Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
The celebrated trial between the Dukes of Hereford and Norfolk, made
immortal by Shakespeare, in his Richard II., occurred at Coventry, on
September 16’, 1398. Hereford appealed the Duke of Norfolk of high
treason, in Parliament, in the use of words tending to the king’s
dishonor. Armour and coats of mail had been procured from Germany and
Milan, for the warriors. Hereford, who was the people’s favorite, came to
the lists mounted on a white horse, barbed with blue and green velvet.
Norfolk’s horse was draped with crimson velvet. Ten thousand armed
knights were in attendance, to prevent an affray and a large concourse
of the populace attended, to cheer their respective favorites. When the
combatants faced each other, the King, fearful, no doubt, that Hereford
would prevail, banished both the combatants. Norfolk soon afterwards
died, in Venice, but Hereford returned the following year to wrest the
crown from the weak king and proclaim himself King Henry IV.[50]
A lawyer entered the lists, in the year 1431, when John Upton, a notary,
accused John Downe of treason, in attempting to accomplish the death of
the king. The duel was fought in the presence of the king, on the 24’
of January and the writ, providing for the barriers and the making of
the lists; the levelling and sanding of the ground and the removal of
the stones, is fully set forth in Coke, on Littleton.[51] There was a
fierce fight, but the king pardoned both contestants, before the final
termination of the trial.[52]
The battle between the armourer’s servant, John Davy and his master,
William Catur, described by Shakespeare, in the second part of Henry
VI., was actually fought, on January 31’, 1447. The armourer’s body was
stripped of its armour and left upon the field of battle and the penalty
of treason was inflicted, and the trunk was mutilated and the head set up
on the London Bridge.[53]
The case of Thomas Whithorn, in the year 1455, reported by William
Gregory, Mayor of London, is not without interest. Whithorn was a
convicted thief and in accordance with the custom of the period, to save
his own life, he made a number of appeals against reputable citizens,
some of whom, because of his physical prowess, were unable to stand up
against him and were hanged, after unsuccessful trials by battle, with
him. He finally charged crime against one James Fisher, who, to save his
life, concluded to fight the thief. Both contestants were clad in white
sheep’s leather, over their legs, head, face, hands and bodies and they
fought with green ash staves, three feet long, with an iron ram’s horn
on the end. Fisher broke his weapon early in the fight and the constable
then took the approver’s away too and after that they fought “teeth and
nail.” Fisher finally got the thief’s nose between his teeth and his
thumbs in his eyes and he so tortured him that he cried “craven” and was
hanged, “for he was fals unto God and unto hym.”[54]
Public-domain text, read in full here on John Shaqi.
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