Of Charles I it has been truly said, that he was not more arbitrary in
his government than several of his predecessors had been. His mistake was,
that he did not march with the times, but wished, amid the increased
enlightenment of the 17th century, to exercise the monarchical
prerogatives of the middle ages. Most of the acts which led to his
downfall were not greater violations of the fundamental principles of the
constitution than had been committed by earlier monarchs; but the time was
now come when they could no longer be tolerated by a free and generous
nation. In relation to heraldic usages Charles only copied the acts of
former sovereigns; yet they added not a little to his unpopularity. One of
his commissions directed to the provincial kings of arms, authorized them
to visit all churches, mansions, public halls, and other places, to
inspect any arms, cognizances, or crests, set up therein; and, if found
faulty in regard of proof, to pull down and deface the same. It further
empowered them to reprove, control, and _make infamous, by proclamation at
courts of assize_, all persons who had without sufficient warrant assumed
the title of esquire or gentleman; to forbid the use of velvet palls at
the funerals of persons of insufficient rank; and to prevent any painter,
glazier, engraver, or mason, from representing any armorial ensigns,
except under their sanction and direction. All delinquents were to be
cited into the earl-marshal's Court of Chivalry, an institution almost as
arbitrary and unconstitutional as the court of Star-Chamber itself.
Nothing perhaps, as Noble observes, injured the Heralds' College more than
this shameful tribunal, which proceeded to fine and imprisonment for mere
words spoken against the gentility of the plaintiff. "Had it only decided
upon what usually ends in duels it would have been a most praiseworthy
institution." But it went further, and its severity became deservedly
odious to the nation. Mr. Hyde (afterwards Lord Clarendon) deprecated its
insolence and said, "the youngest man remembered the beginning of it, and
he hoped the oldest might see the end of it."--"A citizen of good
quality," said he, "a merchant, was by that court ruined in his estate and
his body imprisoned, _for calling a swan a goose_!"
It is needless to say that the Court of Chivalry was swept away along with
other grievances of a like nature in the revolution which succeeded. It
was revived, however, at the restoration of Charles II, and continued,
though rather feebly, to execute its functions until the year 1732. Some
of its proceedings, as recited by Dallaway, are very curious. I give an
abstract of a case or two.
Public-domain text, read in full here on John Shaqi.
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