the conftable and marshal called before them the pledges, as well of the defendant, as of the challenger, to be fhew'd, and prefented unto the king, there to remain within the lifts as prifoners, until fuch time as the challenger and defendant were come, and had perform'd all their ceremonies,

Segar, Of Honour military and civil, lib. 3. cap. 17.

This manner of trial by combat, was very ancient; Sir James Ware deduces it from the middle of the fifth century, in the year 448, and obferves, that from the eighth of the canons made at Armagh, (where Saint Patrick, the then archbishop, prefided in council) " The footsteps of the general combat for the trial "of truth, might be deduced, it being there "provided, that whofoever becomes furety for

a heathen, and is deceived, he shall pay the "debt: For if he enters the lifts with him, he "fhall be put out of the pale of the church.”

Life of Saint Patrick. Sir James Ware's Works, published in Folio 1739, Vol. 1. p. 20.

This practice was continued in England to the year 1631. Then the Lord Rea of Scotland accufed James then Marquis (afterwards Duke) of Hamilton, of a defign to make himself King of Scotland-A day and place were appointed

"These three that hardy challenge took in hand, "For Canacee with Cambel for to fight; "The day was fet, that all might understand, "And pledges pawn'd, the fame to keep aright."

for the combat, but the king put a stop to it. See History and Examination of Duels, by John Cockburn, D. D. p. 124.

Act i. fc. 2. p. 7.

As he is but our father's brother's fon.] "My "father's," Folio 1632, and Sir Tho. Hanmer. Id. ib. Then Bolinbroke, as low as to thy

beart,

Through the falje passages of thy throat thou lieft!
Three parts of that receipt I had for Calais,
Difburst I to his highness's foldiers,

The other part referv'd I by confent,
For that my fovereign liege was in my debt
Upon remainder of a dear account, &c.]

This is almost a litteral transcript from Holinfbed's Richard the Second.

"Upon the Duke of Hereford's accufation of "the Duke of Norfolk, the king wax'd angry, " and afk'd the Duke of Hereford," (who had accufed the Duke of Norfolk, by a proxy) "if thefe were his words? Who anfwered, Right dear Lord, they are my 'words, and "hereof I require right, and the battle against

" him.

"There was a knight alfo, that afk'd licenfe to fpeake for the Duke of Norfolk, and ob"tained it, and began to answer thus: Right "deare sovereign Lorde, here is Thomas Mow

bray, Duke of Norfolk; who aunswereth and "faith, and I for him, that all that Henry of "Lancaster hath faid and declared, (faving the "reverence due to the king and his counfel) is a

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lye; and the faid Henry of Lancaster hath "falfely and wickedly lyed, as a falfe and difloyal knight; and both hath been, and is a 66 traytour against you, your crown, royal ma'jeftie and realm.

"This will I prove and defend, as becometh "a loyal knygthe to do, with my body agaynft "his: Right deere Lorde, I beseech you there"fore and your counfell, that it may please you, 66 in your royal difcretion, to confider and mark "what Henry of Lancaster, Duke of Hereford, "fuch a one as he is, hath faide.

"The king then demanded of the Duke of "Norfolk, if thefe were his words, and whe"ther he had any more to say? The Duke "of Norfolk then anfwered for himself: Right

deare Sir, true it is, that I have receiv'd fo "much golde to pay your people of the town "of Callaife, which I have done; and I do a "vouche, that your town of Callaife is as well

66

kept at your commaundemente as ever it was sc any time before, and that there never hathe "bene by any of Callais any complaint made "unto you of me. Ryghte deare and my fo

veraigne Lorde, for the voiage that I made "into Fraunce about your marriage, I never "receyved either golde or filver of you, nor yet for the voiage that the Duke of Aumarle and I made into Almayne, where wee spent great treasure. Marry, true it is, that once "I laid an ambushe to have flaine the Duke of "Lancaster, that there fitteth: But neverthe

"lefs he hath pardoned me thereof, and there was good peace made betwixt us, for which " I yelde him hearty thanks.

"This is that which I have to aunfwere, "and am ready to defende my felf against "mine adverfarie. I befeche you therefore of righte, and to have the battaile against him "in upright judgement."

Sc. 3. p. 10. Dutchess of Gloucester to the Duke of Lancaster.

Dutch. Finds brotherhood in thee no sharper
Spur ?

Hath love in thy old blood no living fire? Edward's feven fons, whereof thyself art one, Were as feven vials of his facred blood.] His feven fons, were, Edward of Woodstock, the Black Prince. William of Hatfield. Lionel Duke of Clarence. John of Gaunt, Duke of Lancaster. Edmund of Langley, Earl of Cambridge, afterwards Duke of York. William of Windfor. And Thomas of Woodstock: Was first Earl of Buckingham, created by his nephew, King Richard, at his coronation, anno 1377. By whom he was made afterwards the Duke of Gloucester, 1387.

Id. ib. The Dutchefs of Gloucester speaking of the death of her hufband, the Duke, fays: One flourishing branch of his most royal root Is crackt, and all the precious liquor fpilt: Is back'd down, and his fummer leaves are faded.] Vaded, Folio 1632. And the word used in the fame fenfe for faded, or wither'd, in ShakeSpeare's days. Vade,

Vade, fade, or wither. A belg. vaden flacceffere, deflorere. See more, Minfbiem's Guide into Tongues, col. 719.

Id. ib. God's is the quarrel, for God's fubftitute.]

"Heaven's is the quarrel for heaven's subftitute," Folios 1623, and 1632.

Sc. 4. p. 13.

K. Rich. Marfbal, ask yonder knight in arms, Both who he is, and why he cometh hither, Thus plated in babiliments of war.]

Mr. Selden defcribes the manner of proceeding in combats of this kind: [Duella, chap. 11.] "The appellant and procurator first enter the "gate on the right end of the lifts, bounded "with his, efquires, cloath'd in his colours, "and array'd with his arms, waiting on him. "The conftable and marshal demand by a "berald what he is, and how he comes fo ar"ray'd? &c." See likewife Segar, lib. 3.

cap. 17.

Id. ib. Marfbal. On pain of death no perfon
be fo bold,

Or daring hardy, as to touch the lifts,
Except the marshal, and fuch officers,
Appointed to direct thefe fair defigns.]

"A herald, by commandment of the confta"ble and marshal, did make proclamation at "four corners of the lifts, thus, Oiez, oiez: "We charge and command, in the name of "the king, the conftable and marshal, that no 66 man, of what estate, title, or degree foever, "fhalk

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