Research On The High Court Of Chivalry In England

From the 11 th century,Roman law began to revive on the European continent.In the 12 th and 13 th centuries,Roman jurists such as Valcarius traveled to England to give lectures at Oxford University,teach Roman law,and train Roman law talents.Native English jurists such as Granville began to write books,promoted the spread of Roman law in the United Kingdom,and provided knowledge reserves for the establishment of privileged courts such as the High Court of Chivalry in England.Coupled with the need for a series of wars such as the British and French Centennial War,the Knights Court came into being.At the beginning of the birth of the High Court of Chivalry in England,it was responsible for dealing with war affairs such as exchanging prisoners of war and paying ransom,but there was almost no war business in the late 14 th century.More cases involved heraldry affairs and murder and treason abroad.Due to King James I's efforts to ban private duels,the High Court of Chivalry gained jurisdiction over insults,and court business grew dramatically and entered its heyday from 1633 to 1640.In 1640,the High Court of Chivalry in England was terminated due to the opposition of the Common Law Lawyer and the Long Parliament.Although it was briefly restored in 1687,under the blow of the Common Law Court,the High Court of Chivalry in England entered a long-term dormant state,until 1954 the the High Court of Chivalry was reopened to hear the case.The jurisdiction of the High Court of Chivalry in England includes heraldry affairs,overseas murder and treason,and speech insults.The origin of the coat of arms is related to the war,and gradually evolved into a symbol of honor.It is the privilege of the nobility and is used to show the family lineage,marriage relationship,and property ownership of the nobility.Inappropriate use of heraldry to confuse family members,improper use of titles such as "gentleman",improper use of heraldry at funerals,inappropriate painting of heraldry,and illegal publication of books and prints related to heraldry interests can all lead to litigation.In the early days,the High Court of Chivalry had the exclusive power to determine overseas murder and treason.The purpose of the jurisdiction of speech insults is to prevent the parties from making a private duel when the reputation is insulted.The members of the High Court of Chivalry in England include judges,professionals and auxiliary staff.The judges include Earl Marshal and Lord High Constable.These two positions are held by hereditary nobles.Among them,the post of Lord High Constable is returned to the royal family because of the noble treason and is not permanent.Professionals include Lieutenants,Assessors and Surrogates of Earl Marshal and Lord High Constable,The King's Advocate,Advocates,and Proctors,auxiliary personnel include Register,Inferior Officers.The court proceedings can be divided into three categories:(1)litigation between private parties: judgment of cases that occur between parties;(2)litigation out of authority: the judge corrects the wrong behavior of the parties out of his own responsibility;(3)Prosecution of murder and treason abroad.The court's litigation procedures mainly include: petition,citation,payment of security deposit,libel,formation of a committee for evidence collection,and arbitration.The main ways of executing judgments include damages and submission.The appeal of the early Cavalier court cases was to the king in the chancery,and each case was heard and judged by a committee composed of special warrants.The Privy Council Appeal Act of 1832 and the Judicial Committee Act of 1833 stipulate that the appeal of the Cavalier Court case shall be tried by the Judicial Committee of the Privy Council.There is a close relationship between the High Court of Chivalry in England and Roman law.The birth of the High Court of Chivalry in England is the result of the application of Roman law in the England to resolve war affairs.The insulting jurisdiction comes from the actio iniuriarum system in Roman law to protect the rights of honorary matters such as civil military merits and defamation.The punishment for the moral damage caused by the conduct,the legal professionals of the High Court of Chivalry are all doctors of Roman law or are proficient in Roman law,and the Roman law in the litigation procedure also has an impact on the High Court of Chivalry in England.It can be seen that the High Court of Chivalry in England has a close relationship with Roman law.Roman law as a clue runs through the birth and development,jurisdiction,staffing,litigation and other aspects of the High Court of Chivalry in England,highlighting the influence of the judiciary about the revival of Roman law for the modern England.