How we cite our quotes: (Chapter.Page)
Quote #4
It was proclaimed throughout the kingdom that everyone should come to court. They came as quickly as they could until all the Cornish people were assembled [...] The king addressed them, saying that he was going to burn his wife and his nephew on a pyre. All the people in the kingdom cried out:
'King, you would do them too great a wrong if they were not first brought to trial. Afterwards put them to death. Sire, mercy!' (4.67)
Since we know from earlier lines that the Cornish people do not want Tristan and Yseut to die, they must be convinced that a fair trial will prove their innocence. Mark's refusal to do what his barons want him to do suggests that their importance to the process of justice goes only so far. They must assemble to serve as witnesses to the death penalty to elevate it above the charge of petty vengeance. The presence of the audience legitimates Tristan and Yseut's deaths as part of the legal system. But the audience's opinion seems to count for nothing with the "judge," King Mark, who has already passed sentence on his "criminals."
Quote #5
'Sire, you wish to do justice by burning your wife like this. It is a harsh punishment but, if ever I knew anything, it will not last long […] But if you would listen to me [I could tell you of a way to punish her so] that she would rather have been put to death than still living in dishonour. Anyone who came to hear of this would think the more of you.' (4.73)
The leper's suggestion that Mark give Yseut to the lepers rather than burn her plays upon Mark's understanding of the purpose of punishment. Rather than viewing it as a way to uphold justice, Mark seems to value it as a means of exacting personal vengeance and bolstering his own power and reputation.
Quote #6
'I want to request you to allow me to clear myself and make my defence in your court. Never at any time did she or I love each other wickedly. You have been led to believe lies; but, as God gives me joy and happiness, they never put it to the test in a combat on foot or otherwise. If I agree to this taking place in your court, then burn me in sulphur if I am found guilty! If I can come through the ordeal, let no one, long-haired or bald, [ever accuse us again.] (13.111)
Once again, Tristan requests to be allowed to prove his innocence in a trial-by-combat. The continued refusal of Mark's barons to face Tristan in such a trial lends support to Tristan's claim of innocence, even though what motivates the barons' refusal is likely simple fear.