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The Court of Chivalry

THE COURT OF CHIVALRY


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Submission 

Where sentence was given for the plaintiff it generally also required that the defendant make a public submission of his guilt, either at quarter sessions, assizes or the local parish church, or at the venue where the original offence had taken place. In this he usually had to apologise fulsomely to the plaintiff for the original offence, acknowledge his honourable status and undertake never to commit a similar offence against him, or any other gentleman or noblemen. This all-important event, the performance of which had to be certified to the court, provided the element of reparation of honour which was regarded as one of the principal functions of the court. Imprisonment was not part of the formal sentence of the court, but it was used regularly to deal with defendants who defaulted on the performance of their original bond, either by failing to appear, or by not paying the fines or performing the submission required in the court’s sentence. There are numerous petitions from defendants incarcerated in the Marshalsea, begging for clemency from the Earl Marshal, which indicate that the court was relatively diligent in following up on non-performance of the terms of a sentence, usually prompted by an appeal from the plaintiff.

The final stages of the case were normally as follows:

1. Submission                                                  

2. Defendant’s bond on submission                              

3. Certificate of submission                                          

4. Defendant’s petition

 

Illustration: Oakham Castle Hall
The hall of Oakham castle, venue for the Rutland assizes where Sir Henry Mynne performed his submission to William Lord Sherard before the judges on 29 July 1639, case 593
(From James Wright, The History and Antiquities of Rutland (1684) )

 

Proceed to: Proceedings 

 


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