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the constable and marsbal called before them the pledges, as well of the defendant, as of the challenger, to be thew'd, and presented unto the king, there to remain within the lists as prisoners, until such 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 observes, that from the eighth of the canons made at Armagh, (where Saint Patrick, the then archbishop, presided in council) “ The “ footsteps of the general combat for the trial “ of truth, might be deduced, it being there “ provided, that whosoever becomes surety for

a beatben, and is deceived, he Tall 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. Ten the Lord Rea of Scotland accused James then Marquis !afterwards Dukc) of Hamilton, of a design to make himself King of Scotland-A day and place were appinud

These th:02 tsuz kazdy changeurk in hud,
For Casan w Cambel 60. u 18.! ;
The day was let, 42 374 st14,
els 21, e larte, 16 km **



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for the combat, but the king put a stop to it? See History and Examination of Duels, by Jabn Cockburn, D.D.-P.124. b. 5 i 1:

Act 1. fc. 2. p.-7.

As he is but our fatber's brother's fon.] - My “ father's,” Folio 1632, and Sir Tbo. Hanmer. Id. ib. Then Bolinbroke, as low as, to tby

heart, Through the false passages of thy throat thou lieft! Three parts of that receipt I had for Calais, Disburst I to his bighness's soldiers, The other part referu'd I by confent, For that my fovereign liege was in my debt iz Upon remainder of a dear account, &c.]

This is almost a litteral transcript from How linfbed's Richard, the Second.

Upon the Duke of Hereford's accufation of “ the Duke of Norfolk, the king wax'd angry, *s and ask'd the Duke of Hereford,(who had accused the Duke of Norfolk, by a proxy) “ if these were his words? Who answered, " Right dear Lord, they are my words, and « hereof I require right, and the battle againft

is him.

“ There was a knight also, that afk'd licenfe

to speake for the Duke of Norfolk, and ob“tained it, and br to answer thus: Right “deare fovereig

here is Thomas bray, Duke of

who aunswere faith, and I fo

at all that H
Lancaster hath

eclared, (fav
and his couns

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se dye; and the ifaid Henry of Lancafter hath

falfely and wickedly lyed, as a false and dif“ loyal knight ; and both hach been, and is a

traytour against you, your crown, royal majestie 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 counsell, thar it may please you, “ in your royal discretion, to consider and mark “ what Henry of Lancaster, Duke of Hereford, “ such a one as he is, hath faide.

“ The king thên 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 so

much golde to påy your people of the town " of Callaise, which I have done, and I do a. "vouche, that your town of Callaise is as well “ kept at your commaundemente as ever it was Slany 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 silver of you, nor

yet for the voiage that the Duke of Aumarle 's and I made into Almayne, where wee spent great treasure. Marry, true it is, that once I laid an ambulhe to have flaine the Duke of akcaft at there Gtteth: But neverthe

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64 less 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 aunswere, "and am ready to defende my self against “ mine adversarie, I beseche you therefore of “ righte, and to have the battaile against him “ in upright judgement."

Sc. 3. p. 1o. Dutchess of Gloucester to the
Duke of Lancaster.
Dutch. Finds, brotherhood in thee no parper

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 w Black Prince. William of Hatfield. Lionel Duke of Clarence. Fobn 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, says :

One flourisbing branch of his most royal root Is crackt, and all the precious liquor spilt: { Is back'd down, and his summer leaves are faded.]

Vaded, Folio 1632. And the word used in the same sense for faded, or wither'd, in Shake'Speare's days.


66 The appellant and procurator first enter the

Vade, fade, or wither. A belg. vaden flacceffere, deflorere. See more, Minsiem's Guide into Tongues, col. 719. in ', "it's go Id. ib. God's is the quarrel, for God's substi

tute.] 15 “Heaven's is the quarrel for heaven's sub

ftitute,” Folios 1623, and 1632. *.,? K. Rich. Marshal, ask yonder knight in arms, Both who he is, and why he cometb bitber, Thus plated in habiliments of war.] ,

Mr. Selden describes the manner of proceeding in combats of this kind : [Duella, chap. 11.]

. Sc. 4. p. 13

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gate on the right end of the lists, bounded 1" with his esquires, cloath'd in his colours, " and array'd with his arms, waiting on him. " The constable and marshal demand by a berald what he is, and how he comes fo ar,

ray'd ? &c." See likewise Segar, lib. 3. cap. 17. Id. ib. Marshal. On pain of death no person

be so bold,
Or daring hardy, as to touch the lifts,
Except the marshal, and fuck officers,
Appointed to direet these fair designs.]

“ A herald, by commandment of the consta

ble and marshal, did make proclamation at “ four corners of the lifts, thus, Diez, oiez: “ We charge and command, in the name of “ the king, the constable and marshal, that no man, of what estate, title, or degree foever, X 3

6 shall

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