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
Chaucer, in his pure and antique style, uses the trial by battle as the
expression of the chivalry and knighthood shown by Palamon and Arcite,
in their battle with their hundred chosen warriors, before Theseus, for
the love of the beautiful Emelye, and accurately portrays the different
points of law, governing the trial by battle, in his description of this
combat, from the assembling of the knights,
“Armed for lystes, up at alle rightes,
All redy to derrayne hire by bataylle,”
to the final conclusion of the trial, by the conquering of Palamon and
his knights.[64]
That the immortal Shakespeare was familiar with the exact details of the
procedure in trials by battle, is apparent from a perusal of the various
plays where he introduces this method of trial.[65]
In King Richard II., Thomas Mowbray and Bolingbroke, as “accuser and
accused,” are introduced, in all of their habiliments of war, into the
presence of the king, “face to face, and frowning, brow to brow.”[66]
In the same play, a Lord offers the gage to the Duke of Aumerle, in the
following challenge:
“_Lord._ From sun to sun, there is my honor’s pawn;
Engage it to the trial, if thou dar’st.”[67]
The Duke of Surrey, is likewise made to offer battle, in Richard II., to
Lord Fitzwater, in the following words:
“_Surrey._ In proof whereof, there is my honor’s pawn,
Engage it to the trial, if thou dar’st.”[68]
Vernon and Bassett implore the right of trial by battle, in 1’ Henry
VI.,[69] and the details of the trial by battle between the master,
Horner, and his apprentice, Peter, are set forth, with precision, in II
Henry VI., much as the details are given in the case from which this scene
is actually taken by the Poet.[70]
Edgar and his bastard brother, Edmund, are made to try their cause by
the wage of battle, in King Lear, and the rule of Knighthood, then
obtaining, is adverted to, giving the challenged one the right to decline
the combat, if the right were not equal and the wronged Edgar truthfully
asserts “Yet am I noble as the adversary, I came to cope withal.”[71]
Sir Walter Scott has added the zest of human interest, commonly felt for
the innocent, wrongfully accused, to the uncertain fate of the gentle
and lovely Rebecca, falsely accused of sorcery and witchcraft, by the
valiant and fearless, but selfish, amorous and vacillating Brian de
Bois-Guilbert, in Ivanhoe, and the trial by battle is utilized as the
instrument of justice whereby the innocence of this gentle Jewess is
established.
Public-domain text, read in full here on John Shaqi.
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