:The Green Bag (1889–1914), Volume 11.pdf/515

 480

harbour in the city of London. They were Duke of Buckingham, and the question then dispossessed of this property by Henry VII, arose whether the court of chivalry could and they then removed to the hospital of I be held by the earl marshal alone. This Our Lady of Rounceval, at Charing Cross. question has been answered in various ways, They next removed to Derby House, which but has never been definitely determined. was granted to the heralds and their succes The court, however, survived the fall of the sors by Queen Mary in 1555. House of Stuart, and a few cases as to the The earl marshal was one of the great! right to bear arms were heard and decided officers of state in the time of the Norman i last century, but its powers have now fallen kings. As his name implies, he had the into disuse. The court became obsolete, duty of marshalling the king's forces. He partly by reason of the doubt above referred was responsible to the sovereign for the en to, partly by reason of the decay of the forcement of feudal services. He and the mediaeval military system, and partly owing lord high constable of England shared the to the fact that the common law courts command of the army and they were the issued prohibitions against proceedings judges of the court of chivalry. On the brought in it for the enforcement of the incorporation of the college of arms, this privileges of the heralds (Oldis v. Donmille, court in connection with the college took Show. P. C. 58; Russel's case, 1692, 4. Mod. cognizance of all matters relating to the Rep., 4 W. & M. 42). T -designing of coats-of-arms was then t;*«,.,- in hand by right to coats-of-arms, and the heralds pro ceeded in it against persons who infringed heraldic stationers and seal engravers and others, who defied the authority of the their orders. The earl marshal is the president of the court. His sole jurisdiction, heralds and the earl marshal's court. The only remedy open to these officers, was an however, never extended to life and mem action on the case for wrong done to them ber. Cases of this grave character had to in their office, but such an action was never go before the earl marshal and lord high brought, probably on the ground that it constable sitting together. Only doctors of civil law had a right of audience in the afforded at best an uncertain remedy. court. The books relating to its proceed The courts of common law, although they ings are still kept in the college. issued prohibitions against proceedings brought in the earl marshal's court for the The court of chivalry was nearly as op pressive as the star chamber; for we read enforcement of the privileges of the heralds, of its imprisoning and ruining a merchant yet did not consider themselves entitled to citizen for calling a swan a goose. The restrain proceedings brought in that court position of the heralds in relation to the to restrain wrongs done to the lawful pos court is that of attendants upon it. They sessors of arms. But after the lord high are under its orders and superintendence. constable ceased to be appointed, there was They are nominated by the earl marshal a doubt as to whether the earl marshal but appointed by the sovereign. Even the alone had jurisdiction in such cases, and royalty-hating Cromwell appointed his king- proceedings in the court became more and more infrequent, until at last they died out at-arms. In 1521 the office of lord high constable altogether. was forfeited through the attainder of the