Thursday, December 28, 2023

Chivalry

Chivalry (pronounced shiv-uhl-ree)

(1) The sum of the ideal qualifications of a knight, including courtesy, generosity, valor, and dexterity in arms; the combination of qualities expected of an ideal knight, especially courage, honour, justice and a readiness to help the weak.

(2) The rules and customs of medieval knighthood; Courtesy, respect and honourable conduct between opponents in wartime (often as a historical re-construction).

(3) The medieval system or institution of knighthood.

(4) Cavalry; horsemen armed for battle (historic use only).

(5) Collectively, knights, gallant warriors or gentlemen, fair ladies and noble chivalry (archaic).

(6) The ethical code(s) of the knight prevalent in Medieval Europe, having such primary virtues as mercy towards the poor and oppressed, humility, honour, sacrifice, fear of God, faithfulness, courage and courtesy to ladies.

(7) Courteous behaviour, especially of men towards women.

(8) In historic English law, a tenure of land granted by virtue of knightly service.

Circa 1300: From the Middle English chivalrie and the eleventh century Old French chevalerie (knighthood, chivalry, nobility, cavalry).  The early form was chevaler (knight) from the Medieval Latin caballarius (horseman), from the Latin caballus (nag, pack-horse).  The Medieval Latin caballaria (knighthood, status or fief of a knight) was the most familiar form by the twelfth century, the term chevaler long in use to describe "a knight or horseman".  The meaning (related to cavalier) "the nobility as one of the estates of the realm", dates from the fourteenth century whereas the more modern use "social and moral code of medieval feudalism" appears to be an eighteenth century historical revival.  Chivalry is a noun and chivalrous is an adjective; the noun plural is chivalries.

The Song of Roland

In Medieval Europe, there never was one universal code of chivalry.  The code was a moral construct which several authorities reduced to writing and, despite this disparate history, the concept was well understood in medieval times.  Although only parts of the codes were concerned with warfare, the texts formed the basis of the early rules of war and from here, can be traced the origins of much international law.  The epic-length poem The Song of Roland (written between 1098-1100) is a recount of the eighth century "Knights of the Dark Ages" and the wars fought by Charlemagne; it's essentially Charlemagne's Code of Chivalry but it is a literary work, a tale of betrayal and a normative text of what ought to be rather than a historical document of chivalrous warfare.  In summary, Charlemagne’s code can be reduced to:

To fear God and maintain His Church
To serve the liege lord in valor and faith
To protect the weak and defenseless
To give succor to widows and orphans
To refrain from the wanton giving of offence
To live by honour and for glory
To despise pecuniary reward
To fight for the welfare of all
To obey those placed in authority
To guard the honour of fellow knights
To eschew unfairness, meanness and deceit
To keep faith
At all times to speak the truth
To persevere to the end in any enterprise begun
To respect the honour of women
Never to refuse a challenge from an equal
Never to turn the back upon a foe

The Duke of Burgundy’s Code

In the fourteenth century, the Duke of Burgundy reduced Charlemagne’s code to a list (printed on pigskin), which knights could carry in their Bibles: Faith, Charity, Justice, Sagacity, Prudence, Temperance, Resolution, Truth, Liberality, Diligence, Hope & Valor.  One can credit the Duke of Burgundy with the invention of the credo card.


The High Court of Chivalry

Lindsay Lohan usurping the escutcheon of the Secret Society of the Les Clefs d’Or (digitally altered image).

In London, in December 1954, the High Court of Chivalry was summoned for the first time in two centuries to hear the case of a city council claiming their coat of arms had been usurped by a private company displaying it on their theatre.  Before substantive matters were introduced, the judge had to rule whether the ancient court still existed and if so, if it was the appropriate body to hear the case.  The judge found the court extant and with valid jurisdiction, his reasons a succinct sketch of the UK’s unwritten constitution in operation and a tale of how law and language interacted over several centuries.  The important principle established was to confirm, even in the modern era, there existed an enforceable law of arms and the law takes as much notice of bad heraldic manners as it does of more violent discourtesies, the judge disapproving of the “prevalent” notion that something cannot be unethical if it’s lawful.  That theme has of late been noted by royal commissioners though perhaps not politicians; in the judgement, the temptation to comment on whether chivalry was dead was resisted.

In Manchester Corporation v Manchester Palace of Varieties Ltd [1955] 1 All ER 387, the Manchester Corporation was successful and the court has not since sat but in 2012,  the council of the Welsh town of Aberystwyth issued a statement that they were prepared to lodge a writ against a Facebook page they alleged was usurping its coat of arms.  Before the council made clear whether they were intending to sue facebook.com or the author(s) of the page, the offending image had been removed.  As one of the findings in 1955 had been the High Court of Chivalry could be abolished only by an act of parliament, because New Labour’s judicial reforms didn’t do this, it appears the court would have to be convened in some form to hear similar matters although it's thought the marvellously flexible British constitution would allow a judge at an appropriate level to declare that their court was "sitting as the Court of Chivalry for the purposes of this case".

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