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The Court in the 17th Century

A new Court?
James I’s anti-duelling campaign
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Reay v Ramsey
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The High Court of Chivalry in the early seventeenth century

Reay v Ramsey

The Court of Chivalry case which attracted most public attention during the 1630s was Reay v Ramsey. This had little to do with the types of business dealt with after 1634; but it again confirmed the readiness of the crown and legal establishment to uphold the court’s proceedings. Lord Reay brought a charge of treason against David Ramsey, a groom of the bedchamber, for plotting to use force against the crown whilst acting as lieutenant to the Marquis of Hamilton in Sweden; and, because this rested solely on Reay’s word, both sides appealed to the ancient custom of trial by combat to test its veracity. Charles was keen to proceed and in August 1631 consulted the judges. They gave the opinion that trial by combat was justified as an appeal of treason, but that it would have to be authorised by the Court of Chivalry, with the High Constable sitting alongside the Earl Marshal. In November, therefore, Charles appointed the Earl of Lindsey Constable for the duration of the case and proceedings commenced before Lindsey, Arundel and an array of senior peers on the 28^th. Arundel hoped to obviate the need for a combat by establishing the validity of the charge in court; but this proved to be impossible, and so, in early February 1631/2, the court ordered that it go ahead, on 12 April at Tothill Fields in Westminster. The whole event aroused enormous public interest and opinion was divided over whether such proceedings were valid. The newsletter writer John Pory reported in late January that

the judges and common lawyers say, in case a combat bee awarded, whosoever killes the other is by their law guilty of murder. And I have heard bishops and divines say it is a heathenish [act] to seek truth that waye, and that all duels and combats whatsoever are condemned by generall councills.

Perhaps because of these objections, Charles eventually decided to call off the combat; however, his willingness to sanction it in the first place, and the evidence this provided of his interest in, and approval of, the court’s proceedings, were another boost for the self confidence of its practitioners.

Proceed to: The civil lawyers