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The Court in the 17th Century

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Guide to Users

Sentence/Arbitration 

Once both sides had made their case they would submit a document known as a definitive sentence in which each put forward the sentence that he sought, leaving blank spaces for the insertion of fines to the king, and damages and costs to be awarded to the other party. These would then be filled in by the Earl Marshal or his deputy when sentence was pronounced. Both sides also submitted bills, detailing the expenses incurred in the case term by term which would become the basis for the court’s award of costs. At this stage it was, again, open to the court to refer the case to senior local gentry for arbitration.

The normal ordering of proceedings and case papers during the sentencing stage was as follows: 

1. Plaintiff’s sentence                                       

2. Defendant’s sentence                                               

3. Plaintiff’s bill of costs                                               

4. Defendant’s bill of costs

5. Arbitration

The Leicestershire peer and Court of Chivalry judge, Henry Hastings, Earl of Huntingdon, who was called on to arbitrate in a number of cases relating to midlands gentry.

Proceed to: Submission