Historical Trials In Richard II

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The King of Trials: Historical Trials in Richard II William Shakespeare's Richard II acts as an amalgamation of three forms of trial: trial by ordeal, trial by combat, and trial by jury. Presenting the trial by ordeal in the spirit of its original Latin iudicium Dei, meaning "the truth of God", King Richard II offers himself an extension of God-ruling through divine right-therefore, creating a variant of an ordeal in his banishment of Henry Bolingbroke (Bartlett 5). Further, Richard II sanctions a trial by combat to determining an appeal of treason brought before him between Bolingbroke and Thomas Mowbray. The trial by jury, with testimony heard before judge and court, takes the form of Bolingbroke and his men hearing witnesses recount the …show more content…
When Richard II determines that Bolingbroke will be banished instead of facing the more common trial by combat after he and Mowbray accuse each other of treason, he employs a variant of trial by ordeal. Richard hears their accusations, yet both men are adamant that words and testimony are not the solution to their problem. As Bolingbroke says, "What my tongue speaks my right-drawn sword may prove", he suggests trial by combat, to which Mowbray agrees (1.1.46). However, when it comes time for this trial Richard II stops the proceeding, deciding to banish the two instead, Mowbray indefinitely and Bolingbroke for six years. The ordeal that Bolingbroke must face takes the form of banishment, to which Bolingbroke responds, "how long a time lies on one little word! / Four lagging winters and four wanton springs / End in a word, such is the breath of kings" (1.3.213-215). As Bolingbroke alludes, the word of the king, much like the word of God, was final and his survival or death while banished acts as the determining factor of his guilt, as we later find that Mowbray dies soon after his banishment. As scholar and attorney Margret H. Kerr writes, "[t]he ordeal was an instrument of mercy", she echoes the sentiment behind Richards suggestion of trial by ordeal: so that both parties might live (574). Based upon this interpretation of the trial by ordeal in which Bolingbroke and Mowbray are both given the opportunity to live, Richard II's actions align with the sentiment of mercy, however, his actions are wrought with selfish intentions and monetary gain. With King Richard II claiming divine right on the English throne, he takes the place of God when delivering his judgment, reminiscent of the trials by

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