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Jim McDougall · Yesterday, 01:29 AM

Interesting case, and it would take quite a bit of complicated research trying to wade through the complexities of English law in those times.
As near as I can guess, Lord Byrons status was key in the matter, and it seems as if his light sentence was the result of tenuous legal machinations.

I dont believe there was a specific 'statute' under Edward VI, whose short reign ended with his death at 15 in 1553, and the Lady Jane Grey issue.
The 'benefit of clergy' element had to do possibly with Lord Byrons peerage and matters of what is known as 'legal fiction' which I would best describe as 'abstract' legal protocol.

I think the outcome of Lord Byrons sentence is more aligned with the 'judicial duel', trial by combat, in England known as 'wager of battle', in which the winner in effect is shown as 'right'. Somehow these convolutions elementally absolved him of criminal wrongdoing.

Thats about the best I can come up with, and actually it is salient despite not involving a sword cane, but the outcome is essentially the same. Not sure when this combat took place, but the wager of battle law/statute ended in 1819.

Yesterday, 01:29 AM	#11
Jim McDougall Arms Historian Join Date: Dec 2004 Location: Route 66 Posts: 10,506	English law and machinations Interesting case, and it would take quite a bit of complicated research trying to wade through the complexities of English law in those times. As near as I can guess, Lord Byrons status was key in the matter, and it seems as if his light sentence was the result of tenuous legal machinations. I dont believe there was a specific 'statute' under Edward VI, whose short reign ended with his death at 15 in 1553, and the Lady Jane Grey issue. The 'benefit of clergy' element had to do possibly with Lord Byrons peerage and matters of what is known as 'legal fiction' which I would best describe as 'abstract' legal protocol. I think the outcome of Lord Byrons sentence is more aligned with the 'judicial duel', trial by combat, in England known as 'wager of battle', in which the winner in effect is shown as 'right'. Somehow these convolutions elementally absolved him of criminal wrongdoing. Thats about the best I can come up with, and actually it is salient despite not involving a sword cane, but the outcome is essentially the same. Not sure when this combat took place, but the wager of battle law/statute ended in 1819.