appointed to investigate the matter, arrived just in time to cut
him down and bury him with his lamented friend. Master Shallow was a
timorous but by no means an inhuman or an unjust man. He had proposed
sparing the culprit--whose guilt could scarcely be considered
established, seeing that the body had been shaken by the rising of the
court, and the flow of blood might have been accidental--provided he
(the culprit) would make an ample confession of his crime and express
his obligation to the magistrates who had tried him, before the King’s
Commissioners. But this suggestion was overruled by the majority,
who declared that there was no time for the consideration of trifling
personal interests when they had a great principle to establish. So the
convicted murderer was hanged with Master Shallow’s full warrant and
approval.
* A common expedient resorted to by the consciously guilty
in the Trial of Ordeal by Touch; similar to that practised
by the ignorant of the present day, who think that by
“kissing the thumb” instead of the book in a court of
justice they evade the legal and sacred responsibilities of
an oath.
It turned out--on the evidence of two cowboys, who had witnessed
the event, but apparently not thought worth alluding to it until
questioned--that the supposed murdered man, being under the obvious
influence of malt liquor, had himself staggered over the precipice at
the foot of which he had found his death. Master Shallow as chief of the
sitting justices (what, we should call Chairman of Sessions) was tried
by the Royal Commission, and found guilty of murder for putting a man
to death by a process long since declared illegal by royal edict. Master
Shallow was himself sentenced to suffer the extreme penalty of the
law, but King Edward happening to be in one of his periodical money
difficulties, the sentence was commuted to a heavy fine--which, to the
honour of magisterial loyalty and good-fellowship, be it stated, the
Gloucestershire justices nobly subscribed to meet. Master Shallow
retained his judicial appointment, with a caution to abstain from the
trial of criminals by exploded Saxon ordeals for the future, which he
carefully observed. Nevertheless he earned lasting renown in the county,
as the man who at the imminent risk of his own life had stood up for
the maintenance of a great national institution. The Shallows, on the
establishment of coat armour by Edward the Third, assumed in honour of
this event the device of a man pendant on an oak branch, salient, in
a field of green, proper. But some misconception arising in the public
mind as to this being meant to represent an episode in the personal
history of one of the family, the design was abandoned, and the
traditional “dozen white luces,” (the origin of which is enveloped
in mystery,) by which the house is still identified at the Heralds’
College, adopted in its place. It may not be irrelevant to state
Public-domain text, read in full here on John Shaqi.
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