the conftable and marfbal 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 beathen, and is deceived, he fhail pay the "debt: For if he enters the lifts with him, he "shall 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

"Thefe three that hardy challenge took in hand, For Canacre with Cambel for to fight;

**The day was fet, that all might underhand, ader an'1, the fame to keep angle" %

for

for the combat, but the king put a stop to it?
See Hiftory and Examination of Duels, by Jahr
Cockburn, D. D. p. 124 bus
P

Act 1. 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 heart,

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 tranfcript from Ho linfbed's Richard the Second.

66

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

66

"There was a knight alfo, that afk'd licenfe

to fpeake for the Duke of Norfolk, and ob to anfwer thus: Right

"tained it, and br

deare fovereig

"bray, Duke of faith, and I fu Lancefter harh

here is Thomas M
who aunfweres

at all that H
eclared, (fav
and his counf

་

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 traytour against you, your crown, royal majeftie 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 pleafe you, " 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 these were his words, and whe"ther he had any more to say? The Duke "of Norfolk then answered 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 "kept at your commaundemente as ever it was "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 of filver of you, nor "yet for thé voiage that the Duke of Aumarle " and I made into Almayne, where wee spent great treasure. Marry, true it is, that once Llaid an ambushe to have flaine the Duke of ancaft at there fitteth: But neverthe

C.

lefs he hath pardoned me thereof, and there was good peace made betwixt us, for which Iyelde 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 Gloucefter to the Duke of Lancaster.

Dutch. Finds brotherhood in thee no harper
Spur ?

e

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 firft 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 Dutchess of Gloucester speaking of the death of her husband, 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 Guidè into Tongues, col. 719. mit

Id. ib. God's is the quarrel, for God's fubfti

9,3 tute.]

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

Sc. 4. p. 13.

2

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 describes 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 marfbal demand by a "berald what he is, and how he comes fo arx6. 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 these fair defigns.]

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