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The Court in the 17th Century

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Guide to Users

Initial Proceedings

The majority of proceedings were instance cases, begun through a complaint by an outside party. In such cases the action began with the plaintiff presenting a petition setting out the nature of the offence against him, which in most cases involved ‘scandalous words likely to provoke a duel’, and also underlining his own claim to gentility, because only gentlemen could plead in the court. A few actions, however, were office cases, initiated by the King’s Advocate, Dr Duck, or the Kings or Officers of Arms. In such cases proceedings began with the delivery of articles against the defendant; but thereafter the procedure was much the same as for instance cases. Once a petition had been presented a decision had to be taken by the senior judge, Arundel or Maltravers on the advice of the King’s Advocate, on whether there was a case to answer. Notice that process should be granted was issued in the form of a fiat, often inscribed on the petition, which gave the Register of the court authority to issue a citation summoning the parties or their counsel to appear. In some 48 of the cases recorded here there is no evidence of process being granted, or of any further proceedings, which makes it likely that these were actions which fell at the first hurdle. On appearance before the court both parties were required to take out bonds, the plaintiff to prosecute the case to a conclusion and the defendant to appear when required and perform any sentence imposed by the court.

The next stage of the initial proceedings was for the plaintiff to deliver his pleading, known as the libel, in which again he set out the nature of the original offence and his own claim to gentility. This claim would sometimes be challenged by the defence as a means of invalidating the prosecution, in which case, if there was any doubt, the plaintiff would be required to produce proof of his gentility, most often in the form of a pedigree or evidence of the right to bear arms. This would then be investigated and certified as acceptable or unacceptable the Kings of Arms, although they did not usually report back until later, at the time when the plaintiff’s and defendant’s cases were being heard. At this initial stage the defendant would often enter a personal answer, giving his version of events, but also enabling the court to establish facts which were not disputed. 

The normal ordering of the initial proceedings was as follows:

1. Petition or Advice of the King’s Advocate                            

2. Fiat                                                                          .

3. Citation                                                                   

4. Notice of citation                                                      .

5. Plaintiff’s bond                                                         

6. Defendant’s bond

7. Libel                                                            

8. Summary of libel                                                      

The libellous letter of March 1637 in which Henry Babington told Sir Ralph Done that his actions 'savour more of the dunghill than a gentleman', produced to support Done's libel case 166
(By permission of the Chapter of the College of Arms)

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